LATE FEE ADDENDUM
to Residential Lease Agreement
(New Jersey)
[// GUIDANCE: This Addendum is intended to be attached to and incorporated into a pre-existing New Jersey residential lease. Replace every bracketed item with deal-specific information. Delete any bracketed guidance before execution.]
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
1.1 Title. Late Fee Addendum to Residential Lease Agreement (“Addendum”).
1.2 Parties.
(a) Landlord: [LEGAL NAME], a [STATE] [ENTITY TYPE] having an address at [ADDRESS] (“Landlord”).
(b) Tenant: [LEGAL NAME(S)], currently residing at the Premises defined below (“Tenant”).
1.3 Recitals.
A. Landlord and Tenant entered into that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) for the residential property located at [PREMISES ADDRESS] (the “Premises”).
B. The parties desire to supplement the Lease in order to set forth their agreement concerning late payment of Rent (as defined in the Lease), consistent with all applicable New Jersey landlord-tenant laws, regulations, and municipal ordinances.
C. In consideration of the mutual covenants herein and in the Lease, the parties agree as follows.
1.4 Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and shall remain coterminous with the Lease.
2. DEFINITIONS
Capitalized terms not otherwise defined herein have the meanings ascribed in the Lease.
“Additional Rent” means any monetary obligation of Tenant under this Addendum other than Base Rent, all of which shall be deemed rent collectible and enforceable in the same manner as Base Rent.
“Base Rent” means the monthly rent amount stated in the Lease, currently $[MONTHLY RENT] per month.
“Business Day” means any day other than Saturday, Sunday, or a New Jersey state or federal legal holiday.
“Due Date” means the first (1st) calendar day of each month, unless the Lease specifies a different date.
“Grace Period” has the meaning set forth in Section 3.1.
“Late Fee” has the meaning set forth in Section 3.2.
“Senior Citizen/Disabled Tenant” means any Tenant who qualifies for the statutory protections afforded to seniors or disabled persons under applicable New Jersey landlord-tenant law.
3. OPERATIVE PROVISIONS
3.1 Grace Period.
(a) General Tenants. Tenant shall pay Base Rent on or before the Due Date. Landlord will not impose a Late Fee until 5 calendar days after the Due Date (the “Grace Period”).
(b) Senior Citizen/Disabled Tenants. If Tenant qualifies as a Senior Citizen/Disabled Tenant, Landlord will not impose a Late Fee until 5 Business Days after the Due Date, and any Late Fee shall additionally be subject to the cap in Section 3.2(b).
[// GUIDANCE: If local ordinance mandates a longer grace period, insert here.]
3.2 Late Fee.
(a) Standard Late Fee. If any portion of Base Rent remains unpaid after expiration of the applicable Grace Period, Tenant shall pay a late fee in the amount of $[FLAT AMOUNT] or [PERCENTAGE]% of the unpaid Base Rent, whichever is greater (the “Late Fee”), provided such amount is reasonable in light of Landlord’s actual costs occasioned by late payment.
(b) Statutory Cap for Senior Citizen/Disabled Tenants. Notwithstanding anything to the contrary, for any Senior Citizen/Disabled Tenant the Late Fee shall not exceed five percent (5%) of the monthly Base Rent or such lower amount as required by law.
(c) Reasonableness. The parties acknowledge that the Late Fee is intended to compensate Landlord for administrative costs and is not a penalty.
3.3 Notice of Late Fee.
Landlord shall provide Tenant with written notice specifying (i) the amount of unpaid Base Rent, (ii) the amount of the Late Fee, and (iii) the date on which the Late Fee began to accrue. Such notice shall be delivered in accordance with the Lease’s notice provisions not later than [X] Business Days after assessment.
[// GUIDANCE: A 30-day written notice is customary but not statutorily mandated; confirm local practice.]
3.4 Additional Rent Status. Any Late Fee assessed under this Addendum constitutes Additional Rent. Failure to pay Additional Rent when due constitutes a monetary default under the Lease.
3.5 No Waiver. Landlord’s acceptance of Base Rent without a simultaneously-due Late Fee shall not constitute a waiver of Landlord’s right to recover such Late Fee unless expressly agreed in writing.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents and warrants that it has full right, power, and authority to enter into and perform this Addendum and that no consent of any other person or entity is required.
4.2 Compliance with Law. Landlord represents that the Late Fee structure set forth herein complies with applicable New Jersey statutes, regulations, and municipal ordinances as of the Effective Date.
4.3 Tenant Acknowledgment. Tenant acknowledges review of this Addendum, understands its terms, and had adequate opportunity to consult counsel.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants.
(a) Tenant shall timely pay the Late Fee as Additional Rent.
(b) Tenant shall promptly notify Landlord of any change in status affecting eligibility for the Senior Citizen/Disabled Tenant protections.
5.2 Landlord Covenants.
(a) Landlord shall maintain accurate records of Rent payments and Late Fees.
(b) Landlord shall adjust or refund any Late Fee that exceeds statutory limits or is otherwise unenforceable.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any failure by Tenant to pay a Late Fee within [X] calendar days after written notice demanding payment shall constitute an Event of Default under the Lease.
6.2 Remedies. Upon an Event of Default, Landlord may, in addition to any other rights under the Lease and applicable law:
(a) Treat all unpaid Late Fees as unpaid Rent and commence eviction proceedings in the Superior Court of New Jersey, Special Civil Part, Landlord/Tenant Section for the county in which the Premises is located;
(b) Recover reasonable attorney fees, court costs, and expenses as Additional Rent if and to the extent permitted by law; and
(c) Apply any payment received from Tenant first to outstanding Late Fees, then to Base Rent, unless otherwise required by law.
6.3 Mitigation. Landlord shall act in good faith to mitigate damages consistent with New Jersey law.
7. RISK ALLOCATION
7.1 Indemnification. No indemnification obligations are created by this Addendum.
7.2 Limitation of Liability. Nothing herein shall be construed to waive or limit any party’s rights or obligations to the extent such waiver or limitation is prohibited by New Jersey 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 New Jersey, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the Superior Court of New Jersey, Special Civil Part, Landlord/Tenant Section (or any successor housing court) in the county where the Premises is located.
8.3 Arbitration Excluded. The parties expressly opt out of arbitration.
8.4 Jury Trial Waiver. TO THE EXTENT PERMITTED BY THE NEW JERSEY CONSTITUTION AND STATUTES, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS ADDENDUM. IF SUCH WAIVER IS DEEMED UNENFORCEABLE, THIS CLAUSE SHALL BE SEVERED AND THE REMAINDER OF THIS ADDENDUM SHALL CONTINUE IN FULL FORCE.
8.5 Injunctive Relief. Nothing herein shall limit Landlord’s statutory right to pursue summary dispossess or eviction proceedings for nonpayment of Rent or Additional Rent.
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 and, in the case of waiver, only for the specific instance and purpose given.
9.2 Assignment. Tenant shall not assign this Addendum or the Lease or sublet the Premises without Landlord’s prior written consent, except as otherwise permitted by law.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, legal representatives, successors, and permitted assigns.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remainder shall nevertheless remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with law while effectuating the parties’ intent.
9.5 Integration. This Addendum, together with the Lease and any prior written amendments, constitutes the entire agreement concerning late payment of Rent and supersedes all prior or contemporaneous oral or written understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered via facsimile, PDF, or electronic signature platform (e.g., DocuSign) are binding to the same extent as original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
LANDLORD:
[NAME & TITLE]
Date: _______
TENANT(S):
1. _____
[NAME]
Date: _____
-
[NAME]
Date: _____
[// GUIDANCE: Insert additional signature blocks as required for multiple tenants. Notarization is not required under New Jersey law for residential leases, but may be added at party option.]
END OF DOCUMENT