LATE FEE ADDENDUM
to Residential Lease Agreement – State of Nevada
[// GUIDANCE: Insert the final, fully-executed version of the primary “Residential Lease Agreement” as an attachment or clearly reference its execution date and parties in § I below. This Addendum is intended to supplement, and be fully incorporated into, that Lease.]
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 Parties
This Late Fee Addendum (the “Addendum”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], (“Landlord”); and
• [TENANT LEGAL NAME(S)], (“Tenant,” whether one or more).
Landlord and Tenant are sometimes referred to individually as a “Party” and collectively as the “Parties.”
1.2 Recitals
A. The Parties are party to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”), covering the residential real property commonly known as [PREMISES ADDRESS] (the “Premises”).
B. The Parties desire to supplement the Lease to set forth their agreement regarding late payment of rent in strict compliance with Nevada law, including Nev. Rev. Stat. § 118A.210(4).
C. In consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.
[// GUIDANCE: Recitals create context and consideration—do not delete.]
2. DEFINITIONS
For purposes of this Addendum (with initial capital letters indicating defined terms):
“Base Rent” means the periodic rent amount set forth in § [LEASE SECTION REFERENCE] of the Lease, currently $[BASE RENT AMOUNT] per [MONTH].
“Due Date” means the [DAY] day of each calendar month (or next Business Day if such day is a legal holiday).
“Grace Period” means the three (3) consecutive calendar days immediately following the Due Date, as required by Nev. Rev. Stat. § 118A.210(4)(c).
“Late Fee” means the additional amount payable by Tenant pursuant to § 3.2 of this Addendum due to Tenant’s failure to pay Base Rent within the Grace Period.
“Late Fee Cap” means five percent (5%) of the Base Rent for the applicable rental period.
“Notice of Late Fee” means written notice delivered by Landlord to Tenant in accordance with § 9.3 stating that a Late Fee has been assessed and specifying the amount and the date on which it accrues.
“Additional Rent” means any monetary obligations of Tenant under the Lease and this Addendum other than Base Rent, including Late Fees, which shall be deemed rent for all purposes.
3. OPERATIVE PROVISIONS
3.1 Obligation to Pay Rent Timely
Tenant shall pay Base Rent in full on or before each Due Date. Payment must be received (not merely mailed) by Landlord, or by Landlord’s designated agent, in the manner required under the Lease.
3.2 Assessment of Late Fee
If Tenant fails to deliver full payment of Base Rent before expiration of the Grace Period:
a. Landlord may assess a Late Fee equal to $[FLAT FEE] or [PERCENTAGE]% of Base Rent, whichever is less, provided that in no event shall the Late Fee exceed the Late Fee Cap.
b. The Late Fee shall accrue once per rental period and shall not compound.
[// GUIDANCE: If you select a flat dollar Late Fee, ensure that it never exceeds 5 % of Base Rent through the entire Lease term. A percentage formulation (≤ 5 %) simplifies compliance.]
3.3 Characterization as Additional Rent
Late Fees constitute Additional Rent. Any failure to pay Late Fees when due shall constitute a failure to pay rent under the Lease and trigger the remedies in § 6 below.
3.4 Application of Payments
Unless prohibited by applicable law, Landlord shall apply each payment received from Tenant first to unpaid Late Fees, then to outstanding Additional Rent, and finally to Base Rent, notwithstanding any notation to the contrary on Tenant’s payment instrument.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that the Late Fee structure in this Addendum complies with Nev. Rev. Stat. § 118A.210(4).
4.2 Tenant represents and warrants that Tenant has read and understands this Addendum, has had the opportunity to consult legal counsel, and has voluntarily entered into this Addendum without coercion.
4.3 Survival. The representations and warranties in this § 4 survive the termination or expiration of the Lease to the extent necessary to enforce accrued obligations.
5. COVENANTS & RESTRICTIONS
5.1 Landlord Covenants
a. To comply with all applicable Nevada landlord-tenant laws.
b. To provide a Notice of Late Fee concurrently with assessing any Late Fee.
5.2 Tenant Covenants
a. To tender full Base Rent on or before each Due Date.
b. Not to tender checks or electronic payments that are subsequently dishonored; any such incident shall constitute non-payment of rent.
5.3 Notice Obligations and Cure
Any Party receiving a notice under this Addendum shall have the cure periods provided in § 6.2.
6. DEFAULT & REMEDIES
6.1 Events of Default
Each of the following constitutes an “Event of Default”:
a. Failure to pay Base Rent within the Grace Period;
b. Failure to pay any Late Fee within five (5) calendar days after delivery of a Notice of Late Fee;
c. Any breach of Tenant’s covenants in § 5.2.
6.2 Notice and Cure
Upon an Event of Default, Landlord shall serve the statutory 5-Day Notice to Pay or Quit (or such other notice as may be required by Nevada law). If Tenant fails to cure within the notice period, Landlord may pursue all lawful remedies, including summary eviction.
[// GUIDANCE: Do not shorten the statutory notice period. Local practice in Nevada housing courts requires strict compliance.]
6.3 Graduated Remedies
a. Accrual of additional Late Fees (not exceeding the Late Fee Cap).
b. Termination of the Lease and recovery of possession through eviction.
c. Recovery of all rent, Additional Rent, costs, and reasonable attorney’s fees as provided in § 6.4.
6.4 Attorney’s Fees and Costs
If any action is brought to enforce this Addendum or the Lease, the prevailing Party shall be entitled to reasonable attorney’s fees and costs to the fullest extent permitted by Nev. Rev. Stat. and court rule.
7. RISK ALLOCATION
7.1 Indemnification
The Parties acknowledge that no indemnification provision applies to Late Fees; nothing herein shall be construed to create indemnity obligations not expressly set forth in the Lease.
7.2 Limitation of Liability
Landlord’s recovery of Late Fees is limited to the Late Fee Cap and any actual damages expressly allowed by statute. All other liability limitations in the Lease remain in full force.
7.3 Force Majeure
Neither Party shall be liable for delays or failures to perform owing to events of force majeure; however, Tenant’s obligation to pay Base Rent is expressly excluded from force majeure relief to the maximum extent permitted by law.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Addendum and any dispute arising hereunder shall be governed by the residential landlord-tenant laws of the State of Nevada without regard to conflict-of-law principles.
8.2 Forum Selection
Exclusive jurisdiction and venue shall lie in the [NAME OF COUNTY] County Housing Court of the State of Nevada (or any successor court with subject-matter jurisdiction).
8.3 Arbitration
The Parties expressly exclude arbitration.
8.4 Jury Trial
Nothing herein constitutes a waiver of any constitutional right to a jury trial in actions where such right is otherwise available.
8.5 Injunctive Relief
Nothing in this Addendum limits Landlord’s right to seek injunctive or equitable relief, including but not limited to summary eviction, as allowed by Nevada law.
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. A waiver on one occasion is not a waiver on any subsequent occasion.
9.2 Assignment
Tenant may not assign or sublet any interest in the Lease or this Addendum without Landlord’s prior written consent, except as expressly permitted by Nevada law.
9.3 Notices
All notices under this Addendum must be in writing and delivered in the manner required by the Lease and applicable statute.
9.4 Severability
If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be modified to the minimum extent necessary to render it enforceable.
9.5 Integration
This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties concerning the subject matter and supersedes all prior or contemporaneous oral or written agreements.
9.6 Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are deemed original and binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| ________ | ________ |
| Name: [LANDLORD NAME] | Name: [TENANT NAME] |
| Title (if entity): [TITLE] | |
| Date: _______ | Date: _______ |
[Optional additional signature blocks for multiple tenants or co-landlords]
[// GUIDANCE: Nevada does not require notarization for a residential lease addendum unless specifically requested by a recording office or lender. If notarization is desired, insert an acknowledgment block compliant with NRS Chapter 240.]
Statutory Compliance Note
The Late Fee provisions herein strictly comply with Nev. Rev. Stat. § 118A.210(4): (i) the Late Fee is expressly stated in the rental agreement; (ii) the Late Fee does not exceed five percent (5 %) of the periodic rent; and (iii) the Late Fee is not assessed until rent is more than three (3) days late.
[// GUIDANCE: Review the primary Lease for internal consistency (e.g., notice addresses, attorney-fee clauses, force majeure language). Replace all placeholders before providing this Addendum to the client for signature.]