**LATE FEE ADDENDUM

to Residential Lease Agreement (Oklahoma)**

[// GUIDANCE: This template is intentionally comprehensive. Counsel should tailor provisions to the specific transaction, confirm all monetary figures, and verify local-ordinance overlay (e.g., Oklahoma City, Tulsa).]

DOCUMENT HEADER

Addendum No. [____]
This Late Fee Addendum (the “Addendum”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, each a “Party” and collectively the “Parties”).

This Addendum supplements and forms an integral part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the premises located at [PROPERTY ADDRESS] (the “Premises”) and is hereby incorporated therein. Capitalized terms used but not defined herein have the meanings ascribed in the Lease.

TABLE OF CONTENTS

I. Definitions
II. Operative Provisions
III. Representations & Warranties
IV. Covenants & Restrictions
V. Default & Remedies
VI. Risk Allocation
VII. Dispute Resolution
VIII. General Provisions
IX. Execution Block

I. DEFINITIONS

“Applicable Law” – The Oklahoma Residential Landlord and Tenant Act, 41 O.S. §§ 101–136, any successor statute, and all other federal, state, and local laws, ordinances, and regulations governing residential tenancies in Oklahoma.

“Due Date” – The calendar day each month on which Monthly Rent is payable under the Lease.

“Grace Period” – The number of days after the Due Date during which no Late Fee accrues, being [GRACE_PERIOD_DAYS] days unless otherwise required by Applicable Law.

“Late Fee” – Any monetary sum assessed pursuant to § II herein for Tenant’s failure to tender Monthly Rent in full on or before expiration of the Grace Period; deemed “additional rent” under the Lease.

“Monthly Rent” – The recurring base rent amount of $[MONTHLY_RENT_AMOUNT] due under the Lease, exclusive of additional rent or other charges.

II. OPERATIVE PROVISIONS

2.1 Imposition of Late Fee.
(a) If Tenant fails to pay Monthly Rent in full on or before expiration of the Grace Period, Tenant shall owe Landlord a Late Fee calculated as follows:
 (i) Flat Amount: $[FLAT_LATE_FEE_AMOUNT]; and/or
 (ii) Percentage: [LATE_FEE_PERCENTAGE]% of Monthly Rent, subject to the cap in § 2.1(b).

(b) Statutory & Reasonableness Cap. Notwithstanding § 2.1(a), the aggregate Late Fee assessed for any single Monthly Rent installment shall not exceed the lesser of:
 (i) [MAX_LATE_FEE_PERCENT] % of Monthly Rent, or
 (ii) $[MAX_LATE_FEE_DOLLAR],
to ensure compliance with the Oklahoma common-law “reasonableness” standard and any local ordinance.
[// GUIDANCE: Oklahoma statutes impose no explicit numerical cap; practitioners customarily use ≤10% or a fixed dollar ceiling. Insert appropriate figures consistent with local market and ordinance.]

(c) Daily Late Fee (Optional). Beginning on the [NTH] day after the initial Late Fee accrues, Tenant shall incur an additional $[DAILY_LATE_FEE] per day until all outstanding rent and Late Fees are paid in full, provided such cumulative charge remains within the cap in § 2.1(b).

2.2 Additional Rent; Application of Payments. Late Fees constitute additional rent. Landlord may apply any payment received from Tenant first to Late Fees, then to accrued charges, and finally to Monthly Rent, notwithstanding any contrary designation by Tenant.

2.3 Written Notice of Default.
(a) Contemporaneously with assessing a Late Fee, Landlord shall deliver written notice demanding payment of all sums due.
(b) If Tenant fails to cure within five (5) days after receipt of such notice, Landlord may commence eviction under 41 O.S. § 131(B).
[// GUIDANCE: The 5-day “pay or quit” notice is mandatory for non-payment in Oklahoma.]

2.4 Nonwaiver. Acceptance of partial payment or failure to enforce any Late Fee shall not waive Landlord’s right to enforce the Lease or this Addendum as to any future breach.

III. REPRESENTATIONS & WARRANTIES

3.1 Mutual Authority. Each Party represents that it has full legal capacity and authority to enter into and perform this Addendum.

3.2 Landlord Compliance. Landlord warrants that the Late Fee structure herein is, to the best of Landlord’s knowledge, compliant with Applicable Law and any relevant municipal ordinance as of the Effective Date.

3.3 Tenant Review. Tenant represents that Tenant has reviewed and understands the Late Fee terms and had the opportunity to consult independent counsel.

3.4 Survival. The representations and warranties in this § III survive termination of the Lease solely with respect to Late Fees accrued during the Lease Term.

IV. COVENANTS & RESTRICTIONS

4.1 Tenant’s Covenants. Tenant shall:
(a) Pay Monthly Rent and any Late Fee on or before the applicable due date(s);
(b) Maintain current contact information for notice delivery; and
(c) Promptly notify Landlord of any dispute regarding assessed Late Fees.

4.2 Landlord’s Covenants. Landlord shall:
(a) Provide Tenant with written accountings of all charges upon request;
(b) Refrain from assessing Late Fees inconsistent with this Addendum or Applicable Law; and
(c) Maintain records evidencing calculation of all Late Fees for at least [RECORD_RETENTION_YEARS] years.

V. DEFAULT & REMEDIES

5.1 Events of Default. Tenant’s failure to pay (i) Monthly Rent on or before expiration of the Grace Period or (ii) any Late Fee within [CURE_PERIOD_DAYS] days after written notice constitutes a default.

5.2 Remedies. Upon default, Landlord may, cumulatively and without election:
(a) Accelerate all sums due and payable;
(b) Terminate the Lease after required statutory notice;
(c) Initiate eviction proceedings seeking possession, rent, Late Fees, and statutory damages; and
(d) Recover reasonable attorneys’ fees and court costs as additional rent.

VI. RISK ALLOCATION

6.1 Indemnification. [INTENTIONALLY OMITTED] – Per metadata, no indemnity obligation is imposed on Tenant for Late Fees.

6.2 Limitation of Liability. Nothing herein shall expand or restrict the Parties’ liability beyond limits permitted under Applicable Law.

6.3 Force Majeure. Late Fees shall not accrue to the extent non-payment of rent results directly from a Force Majeure Event as defined in § [LEASE SECTION REF], provided Tenant gives written notice within [FM_NOTICE_DAYS] days of the event.

VII. DISPUTE RESOLUTION

7.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws of the State of Oklahoma, without regard to conflict-of-laws principles.

7.2 Forum Selection. Exclusive venue lies in the [COUNTY NAME] County District Court (Housing Division) or other court of competent jurisdiction within Oklahoma.

7.3 Arbitration. By metadata specification, arbitration is expressly excluded.

7.4 Jury Trial. Nothing herein constitutes a waiver of either Party’s constitutional right to trial by jury.

7.5 Injunctive Relief. Landlord reserves all statutory eviction and injunctive remedies, which shall be cumulative with any other relief.

VIII. GENERAL PROVISIONS

8.1 Amendment; Waiver. No modification of this Addendum is enforceable unless in a writing signed by both Parties. Waiver of any breach is not waiver of any subsequent breach.

8.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted by the Lease.

8.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, legal representatives, and permitted assigns.

8.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid portion shall be reformed to the minimum extent necessary to render it enforceable.

8.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding Late Fees and supersedes all prior oral or written understandings related thereto.

8.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts (including electronically), each of which constitutes one and the same instrument.

IX. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – include if required by local recording custom]

[// GUIDANCE: Provide Tenant a duplicate original. File this Addendum with the Lease packet. Confirm figures comply with any city-specific rent-control or late-fee ordinance before execution.]