LATE FEE ADDENDUM

to Residential Lease Agreement – State of Wisconsin

[// GUIDANCE: This template is deliberately expansive to satisfy the “Required Document Architecture.” Practitioners should tailor or omit any provisions that are unnecessary for a simple late-fee addendum, while preserving section numbering continuity.]

TABLE OF CONTENTS

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

I. DOCUMENT HEADER

1.1 Title. Late Fee Addendum to Residential Lease Agreement (the “Addendum”).

1.2 Parties.
a. Landlord: [LEGAL NAME OF LANDLORD], a [STATE] [ENTITY TYPE], whose notice address is [ADDRESS] (“Landlord”).
b. Tenant: [LEGAL NAME(S) OF TENANT(S)], whose notice address is [ADDRESS] (“Tenant”).

1.3 Recitals.
a. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) concerning the premises located at [ADDRESS] (the “Premises”).
b. The parties desire to supplement the Lease to address late-payment charges in accordance with Wisconsin 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.

1.4 Effective Date. This Addendum is effective as of [DATE] (the “Effective Date”) and is incorporated into the Lease as if fully set forth therein.

1.5 Governing Law & Jurisdiction. This Addendum is governed by the residential landlord-tenant laws of the State of Wisconsin. Venue for any action relating to this Addendum shall lie exclusively in the state housing court (or other court of competent jurisdiction) located in the county where the Premises are situated.

II. DEFINITIONS

For purposes of this Addendum (capitalized terms not defined below retain the meanings assigned in the Lease):

“Business Day” – Any day other than a Saturday, Sunday, or federal holiday.
“Due Date” – The date Rent is contractually due under Section [___] of the Lease.
“Grace Period” – The period commencing on the day after the Due Date and expiring at 11:59 p.m. local time on the [NUMBER]th calendar day thereafter.
“Late Fee” – The charge assessed pursuant to Section 3.2 when Rent remains unpaid after expiration of the Grace Period.
“Late Fee Cap” – The maximum Late Fee permitted under Section 3.3.
“Notice of Late Fee” – Written notice delivered to Tenant in accordance with Section 5.1.
“Rent” – The recurring payment owed by Tenant under the Lease for possession of the Premises, exclusive of ancillary charges.

III. OPERATIVE PROVISIONS

3.1 Grace Period. Landlord shall not impose a Late Fee unless the full amount of Rent remains unpaid after expiration of the Grace Period.

3.2 Late Fee Assessment. a. If Rent remains unpaid after the Grace Period, Tenant shall owe a Late Fee in the amount of [FLAT DOLLAR AMOUNT] or [PERCENTAGE]% of the overdue Rent, whichever is greater, subject to the Late Fee Cap.
b. The Late Fee accrues once per rental period and is not compounded.

3.3 Statutory & Contractual Caps. The Late Fee shall in no event exceed (i) Five Percent (5%) of the monthly Rent, or (ii) Twenty Dollars ($20.00), whichever is greater (the “Late Fee Cap”), or such lower amount as may be mandated by applicable municipal ordinance.

3.4 Reasonableness Standard. The parties acknowledge that Wisconsin law requires late fees to be reasonable in relation to Landlord’s anticipated expenses and losses due to late payment. The Late Fee established herein is intended to comply with that standard.

3.5 Application of Payments. Payments received shall be applied first to outstanding Late Fees, then to accrued Rent, and finally to any other sums due under the Lease, unless prohibited by law.

3.6 No Waiver. Acceptance of Rent or a Late Fee after default shall not constitute a waiver of Landlord’s right to enforce the Lease or this Addendum.

3.7 Conflict. If any provision of this Addendum conflicts with the Lease, the terms of this Addendum control with respect to late-payment matters only.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full power and authority to execute and deliver this Addendum and to perform its obligations hereunder.

4.2 Accuracy of Information. Tenant represents that all identifying information provided to Landlord (including mailing address and electronic contact details) is complete and accurate as of the Effective Date.

4.3 Compliance. Landlord represents that, to the best of Landlord’s knowledge, the Late Fee structure in this Addendum is compliant with all applicable Wisconsin statutes, administrative rules, and municipal ordinances as of the Effective Date.

4.4 Survival. The representations and warranties in this Section survive execution of this Addendum and any termination of the Lease.

V. COVENANTS & RESTRICTIONS

5.1 Notice Obligation. Landlord shall deliver a Notice of Late Fee to Tenant specifying the amount due, the calculation method, and the date assessed. Delivery may be by any method authorized under the Lease or Wisconsin law.

5.2 Tenant’s Covenant to Pay. Tenant covenants to pay any Late Fee within [NUMBER] Business Days after receipt of the Notice of Late Fee. Failure to do so constitutes a separate default.

5.3 Municipal Compliance. Landlord covenants to monitor and comply with any municipal ordinance that imposes stricter caps or grace-period requirements than those set forth herein and to adjust the Late Fee accordingly without further action by Tenant.

VI. DEFAULT & REMEDIES

6.1 Events of Default. In addition to any Events of Default enumerated in the Lease, the following constitutes a default under the Lease and this Addendum:
a. Failure to pay Rent within the Grace Period;
b. Failure to pay an assessed Late Fee within the cure period specified in Section 5.2.

6.2 Notice & Cure. Upon default, Landlord shall deliver written notice consistent with Wisconsin law (e.g., a 5-day notice to pay or vacate for non-payment). If Tenant cures within the statutory period, Landlord’s remedies are limited to collection of Rent, Late Fees, and permitted costs.

6.3 Graduated Remedies. If Tenant fails to cure:
a. Landlord may commence eviction proceedings and seek possession of the Premises;
b. Landlord may recover unpaid Rent, Late Fees, court costs, and reasonable attorney fees if allowed by law;
c. Landlord may pursue any other remedies available at law or in equity, subject to statutory limitations.

VII. RISK ALLOCATION

7.1 Indemnification. Not applicable as per Metadata; no party is obligated to indemnify the other under this Addendum.

7.2 Limitation of Liability. Any liability of Landlord or Tenant arising under or related to this Addendum shall be limited to the extent permitted by Wisconsin law. Nothing herein waives or limits either party’s obligations under the Lease or applicable statutes.

7.3 Force Majeure. Neither party shall be liable for failure to perform obligations hereunder (other than payment of monetary sums) where such failure is caused by events beyond the party’s reasonable control, including acts of God, war, pandemic, or governmental order.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. Wisconsin substantive law governs all disputes arising under this Addendum.

8.2 Forum Selection. Exclusive venue lies in the state housing court (or other court of competent jurisdiction) in the county where the Premises are located.

8.3 Arbitration Excluded. The parties expressly opt out of arbitration for any dispute arising under this Addendum.

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 Landlord’s right to seek injunctive or equitable relief, including eviction, as permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.

9.2 Assignment. Tenant may not assign, sublet, or otherwise transfer any interest in the Lease or this Addendum without Landlord’s prior written consent, except as otherwise provided by law.

9.3 Successors & Assigns. This Addendum binds and inures to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.4 Severability. If any provision of this Addendum is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to render it enforceable while preserving the parties’ intent.

9.5 Integration. This Addendum and the Lease constitute the entire agreement between the parties with respect to late-payment matters and supersede all prior or contemporaneous understandings on that subject.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered electronically (e.g., via PDF or e-signature platform) are binding to the same extent as original ink signatures.

X. EXECUTION BLOCK

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

[OPTIONAL NOTARY ACKNOWLEDGMENT – add if required by local ordinance or desired for evidentiary purposes.]

[// GUIDANCE:
1. Verify municipal codes (e.g., City of Madison) that may impose stricter late-fee caps or mandatory grace periods.
2. Insert concrete figures for Late Fee and Grace Period only after confirming compliance with local requirements and the “reasonableness” standard under Wisconsin administrative rules.
3. Remove any boilerplate section that is duplicative of the Lease or unnecessary for client objectives, ensuring that cross-references are updated accordingly.
4. Provide tenants with a contemporaneous copy of this fully executed Addendum and retain proof of delivery.
]