LATE RENT FEE ADDENDUM
(Washington Residential Tenancy)
I. DOCUMENT HEADER
1. Parties and Context
This Late Rent Fee Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], (“Landlord”), and [TENANT LEGAL NAME(S)], (“Tenant”). Landlord and Tenant are collectively referred to herein as the “Parties.”
2. Incorporation by Reference
The Parties are bound by that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) covering the premises located at [PREMISES ADDRESS], Washington (the “Premises”). This Addendum is incorporated into and made part of the Lease for all purposes.
3. Consideration
The mutual promises herein and in the Lease constitute sufficient consideration.
II. DEFINITIONS
For purposes of this Addendum (capitalized terms not defined herein have the meanings assigned in the Lease):
| Term | Definition |
|---|---|
| “Base Rent” | The monthly rent due under § __ of the Lease, currently $[BASE RENT]. |
| “Due Date” | The calendar day each month on which Base Rent is due, as stated in the Lease (currently the [DAY] day). |
| “Grace Period” | The period beginning on the Due Date and ending five (5) calendar days thereafter, during which no Late Fee may lawfully accrue under Washington law. |
| “Late Fee” | The charge assessed under § 3.2 of this Addendum for Rent unpaid after the Grace Period. |
| “Late Fee Cap” | The lesser of: (a) [DOLLAR AMOUNT]; or (b) [PERCENTAGE]% of the delinquent Base Rent, subject to stricter caps imposed by any applicable local ordinance (e.g., Seattle, Tacoma). |
| “Notice of Late Fee” | Written notice delivered in compliance with § 3.3 specifying the amount of any Late Fee and the date on which it accrues. |
| “Rent” | Base Rent plus any other recurring rent-like charges defined as “rent” under the Washington Residential Landlord-Tenant Act, RCW 59.18 et seq. |
[// GUIDANCE: Adjust the Late Fee Cap placeholders to meet (i) any local rent control or landlord-tenant ordinance, and (ii) the “reasonable fee” standard under RCW 59.18. Most Washington jurisdictions require fees to be reasonable, with Seattle currently limiting Late Fees to the greater of $10.00 or 4 % of monthly Rent.]
III. OPERATIVE PROVISIONS
3.1 Obligation to Pay Rent
Tenant shall pay Rent in full on or before the Due Date, at the place and in the manner prescribed in the Lease.
3.2 Assessment of Late Fee
(a) No Late Fee shall accrue unless the Rent (or any portion thereof) remains unpaid after expiration of the Grace Period.
(b) Upon such occurrence, Tenant shall owe a Late Fee equal to the Late Fee Cap for each delinquent installment of Rent, provided that the aggregate Late Fees for any single month shall never exceed the Late Fee Cap.
(c) Late Fees are deemed additional Rent under the Lease and are subject to all remedies for non-payment of Rent.
3.3 Notice Requirement
Landlord shall provide Tenant with a Notice of Late Fee that:
1. Itemizes the unpaid Rent;
2. States the amount of the Late Fee; and
3. References this Addendum and the governing statutory authority.
Delivery of the Notice of Late Fee shall be made in accordance with the notice provisions of the Lease and in a manner consistent with RCW 59.12 & 59.18.
3.4 Application of Payments
Unless otherwise required by applicable law, payments received shall be applied in the following order:
1. Court costs, attorneys’ fees, and lawful charges incident to enforcement;
2. Past due Late Fees;
3. Past due Rent;
4. Current Rent.
3.5 No Waiver
Failure or delay by Landlord in imposing a Late Fee shall not be deemed a waiver of any subsequent default, Late Fee, or other remedy available under the Lease or Washington law.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that this Addendum complies with all applicable federal, state, and local laws, including but not limited to the Washington Residential Landlord-Tenant Act (RCW 59.18).
4.2 Tenant represents that Tenant has read, understands, and voluntarily agrees to be bound by the terms of this Addendum.
4.3 Each Party warrants that it has full authority to enter into and perform this Addendum.
V. COVENANTS & RESTRICTIONS
5.1 Tenant covenants to timely pay all Rent, Late Fees, and other charges when due.
5.2 Landlord covenants to assess only those Late Fees expressly permitted by this Addendum and applicable law.
5.3 Neither Party shall take any action inconsistent with the terms of this Addendum or the Lease.
VI. DEFAULT & REMEDIES
6.1 Events of Default
Tenant’s failure to pay any Late Fee or Rent when due constitutes a default under the Lease and this Addendum.
6.2 Notice & Cure
Landlord shall provide Tenant with any notice and statutory cure period required under RCW 59.12, RCW 59.18, or any applicable local ordinance (currently a 14-day “Pay-or-Vacate” notice for non-payment).
6.3 Remedies
Upon a default by Tenant:
a. Landlord may pursue graduated remedies, including but not limited to: (i) late-fee accrual, (ii) service of statutory notices, (iii) commencement of an unlawful detainer action, and (iv) recovery of reasonable attorneys’ fees and costs as authorized by the Lease and RCW 59.18.
b. Landlord’s remedies are cumulative and non-exclusive.
VII. RISK ALLOCATION
7.1 Indemnification
[Intentionally Omitted – see Metadata “indemnification: not_applicable.”]
7.2 Limitation of Liability
Nothing in this Addendum permits Late Fees or other charges in excess of amounts permitted by statute or local ordinance. Any provision found to contravene such limits is automatically reformed to the maximum lawful amount.
7.3 Force Majeure
The assessment or accrual of Late Fees shall not be excused due to Force Majeure unless Rent itself is lawfully excused under the Lease or applicable law.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Addendum and the Lease shall be governed by the laws of the State of Washington, without regard to conflict-of-laws principles.
8.2 Forum Selection
Exclusive venue shall lie in the [COUNTY] Superior Court Housing Department (or its successor) having jurisdiction over the Premises, subject to any mandatory jurisdiction of the Washington Housing Courts.
8.3 Arbitration
Excluded. Nothing herein shall compel arbitration of any dispute.
8.4 Jury Trial
Nothing in this Addendum constitutes a waiver of any constitutional right to trial by jury.
8.5 Injunctive Relief
Nothing herein limits either Party’s right to injunctive or equitable relief, including possession or eviction remedies available to Landlord under Washington law.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both Parties.
9.2 Assignment
Tenant may not assign, and Landlord may not transfer, rights or obligations under this Addendum except as permitted under the Lease.
9.3 Successors & Assigns
This Addendum binds and benefits the Parties and their respective successors and permitted assigns.
9.4 Severability
If any provision of this Addendum is held invalid or unenforceable, the remainder shall be given effect to the maximum extent permissible.
9.5 Integration
This Addendum, together with the Lease, constitutes the entire agreement of the Parties with respect to Late Fees and supersedes all prior or contemporaneous understandings.
9.6 Electronic Signatures; Counterparts
This Addendum may be executed in counterparts and delivered electronically, each of which shall be deemed an original and together constitute one instrument.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Late Rent Fee Addendum effective as of the date first written above.
| LANDLORD | TENANT |
|---|---|
| [LANDLORD LEGAL NAME] | [TENANT LEGAL NAME] |
| By: _________ | ______ |
| Name: _______ | |
| Title: ________ | |
| Date: ________ | Date: _______ |
[Optional Notary Acknowledgment – use if required by local recording or for evidentiary purposes.]
PRACTICAL GUIDANCE SUMMARY
[// GUIDANCE:
1. Confirm municipal late-fee caps (e.g., Seattle: max $10 or 4 % of monthly rent).
2. Verify that the Grace Period (5 days) matches current statutory requirements.
3. Insert the specific section of the Lease cross-referenced in § 3.1.
4. Attach updated rent ledgers to any Notice of Late Fee.
5. For properties subsidized under federal programs, additional restrictions may apply.
]