LATE FEE ADDENDUM
to Residential Lease Agreement – State of New Hampshire
[// GUIDANCE: This document is intended to be attached to and expressly made part of an existing written Residential Lease Agreement (“Lease”). All bracketed items in CAPS must be customized before execution. Delete all guidance boxes and unused bracketed text.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
ADDENDUM TITLE: Late Fee Addendum to Residential Lease Agreement (New Hampshire)
PARTIES:
• Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] with a principal address at [ADDRESS] (“Landlord”)
• Tenant: [TENANT LEGAL NAME], an individual residing at [LEASED PREMISES ADDRESS] (“Tenant”)
EFFECTIVE DATE: [DATE] (“Effective Date”)
GOVERNING LAW: The laws of the State of New Hampshire, including N.H. Rev. Stat. Ann. ch. 540 & 540-A and all applicable municipal ordinances (“NH Landlord-Tenant Law”).
RECITALS
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
B. The Lease currently does not, or does inadequately, address late payment of Rent.
C. The parties desire to amend the Lease to include a comprehensive late fee provision that complies with NH Landlord-Tenant Law, including any grace-period, notice, and fee-cap requirements.
CONSIDERATION: Mutual covenants herein and the continued landlord-tenant relationship constitute sufficient consideration.
2. DEFINITIONS
For purposes of this Addendum (capitalized terms not defined herein have the meanings ascribed in the Lease):
“Grace Period” means the number of calendar days after the Rent Due Date during which payment may be made without incurring a Late Fee, as specified in § 3.1.
“Late Fee” means the fee assessed on Outstanding Rent pursuant to § 3.2.
“Outstanding Rent” means any unpaid Rent (as defined in the Lease) that remains due and owing after expiration of the Grace Period.
“Rent Due Date” means the first (1st) calendar day of each month, unless the Lease specifies a different due date.
“Statutory Cap” means any maximum late fee amount, rate, or percentage permitted under NH Landlord-Tenant Law as of the Effective Date or as subsequently amended.
3. OPERATIVE PROVISIONS
3.1 Grace Period.
Tenant shall have a Grace Period of [GRACE_PERIOD_DAYS] calendar days following each Rent Due Date to remit full payment of Rent without penalty. [// GUIDANCE: A 7-day Grace Period coordinates with RSA 540:2 7-day “Demand for Rent” notice. Modify if business practice differs.]
3.2 Late Fee Assessment.
(a) If any portion of Rent remains unpaid after the Grace Period, Landlord may assess a Late Fee equal to the lesser of:
(i) [FIXED_DOLLAR_AMOUNT] dollars ($[AMOUNT]); or
(ii) [VARIABLE_PERCENT]% of the Outstanding Rent; provided, however, that the Late Fee shall in no event exceed the Statutory Cap.
(b) The Late Fee shall constitute Additional Rent and shall be immediately due and payable.
3.3 Reasonableness & Statutory Compliance.
The parties acknowledge that Late Fees must be reasonable and not punitive. If a court of competent jurisdiction determines the Late Fee exceeds the Statutory Cap or is otherwise unenforceable, the Late Fee shall automatically be reduced to the highest amount permissible under NH Landlord-Tenant Law without further action by the parties.
3.4 Separate Written Demand.
Before assessing any Late Fee, Landlord shall deliver a written “Demand for Rent” notice compliant with RSA 540:2, providing Tenant at least seven (7) days to cure the non-payment.
3.5 Application of Payments.
Payments received from Tenant shall be applied first to outstanding Late Fees, then to accrued interest (if any), and finally to base Rent, unless otherwise required by law.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord Authority.
Landlord represents that it is the legal owner or authorized agent of the Premises and has full authority to execute this Addendum.
4.2 Tenant Capacity.
Tenant represents that Tenant has full legal capacity to enter into and perform under this Addendum.
4.3 No Conflict.
Each party warrants that execution of this Addendum does not violate any other agreement or legal obligation binding upon that party.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants.
(a) Timely Payment. Tenant shall pay all Rent and Late Fees in accordance with the Lease and this Addendum.
(b) Notice of Hardship. Tenant shall promptly notify Landlord in writing of any bona fide financial hardship that may delay payment.
5.2 Landlord Covenants.
(a) Statutory Compliance. Landlord shall comply with all notice, grace-period, and fee-cap requirements under NH Landlord-Tenant Law.
(b) Receipt Issuance. Landlord shall provide Tenant with a written or electronic receipt for any Late Fee collected.
6. DEFAULT & REMEDIES
6.1 Events of Default.
Failure by Tenant to pay Outstanding Rent and any assessed Late Fee within the cure period stated in the Demand for Rent notice shall constitute a material default.
6.2 Remedies.
Upon an Event of Default, Landlord may pursue any remedy available under the Lease or NH Landlord-Tenant Law, including but not limited to:
(a) Summary eviction proceedings pursuant to RSA 540;
(b) Recovery of all Outstanding Rent, Late Fees, court costs, and reasonable attorney’s fees; and
(c) Injunctive or equitable relief as permitted by law.
6.3 Cumulative Rights.
Rights and remedies are cumulative and non-exclusive.
7. RISK ALLOCATION
7.1 Indemnification.
No separate indemnification obligations arise from this Addendum.
7.2 Limitation of Liability.
Nothing in this Addendum shall be construed to waive, alter, or expand any statutory limitation of liability afforded to either party under NH law.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Addendum and any dispute arising hereunder shall be governed by NH Landlord-Tenant Law without regard to conflict-of-law principles.
8.2 Forum Selection.
The parties consent to the exclusive jurisdiction of the [COUNTY] Housing Court (or, if none, the circuit court with housing jurisdiction) for all proceedings relating to this Addendum, subject to any mandatory venue rules.
8.3 Arbitration.
The parties expressly opt out of arbitration.
8.4 Jury Trial.
Nothing herein shall be construed as a waiver of the parties’ constitutional right to a jury trial where such right applies.
8.5 Injunctive Relief.
Nothing in this Addendum limits Landlord’s statutory right to seek eviction or other injunctive relief.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver.
No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties.
9.2 Assignment.
Tenant may not assign this Addendum or the Lease without Landlord’s prior written consent, except as otherwise provided by law.
9.3 Successors & Assigns.
This Addendum binds and benefits the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
9.4 Severability.
If any provision of this Addendum is held invalid, the remaining provisions remain in full force to the maximum extent permitted.
9.5 Integration.
This Addendum, together with the Lease and any prior written amendments, constitutes the entire agreement with respect to Late Fees and supersedes all prior discussions.
9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each deemed an original and all constituting one instrument. Signatures transmitted by electronic means shall be deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Late Fee Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _____ | _____ |
| [LANDLORD NAME & TITLE] | [TENANT NAME] |
| Date: _____ | Date: _____ |
[// GUIDANCE: NH does not require notarization for residential leases under one year; confirm with local counsel if notarization or witnesses are desired for evidentiary purposes.]