LATE FEE ADDENDUM

to Residential Lease Agreement – State of Missouri

[// GUIDANCE: This Addendum is intended for use with an existing written Residential Lease Agreement (“Lease”). It should be attached to—and expressly made part of—the Lease. Practitioners should verify municipal ordinances (e.g., Kansas City, St. Louis, Columbia) for additional or more restrictive late-fee rules before finalizing.]

I. DOCUMENT HEADER

1. Parties
   This Late Fee Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] by and between [LEGAL NAME OF LANDLORD], (“Landlord”), and [LEGAL NAME(S) OF TENANT(S)], (“Tenant”), collectively the “Parties,” with reference to the following facts.

2. Recitals
   2.1 Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) covering the residential premises located at [PROPERTY ADDRESS] (the “Premises”).
   2.2 The Lease requires timely payment of Monthly Rent and permits supplementation by addenda.
   2.3 The Parties now desire to set forth their agreement regarding late payment of Rent and related fees.

3. Consideration & Incorporation
   For good and valuable consideration, the adequacy and receipt of which are acknowledged, the Parties agree that this Addendum is incorporated into and made part of the Lease as of the Effective Date. All capitalized terms not defined herein have the meanings assigned in the Lease.

II. DEFINITIONS

“Business Day” – Any day other than Saturday, Sunday, or a Missouri state or federal legal holiday.

“Due Date” – The [DAY] day of each calendar month on which Monthly Rent is due under the Lease.

“Grace Period” – The period commencing on the Due Date and ending at 11:59 p.m. [NUMBER] ([DEFAULT = 5]) calendar days thereafter, during which Rent may be paid without incurring a Late Fee.

“Late Fee” – A fee assessed for Tenant’s failure to remit the full amount of Monthly Rent by the expiration of the Grace Period, calculated and imposed under Section III.2.

“Monthly Rent” – The base rent due under the Lease, exclusive of utilities, pet fees, or other additional charges, unless expressly stated otherwise.

“Notice” – Written notice delivered to the receiving Party (a) by hand, (b) certified U.S. mail, return-receipt requested, (c) nationally recognized overnight courier, or (d) electronic transmission (email) if the receiving Party has provided an email address for official notices in the Lease.

III. OPERATIVE PROVISIONS

1. Incorporation & Hierarchy
   This Addendum supplements the Lease. In the event of conflict, the terms of this Addendum control solely with respect to Late Fees and related remedies.

2. Assessment of Late Fee
   2.1 If Tenant fails to pay the full amount of Monthly Rent on or before expiration of the Grace Period, Landlord may assess a Late Fee in an amount not to exceed the greater of (a) $ [FLAT_FEE] or (b) [PERCENTAGE]% of the Monthly Rent, per occurrence, subject to Section III.2.2.
   2.2 Missouri law imposes no statewide statutory cap on late fees; however, any Late Fee must be reasonable and may not constitute a penalty. The Parties agree that the Late Fee set forth herein is intended as a reasonable estimate of Landlord’s administrative costs and not as liquidated damages or a penalty.

3. Notice of Late Fee
   Landlord shall deliver Notice of imposition of any Late Fee within [NUMBER] ([DEFAULT = 7]) calendar days after it accrues, identifying (a) the amount of unpaid Rent, (b) the Late Fee amount, and (c) the total balance due.
   [// GUIDANCE: Written demand for rent or possession is required before filing a rent-and-possession action. See Mo. Rev. Stat. § 535.060 (2023). Practitioners should issue the statutory demand separately if eviction is contemplated.]

4. Application & Allocation of Payments
   Unless prohibited by law, payments received after assessment of a Late Fee will be applied in the following order: (a) outstanding Late Fees, (b) accrued charges other than Monthly Rent, and (c) then Monthly Rent.

5. Non-Waiver
   Acceptance of Rent or a Late Fee after default, or Landlord’s failure to impose a Late Fee, does not constitute a waiver of Landlord’s right to enforce the Lease or this Addendum on future occasions.

IV. REPRESENTATIONS & WARRANTIES

1. Authority
   Each Party represents that it has full legal right, power, and authority to enter into and perform this Addendum.

2. Tenant Acknowledgment
   Tenant acknowledges that (a) Tenant has read and understands this Addendum, (b) the Late Fee is reasonable, and (c) Tenant had the opportunity to consult counsel.

The representations and warranties herein survive the termination or expiration of the Lease to the extent necessary to enforce accrued rights.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenant
   Tenant shall pay Monthly Rent in full on or before the Due Date each month and shall promptly pay any assessed Late Fee according to Section III.2.

2. Landlord Covenant
   Landlord shall comply with all applicable federal, state, and local laws governing the assessment and collection of Late Fees.

3. Notice & Cure
   Except as expressly provided herein, any default under this Addendum is subject to the notice-and-cure procedures set forth in the Lease.

VI. DEFAULT & REMEDIES

1. Event of Default
   Failure to pay Monthly Rent and any Late Fee within [NUMBER] ([DEFAULT = 10]) calendar days after delivery of Notice under Section III.3 constitutes an independent Event of Default.

2. Landlord Remedies
   Upon an Event of Default, Landlord may exercise any remedy available under the Lease and Missouri law, including but not limited to:
   a. Demand for possession and filing of a rent-and-possession or unlawful detainer action;
   b. Recovery of all unpaid Rent, Late Fees, court costs, and reasonable attorney fees; and
   c. Any other lawful relief, whether at law or in equity, including injunctive relief or eviction.

3. Cumulative Remedies
   Remedies are cumulative and not exclusive.

VII. RISK ALLOCATION

1. Indemnification
   Not applicable. This Addendum imposes no additional indemnification obligations beyond those contained in the Lease.

2. Limitation of Liability
   Neither Party shall be liable for consequential or punitive damages arising from a breach of this Addendum, except to the extent such limitation is prohibited by applicable Missouri law or public policy (e.g., willful misconduct or gross negligence).

3. Force Majeure
   Performance deadlines are extended to the extent a Party is prevented from timely performance by an event of force majeure, as defined in the Lease.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Addendum and any dispute arising hereunder are governed by the residential landlord-tenant law of the State of Missouri, without regard to conflict-of-law principles.

2. Forum Selection
   The Parties consent to exclusive jurisdiction and venue in the [NAME OF MISSOURI HOUSING COURT OR COUNTY CIRCUIT COURT] having proper subject-matter jurisdiction.

3. Arbitration
   Arbitration is expressly excluded.

4. Jury Trial
   Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.

5. Injunctive Relief
   The Parties reserve all rights to seek injunctive relief, including eviction and possession remedies.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by the Party against whom enforcement is sought.

2. Assignment & Delegation
   Assignment is governed by the Lease. Any assignment of tenant rights does not relieve the assignor of obligations with respect to Late Fees unless expressly released in writing by Landlord.

3. Successors & Assigns
   This Addendum is binding upon and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns.

4. Severability
   If any provision of this Addendum is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be reformed to the minimum extent necessary to render it enforceable.

5. Entire Agreement
   This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties concerning Late Fees and supersedes all prior discussions or understandings.

6. Counterparts; Electronic Signatures
   This Addendum may be executed in counterparts, each of which is deemed an original. Signatures delivered by electronic means (e.g., DocuSign, PDF) are effective.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Late Fee Addendum effective as of the Effective Date first written above.

[Optional Notary Acknowledgment if required by the Lease or local ordinance.]

[// GUIDANCE:
1. Insert a Grace Period that complies with any municipal ordinance (several Missouri cities mandate a minimum 5-day grace period).
2. Confirm that the Late Fee amount chosen is objectively reasonable relative to market norms (generally ≤ 10% of Monthly Rent).
3. Deliver the statutory “demand for rent or possession” separately if eviction may be pursued.
4. Retain proof of all Notices (certified mail receipt, email read-confirmation, etc.).]