Late Fee Addendum

to Residential Lease Agreement (Nebraska)

[// GUIDANCE: This template is designed for use with a pre-existing Nebraska residential lease (“Base Lease”). Bracketed items require attorney customization. All statutory references are limited to well-established provisions of the Nebraska Uniform Residential Landlord and Tenant Act (“URLTA”), Neb. Rev. Stat. § 76-1401 et seq. Confirm compliance with any municipal ordinances (e.g., Lincoln, Omaha) that may impose additional restrictions.]

I. DOCUMENT HEADER

1. Parties
   This Late Fee Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   a. Landlord: [LANDLORD LEGAL NAME], a [LEGAL ENTITY TYPE] (“Landlord”); and
   b. Tenant: [TENANT LEGAL NAME(S)] (“Tenant”).

2. Recitals
   a. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [BASE LEASE DATE] (the “Base Lease”) covering the Premises located at [PREMISES ADDRESS] (the “Premises”).
   b. The parties wish to amend the Base Lease solely with respect to late payment of Rent, subject to Nebraska law.
   c. Adequate consideration exists for this Addendum, the receipt and sufficiency of which are acknowledged.

3. Jurisdiction
   This Addendum shall be governed by the URLTA and other applicable laws of the State of Nebraska, without regard to conflict-of-laws principles.

II. DEFINITIONS

For purposes of this Addendum (capitalized terms not defined herein have the meanings ascribed in the Base Lease):

“Addendum” has the meaning set forth in the header.
“Base Lease” means the Residential Lease Agreement identified in Section I.2.a.
“Due Date” means the day of each calendar month on which Rent is due under the Base Lease.
“Grace Period” means the period commencing on the Due Date and continuing through 11:59 p.m. on the [GRACE PERIOD DAYS]-th calendar day thereafter, during which no Late Fee accrues.
“Late Fee” means the fee imposed under Section III.2 for Tenant’s failure to remit Rent in full before expiration of the Grace Period.
“Monthly Rent” means the monthly Rent amount stated in the Base Lease as [MONTHLY RENT AMOUNT].

III. OPERATIVE PROVISIONS

1. Incorporation by Reference
   The terms of the Base Lease are incorporated herein. In the event of conflict, this Addendum controls with respect to Late Fees.

2. Late Fee Assessment
   a. Trigger: If all or any portion of Monthly Rent remains unpaid after the Grace Period, Tenant shall immediately owe a Late Fee to Landlord.
   b. Amount: The Late Fee shall be the lesser of:
   i. [SPECIFIC DOLLAR AMOUNT] ; or
   ii. [PERCENTAGE]% of the outstanding Monthly Rent;
   provided that in no event shall the Late Fee exceed any statutory or regulatory cap imposed by Nebraska law or local ordinance.
   c. Accrual: The Late Fee is a one-time charge per delinquent rental period and is not interest. Interest on unpaid Rent, if any, shall accrue only as permitted under applicable law.

3. Notice of Late Fee
   Landlord shall provide Tenant written notice of the Late Fee in the manner required by URLTA § 76-1431(2), specifying (i) the amount of Rent past due, (ii) the Late Fee assessed, and (iii) the deadline to cure (not less than seven (7) days from the date of notice).

4. Application of Payments
   Payments received after assessment of a Late Fee shall be applied first to outstanding Late Fees, then to accrued Rent, unless otherwise mandated by law.

5. Grace Period Modification
   The Grace Period specified herein supersedes any grace period stated in the Base Lease. Any subsequent statutory change providing a longer grace period shall automatically amend this Section III.5 to comport with the new minimum.

IV. REPRESENTATIONS & WARRANTIES

1. Authority
   Each party represents it has full legal authority to enter into and perform this Addendum.

2. No Conflicts
   Tenant represents that execution of this Addendum does not violate any other agreement to which Tenant is party.

3. Survival
   The representations and warranties in this Article IV survive termination of the Base Lease only to the extent related to amounts then owing.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenant
   Tenant shall timely pay Rent and any Late Fee in lawful U.S. currency in accordance with the payment instructions in the Base Lease.

2. Landlord Covenant
   Landlord shall not impose any fee, charge, or penalty for late payment of Rent except as expressly authorized by this Addendum or by applicable law.

VI. DEFAULT & REMEDIES

1. Event of Default
   Failure to pay any Late Fee within the cure period stated in the notice under Section III.3 constitutes a material non-payment of Rent and an “Event of Default” under the Base Lease and URLTA § 76-1431(1).

2. Remedies
   Upon an Event of Default, Landlord may exercise all remedies available under the Base Lease and Nebraska law, including but not limited to termination of the tenancy and possession proceedings in [STATE HOUSING COURT NAME].

3. Attorney Fees
   If permitted by URLTA § 76-1416 and awarded by the court, the prevailing party in any action to enforce this Addendum may recover reasonable attorney fees and costs.

VII. RISK ALLOCATION

1. Indemnification
   Not applicable pursuant to Metadata (“Indemnification: not_applicable”).

2. Limitation of Liability
   Landlord’s assessment of a Late Fee shall not exceed the limits, if any, established by Nebraska statute or local ordinance.

3. Force Majeure
   Neither party shall be liable for delay in performance caused by events beyond its reasonable control; however, this provision does not excuse Tenant’s obligation to pay Rent unless such excuse is mandated by law (e.g., governmental rent moratoria).

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Addendum is governed by the laws of the State of Nebraska and the URLTA.

2. Forum Selection
   Exclusive jurisdiction and venue for disputes arising hereunder shall lie in the [NAME OF COUNTY] County Court sitting as the state housing court, unless Nebraska law requires otherwise.

3. Arbitration
   Arbitration is expressly excluded.

4. Jury Waiver
   The parties acknowledge the constitutional right to a jury trial and do not waive that right herein.

5. Injunctive Relief
   Nothing in this Addendum shall limit Landlord’s statutory right to seek injunctive or equitable relief, including eviction.

IX. GENERAL PROVISIONS

1. Amendment
   No amendment to this Addendum is effective unless in a writing signed by both parties.

2. Waiver
   Waiver of any breach must be in writing and shall not operate as a waiver of any other or subsequent breach.

3. Assignment
   Tenant may not assign this Addendum or the Base Lease without Landlord’s prior written consent except as permitted by law.

4. Successors & Assigns
   Subject to Section IX.3, this Addendum binds and benefits the parties and their respective successors and permitted assigns.

5. Severability
   Any unenforceable provision is severed, and the remainder of this Addendum shall be enforced to the fullest extent permitted by law.

6. Integration
   This Addendum and the Base Lease constitute the entire agreement regarding late fees and supersede all prior or contemporaneous discussions or writings on that subject.

7. Counterparts & Electronic Signatures
   This Addendum may be executed in counterparts, each of which is an original and all of which constitute one instrument. Signatures delivered electronically or by facsimile are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties hereto have executed this Late Fee Addendum as of the Effective Date.

[// GUIDANCE: Nebraska does not require notarization of residential leases; confirm whether local recording or witness rules apply to your specific transaction.]

Exhibit A (Optional): Municipal Late Fee Caps

[// GUIDANCE: Attach municipal ordinances or summaries if the Premises are located in jurisdictions with specific caps (e.g., City of Lincoln).]

End of Document