RESIDENTIAL LEASE ADDENDUM
LATE FEE TERMS – STATE OF NEW YORK
[// GUIDANCE: This Addendum is intended for attachment to a pre-existing residential lease agreement (the “Lease”). It amends and supplements the Lease solely with respect to late-payment charges. Insert the Addendum immediately after the signature page of the Lease or in the position prescribed by local practice.]
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
Landlord: [LANDLORD LEGAL NAME], a [STATE OF FORMATION] [TYPE OF ENTITY]
Tenant(s): [TENANT LEGAL NAME(S)]
Premises: [PREMISES STREET ADDRESS, CITY, STATE, ZIP]
Effective Date: [EFFECTIVE DATE] (the “Effective Date”)
Governing Law: The substantive landlord-tenant law of the State of New York
Recitals:
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”).
B. The parties desire to establish clear terms governing late payment of Rent (as defined in the Lease) in accordance with New York law, including N.Y. Real Prop. Law § 238-a (McKinney).
C. 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, the following capitalized terms have the meanings set forth below. Capitalized terms not defined herein have the meanings ascribed in the Lease.
“Business Day” – Any day other than Saturday, Sunday, or a legal holiday in the State of New York.
“Grace Period” – The period beginning on the day Rent is due under the Lease and ending at 11:59 p.m. local time on the fifth (5th) calendar day thereafter.
“Late Fee” – The charge imposed by Landlord for Rent received after expiration of the Grace Period, calculated in strict compliance with Section 3.2.
“Notice of Late Rent” – Written notice delivered by Landlord to Tenant after expiration of the Grace Period stating the amount of unpaid Rent and any applicable Late Fee.
“Rent” – The consideration defined as “Rent” or “Base Rent” in the Lease, exclusive of security deposit, utilities, or other additional charges.
3. OPERATIVE PROVISIONS
3.1 Obligation to Pay Rent Timely
Tenant shall pay all Rent on or before the due date specified in the Lease without deduction, offset, or demand, subject to the Grace Period.
3.2 Calculation of Late Fee
If all or any portion of Rent remains unpaid after the Grace Period expires, Tenant shall owe Landlord a Late Fee equal to the lesser of:
a. Fifty Dollars (USD $50.00); or
b. Five percent (5%) of the monthly Rent.
Under no circumstances shall the Late Fee exceed the limit established by N.Y. Real Prop. Law § 238-a, as may be amended solely to reduce (but not increase) the cap.
3.3 One-Time Charge; No Interest Accrual
The Late Fee is a one-time liquidated charge intended to compensate Landlord for administrative costs reasonably related to late payment. The Late Fee shall not compound, bear interest, or create recurring charges.
3.4 Written Notice Requirement
Landlord shall deliver a Notice of Late Rent to Tenant after the Grace Period and before assessing the Late Fee. The Notice of Late Rent may accompany or be combined with statutorily required five-day or fourteen-day rent demand notices, provided the combined notice clearly itemizes the Late Fee.
3.5 Method of Payment
Tenant shall pay any Late Fee simultaneously with the overdue Rent, using the same payment method(s) permitted for Rent under the Lease.
3.6 No Waiver
Acceptance of Rent with or without the Late Fee, or failure to assess a Late Fee on any occasion, shall not constitute a waiver of Landlord’s right to enforce this Addendum in the future.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority
Each party represents that it has full right, power, and authority to execute and deliver this Addendum and to perform its obligations hereunder.
4.2 Compliance Representation by Landlord
Landlord represents that the Late Fee structure herein complies with all applicable federal, state, and local laws, regulations, and rent stabilization rules as of the Effective Date.
4.3 Tenant Acknowledgment
Tenant acknowledges receipt of this Addendum prior to execution and affirms understanding of the Late Fee provisions.
[// GUIDANCE: Additional representations may be inserted if the property is subject to rent stabilization or other regulatory programs.]
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants
a. Tenant shall pay all Late Fees assessed pursuant to Section 3.2.
b. Tenant shall not assert the Late Fee as a defense or counterclaim in any proceeding for nonpayment of Rent, except to contest mathematical accuracy or statutory compliance.
5.2 Landlord Covenants
a. Landlord shall not commence a nonpayment proceeding or seek eviction based solely on Tenant’s failure to pay the Late Fee, separate from unpaid Rent.
b. Landlord shall credit any partial payment first to Rent, then to Late Fees, unless otherwise required by law.
6. DEFAULT & REMEDIES
6.1 Events of Default
Failure by Tenant to pay (i) Rent within the Grace Period, or (ii) the Late Fee within ten (10) days after written demand, constitutes an Event of Default under the Lease and this Addendum.
6.2 Landlord Remedies
Upon an Event of Default, Landlord may exercise any and all remedies available under the Lease, including summary eviction proceedings in the Housing Part of the Civil Court of the City of New York or the appropriate local housing court (collectively, the “Housing Court”).
6.3 Attorney Fees and Costs
If the Lease provides for prevailing-party attorney fees, such provision applies equally to enforcement of this Addendum.
7. RISK ALLOCATION
7.1 Indemnification
[NOT APPLICABLE per metadata.]
7.2 Limitation of Liability
Nothing in this Addendum shall impose liability on Tenant beyond statutory limits or relieve Landlord from obligations imposed by applicable law.
7.3 Force Majeure
The parties’ obligations concerning Rent due dates shall not be excused by force majeure events, except as expressly provided by New York law or governmental order.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Addendum and all disputes arising hereunder shall be governed by the laws of the State of New York, without regard to its conflict-of-law principles.
8.2 Forum Selection
Exclusive jurisdiction and venue reside in the Housing Court having territorial jurisdiction over the Premises. The parties consent to personal jurisdiction and waive any objections to inconvenient forum.
8.3 Arbitration Excluded
The parties expressly opt out of arbitration; all disputes shall be resolved in the Housing Court or other court of competent jurisdiction.
8.4 Jury Trial
Nothing herein shall be construed to waive the constitutional right to a trial by jury where such right is applicable and not otherwise waived in the Lease.
8.5 Injunctive or Equitable Relief
Landlord retains the right to seek injunctive or equitable relief, including but not limited to warrants of eviction, as permitted by New York law.
9. GENERAL PROVISIONS
9.1 Integration
This Addendum, together with the Lease and any prior written amendments, constitutes the entire agreement regarding Late Fees. No oral statements shall modify its terms.
9.2 Amendment and Waiver
No amendment or waiver of any term of this Addendum is effective unless in a writing signed by both parties. Waiver of any breach shall not constitute waiver of any other or subsequent breach.
9.3 Severability
If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to fulfill the parties’ intent to the greatest lawful extent.
9.4 Successors and Assigns
This Addendum binds and inures to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.
9.5 Electronic Signatures
Signatures executed via electronic means (e.g., DocuSign, PDF) shall be deemed original and enforceable.
9.6 Counterparts
This Addendum may be executed in one or more counterparts, each of which is deemed an original, and all of which together constitute one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Late Fee Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _____ | _____ |
| [LANDLORD LEGAL NAME] | [TENANT LEGAL NAME] |
| By: _______ | Signature: _______ |
| Name: _____ | Name: ______ |
| Title: ____ | Date: ______ |
| Date: _____ |
[Optional Notary Acknowledgment – attach if required by local practice.]
[// GUIDANCE:
1. Review the underlying Lease to ensure consistency of defined terms (e.g., “Rent,” “Lease Term”).
2. If the premises are subject to rent stabilization or Section 8, verify program-specific late-fee restrictions; modify Section 3.2 accordingly.
3. Provide Tenant with a fully executed copy immediately upon signature to comply with NY GOL and RPL delivery requirements.]