Late Fee Addendum to Residential Lease Agreement (Mississippi)
[Clean Version – Ready for Attorney Review]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Delete the Table of Contents for brief agreements if not needed.]
1. DOCUMENT HEADER
This Late Fee Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD NAME], having an address at [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT NAME], having an address at [TENANT ADDRESS] (“Tenant”).
(Each a “Party” and, collectively, the “Parties.”)
Recitals
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) covering the residential premises located at [PREMISES ADDRESS] (the “Premises”).
B. The Parties desire to amend the Lease to set forth the terms under which late fees may be imposed and collected, consistent with the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 et seq. (2023).
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below. Defined terms appearing in the Lease but not in this Addendum retain the meanings given in the Lease.
“Grace Period” means the number of calendar days after the Rent Due Date during which Rent may be paid without incurring a Late Charge, as specified in Section 3.2.
“Late Charge” means the monetary amount assessed pursuant to Section 3.1 for Tenant’s failure to timely pay Rent.
“Rent” means the monthly rental payment due under the Lease, together with any “Additional Rent” (as that term may be defined in the Lease).
“Rent Due Date” means the date Rent is due under the Lease, typically the first (1st) calendar day of each month unless otherwise provided.
3. OPERATIVE PROVISIONS
3.1 Assessment of Late Charge.
(a) If Tenant fails to pay the full amount of Rent on or before expiration of the Grace Period, Tenant shall incur a Late Charge equal to the lesser of:
(i) [DOLLAR AMOUNT]; or
(ii) [PERCENTAGE]% of the monthly Rent,
provided that such Late Charge shall not exceed any applicable statutory limit nor be deemed unconscionable under Mississippi law.
(b) The Late Charge is deemed “additional rent” under the Lease and is immediately due and payable without demand.
3.2 Grace Period.
Tenant shall have a Grace Period of [NUMBER] calendar days following each Rent Due Date. No Late Charge will accrue if the Rent is received in good funds by Landlord on or before the last day of the Grace Period.
[// GUIDANCE: Mississippi law does not mandate a grace period. Parties typically provide 3–5 days to enhance enforceability and reasonableness.]
3.3 Notice of Late Charge.
Landlord shall deliver written notice of the Late Charge to Tenant within [NUMBER] days after the end of the Grace Period. Such notice may accompany or be included in any statutory three-day notice to pay Rent or quit, but is not required to do so in order for the Late Charge to accrue.
3.4 Application of Payments.
Payments received shall be applied in the following order: (1) accrued but unpaid Late Charges; (2) past-due Rent; and (3) current Rent. Landlord may re-allocate payments in compliance with Miss. Code Ann. § 89-8-15(2) if applicable.
3.5 Adjustment for Statutory Changes.
Should Mississippi enact a statutory cap on late fees or modify requirements affecting this Addendum, the Parties agree that the Late Charge shall automatically adjust to the maximum amount or standard then permitted by law without the need for further amendment.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each Party represents that it has full power and authority to enter into and perform this Addendum and that doing so will not violate any other agreement to which it is a party.
4.2 No Default. Each Party warrants that, to its knowledge, it is not in material default under the Lease as of the Effective Date.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall:
(a) timely pay all Rent and Late Charges;
(b) remit Late Charges only in lawful money of the United States; and
(c) not condition or withhold Rent payments on the completion of repairs, except as expressly permitted by law.
5.2 Landlord Covenants. Landlord shall:
(a) maintain accurate records of Rent and Late Charge payments; and
(b) comply with all notice requirements under Mississippi law prior to initiating any eviction proceeding.
6. DEFAULT & REMEDIES
6.1 Event of Default. Tenant’s failure to pay any Late Charge within [NUMBER] days after written notice constitutes a separate monetary default under the Lease.
6.2 Remedies. Upon default, Landlord may:
(a) assess interest on unpaid Late Charges at the lesser of [___]% per annum or the maximum rate permitted by law;
(b) recover reasonable attorney’s fees and court costs; and
(c) pursue eviction and any other remedy authorized under the Lease or Mississippi law, including injunctive relief for possession (“eviction remedy”).
6.3 Cumulative Rights. Remedies are cumulative and not exclusive. Failure to exercise any remedy is not a waiver.
7. RISK ALLOCATION
7.1 Indemnification. No indemnification obligations are created by this Addendum beyond those, if any, contained in the Lease.
7.2 Limitation of Liability. Nothing in this Addendum shall be interpreted to waive or limit any statutory right, defense, or remedy available to either Party under Mississippi law or applicable federal statutes.
[// GUIDANCE: Mississippi imposes no special statutory cap on late-fee liability, but unconscionable penalties may be unenforceable under common law.]
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the laws of the State of Mississippi, without regard to conflict-of-laws rules.
8.2 Forum Selection. The Parties submit to the exclusive jurisdiction of the [NAME OF COUNTY] County Housing Court or any other court of competent jurisdiction located within Mississippi.
8.3 Arbitration. The Parties expressly exclude arbitration for any dispute arising from or related to this Addendum.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of the Parties’ constitutional right to a trial by jury.
8.5 Injunctive Relief. Landlord’s right to seek eviction or other injunctive remedies is preserved in full.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both Parties.
9.2 Assignment. Tenant may not assign this Addendum or the Lease without Landlord’s prior written consent, except as may be permitted by Miss. Code Ann. § 89-8-13(4).
9.3 Severability. If any provision of this Addendum is held unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to render it enforceable.
9.4 Integration. This Addendum and the Lease constitute the entire agreement of the Parties with respect to late fees, superseding all prior or contemporaneous oral or written agreements.
9.5 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts (including PDF or electronic signatures), each of which is deemed an original, and all of which together constitute one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the date first written above.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| [LANDLORD NAME], Landlord | [TENANT NAME], Tenant |
| Date: _______ | Date: _______ |
[Optional Notary Block — Include only if notarization is required by the underlying Lease or local practice.]
[// GUIDANCE:
1. Insert dollar/percentage figures for Late Charges that are commercially reasonable (often 5% of monthly Rent or $75, whichever is less).
2. Standard grace periods in Mississippi range from 3–5 days but are negotiable.
3. Ensure that the county housing court designated in Section 8.2 is the proper venue under local rules.
4. Review the Lease for consistency, especially definitions of “Rent,” “Additional Rent,” and default remedies.]