LATE FEE ADDENDUM
TO RESIDENTIAL LEASE AGREEMENT
(State of Rhode Island)
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
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], having its principal address at [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME(S)], residing at [PREMISES ADDRESS] (“Tenant,” and together with Landlord, the “Parties”).
RECITALS
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”), covering the residential premises commonly known as [PREMISES ADDRESS] (the “Premises”).
B. The Parties desire to supplement the Lease to provide for late‐payment grace periods, capped late fees, and related notice procedures in strict compliance with applicable Rhode Island residential landlord-tenant law.
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 terms shall have the meanings set forth below. Any capitalized term used but not defined herein shall have the meaning assigned in the Lease.
“Grace Period” means the fifteen (15) calendar-day period commencing on the day immediately following the Rent Due Date.
“Late Fee” means the monetary charge assessed by Landlord pursuant to Section 3.2 as liquidated damages for Tenant’s failure to pay Rent within the Grace Period.
“Rent” means the periodic rent payable under the Lease, excluding any other fees or charges.
“Rent Due Date” means the [DAY] of each calendar month (or such other due date as the Lease specifies).
3. OPERATIVE PROVISIONS
3.1 Grace Period.
Tenant shall be entitled to the statutory Grace Period before any Late Fee may accrue. No Late Fee shall be assessed or collected on Rent that is paid in full on or before the expiration of the Grace Period.
3.2 Late Fee; Cap.
If Tenant fails to pay Rent in full before the end of the Grace Period, Tenant shall owe Landlord a Late Fee equal to the lesser of:
(a) five percent (5%) of the outstanding monthly Rent; or
(b) $[MAX DOLLAR AMOUNT OR “N/A”], if Landlord elects to impose a lower cap.
In no event shall the cumulative Late Fee for any single month exceed the foregoing cap.
3.3 Notice of Late Fee.
(a) Written Notice Requirement. Landlord shall provide Tenant with written notice of (i) the amount of unpaid Rent, (ii) the amount of the Late Fee, and (iii) the date on which such Late Fee begins to accrue.
(b) Delivery Method. Notice shall be delivered in accordance with the notice provisions of the Lease and applicable Rhode Island law.
3.4 Application of Payments.
Unless otherwise required by law, any payment received from Tenant shall be applied first to outstanding Rent, then to Late Fees, and finally to any other charge permitted by the Lease.
3.5 No Waiver.
Landlord’s acceptance of partial Rent, with or without a Late Fee, shall not waive Landlord’s right to collect any remaining balance, nor constitute a waiver of any subsequent default.
[// GUIDANCE: Section 3 should be cross-referenced in the Lease’s payment clause to avoid inconsistent remedies.]
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each Party represents that it has full right, power, and authority to enter into and perform this Addendum.
4.2 Compliance with Law. Landlord represents that the Late Fee structure herein complies with all applicable Rhode Island landlord-tenant statutes, regulations, and public policy requirements as of the Effective Date.
4.3 Survival. The representations and warranties in this Section 4 shall survive the termination or expiration of the Lease to the extent necessary to enforce accrued rights.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenant. Tenant shall timely pay Rent and any properly assessed Late Fee in lawful U.S. currency in accordance with the Lease and this Addendum.
5.2 Landlord Covenant. Landlord shall not impose, collect, or attempt to collect any late payment charge in excess of, or earlier than permitted by, Section 3.
5.3 Notice Obligations. Each Party shall give all notices and disclosures required under this Addendum and Rhode Island law.
6. DEFAULT & REMEDIES
6.1 Event of Monetary Default. Tenant’s failure to pay Rent and any Late Fee within the cure period (if any) specified in the Lease after written notice constitutes a material default.
6.2 Remedies. Upon a monetary default, Landlord may exercise any remedy permitted under the Lease or applicable law, including but not limited to:
(a) assessment of the Late Fee;
(b) commencement of eviction proceedings in the [STATE HOUSING COURT]; and
(c) recovery of reasonable attorneys’ fees and court costs as allowed by law.
6.3 Cumulative Remedies. All remedies are cumulative and may be pursued concurrently or consecutively.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable per the Parties’ agreement.
7.2 Limitation of Liability. Nothing in this Addendum shall expand or reduce any liability limitation set forth in the Lease or applicable statute.
7.3 Force Majeure. Late Fees shall not accrue during any period in which Rent is lawfully withheld or abated due to force majeure, governmental order, or condition rendering the Premises uninhabitable, as determined under Rhode Island law.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any disputes hereunder shall be governed by the laws of the State of Rhode Island, without regard to conflict-of-laws principles.
8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the state housing court or other court of competent jurisdiction located in [COUNTY], Rhode Island.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Waiver. To the fullest extent permitted by law, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO TRIAL BY JURY in any action arising out of or related to this Addendum.
8.5 Injunctive Relief. Nothing herein shall limit Landlord’s right to seek injunctive or equitable relief, including eviction-related remedies.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless in a written instrument executed by both Parties. A waiver on one occasion shall not be deemed a waiver on any future occasion.
9.2 Assignment. This Addendum shall not be assigned by Tenant without Landlord’s prior written consent, except as otherwise permitted in the Lease.
9.3 Successors & Assigns. This Addendum shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.
9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements relating to such subject matter.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts (including by electronic signature), each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Late Fee Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ______
Name: [PRINTED NAME]
Title: [TITLE, if applicable]
Date: __________
TENANT(S):
[TENANT NAME]
Date: __________
[TENANT NAME]
Date: __________
[// GUIDANCE: Notarization and witness signatures are not generally required for a lease addendum in Rhode Island, but practitioners should confirm any local recording or housing authority requirements.]