Late Fee Addendum to Residential Lease Agreement (West Virginia)

[// GUIDANCE: This template is drafted for use with residential tenancies located in West Virginia. Confirm current local ordinances prior to execution.]

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. Title; Parties
   1.1 This Late Fee Addendum to Residential Lease Agreement (the “Addendum”) is entered into by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant”). Landlord and Tenant are each a “Party” and together the “Parties.”

2. Recitals
   2.1 The Parties are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) covering the real property commonly known as [PREMISES ADDRESS] (the “Premises”).
   2.2 The Parties desire to supplement the Lease to provide for the assessment, notice, and collection of late fees in accordance with West Virginia law and the terms herein.
   2.3 For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.

3. Effective Date
   3.1 This Addendum is effective as of [EFFECTIVE DATE] (“Effective Date”).

4. Governing Jurisdiction
   4.1 The Premises are located in the State of West Virginia; the Lease and this Addendum are therefore governed by West Virginia landlord-tenant law.

II. DEFINITIONS

For purposes of this Addendum (capitalized terms not defined herein have the meanings set forth in the Lease):

“Affected Payment” means any installment of Rent not received by Landlord within the Grace Period.

“Grace Period” means the period of [GRACE_PERIOD_DAYS] consecutive calendar days after the Due Date during which Tenant may pay Rent without incurring a Late Fee.

“Late Fee” means the fee assessed on an Affected Payment, calculated in accordance with Section III.

“Notice of Late Fee” means a written notice substantially in the form attached hereto as Exhibit A or otherwise complying with Section V.

“Rent” means the periodic monetary consideration owed by Tenant under the Lease, including any additional rent or other sums defined as “rent” therein.

III. OPERATIVE PROVISIONS

1. Assessment of Late Fee
   1.1 If any Affected Payment remains unpaid at 11:59 p.m. on the last day of the Grace Period, Tenant shall owe Landlord a one-time Late Fee equal to the lesser of:
   (a) [PERCENTAGE_CAP]% of the monthly Rent; or
   (b) $[DOLLAR_CAP].
   1.2 The Late Fee shall be deemed additional rent and is immediately due and payable upon the earlier of (i) Tenant’s next Rent payment or (ii) [LATE_FEE_DUE_DAYS] days after Landlord delivers a Notice of Late Fee.

2. Reasonableness Standard
   2.1 The Parties acknowledge that West Virginia does not establish a statutory maximum late fee; however, any late fee must be reasonable and not constitute a penalty. The Parties agree that the amounts in Section III.1 are reasonable estimates of Landlord’s administrative costs and damages caused by late payment and do not constitute a penalty.

3. Application of Payments
   3.1 Payments received shall be applied in the following order: (a) outstanding Late Fees; (b) outstanding charges other than Rent; and (c) current Rent.

4. Non-Waiver
   4.1 Landlord’s acceptance of partial payment or failure to assess a Late Fee in any one or more instances shall not constitute a waiver of Landlord’s right to strictly enforce this Addendum.

IV. REPRESENTATIONS & WARRANTIES

1. Mutual Authority
   1.1 Each Party represents it has full power and authority to enter into and perform this Addendum and that doing so does not violate any other agreement.

2. Tenant Representation
   2.1 Tenant affirms that Tenant has read, understands, and voluntarily agrees to the Late Fee provisions.

3. Survival
   3.1 The representations and warranties in this Section IV survive expiration or termination of the Lease and this Addendum to the extent necessary to enforce accrued obligations.

V. COVENANTS & RESTRICTIONS

1. Notice Obligations
   1.1 Landlord shall provide Tenant a Notice of Late Fee:
   (a) In writing;
   (b) Delivered by [NOTICE_METHOD: e.g., first-class mail, hand delivery, or email as permitted by Lease]; and
   (c) Within [NOTICE_PERIOD_DAYS] days after the Grace Period expires.
   1.2 Failure to deliver timely Notice of Late Fee does not waive Landlord’s right to collect the Late Fee but tolls the due date until notice is given.

2. Tenant Covenant to Pay
   2.1 Tenant covenants to pay any Late Fee assessed under this Addendum in full and on time.

VI. DEFAULT & REMEDIES

1. Events of Default
   1.1 Any failure to pay an assessed Late Fee when due constitutes a default under the Lease.

2. Cure Period
   2.1 Upon default, Tenant shall have [CURE_PERIOD_DAYS] days after written notice from Landlord to cure by paying all outstanding Late Fees.

3. Remedies
   3.1 If default is not cured within the Cure Period, Landlord may:
   (a) Treat the default as a non-payment of Rent and pursue eviction or possession actions as permitted under West Virginia law;
   (b) Recover reasonable attorney fees and court costs if awarded by statute or court of competent jurisdiction; and
   (c) Exercise any other remedy available under the Lease or applicable law.

4. Graduated Consequences
   4.1 Repeated late payments (more than [THRESHOLD_COUNT] times in a [THRESHOLD_PERIOD]) constitute a material breach subject to termination of the Lease at Landlord’s election.

VII. RISK ALLOCATION

[// GUIDANCE: The metadata specifies “indemnification: not_applicable” and “liability caps: statutory_limits.” Therefore no additional risk-allocation language is inserted beyond what appears in the Lease.]

VIII. DISPUTE RESOLUTION

1. Governing Law
   1.1 This Addendum is governed by, and construed in accordance with, the laws of the State of West Virginia, without regard to conflict-of-law rules.

2. Forum Selection
   2.1 Any action arising out of this Addendum shall be brought exclusively in the [NAME OF COUNTY] Housing Court or other court of competent jurisdiction situated in the county where the Premises are located.

3. Arbitration
   3.1 The Parties expressly agree that arbitration is excluded.

4. Jury Trial
   4.1 Nothing herein constitutes a waiver of any constitutional right to a jury trial.

5. Injunctive Relief
   5.1 Landlord’s right to seek eviction or other injunctive relief remains fully preserved.

IX. GENERAL PROVISIONS

1. Amendment and Waiver
   1.1 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 subsequent occasions.

2. Integration
   2.1 This Addendum, together with the Lease, constitutes the entire agreement regarding Late Fees. All prior or contemporaneous oral or written statements are merged herein.

3. Severability
   3.1 If any provision of this Addendum is held invalid, the remaining provisions shall remain in full force to the extent permitted by law, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

4. Successors and Assigns
   4.1 This Addendum is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.

5. Electronic Signatures
   5.1 Electronic signatures and counterparts transmitted by facsimile, PDF, or other electronic means are deemed originals and are enforceable.

X. EXECUTION BLOCK

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

[// GUIDANCE: Notarization is not typically required for a late fee addendum in WV, but add if local practice or lender requirements dictate.]

Exhibit A – Form of Notice of Late Fee

[To be placed on Landlord letterhead]

Date: _____

To: [Tenant Name(s)]
Premises: [Premises Address]

Re: Notice of Late Fee

Dear Tenant:

This Notice is provided pursuant to Section V of the Late Fee Addendum to your Residential Lease Agreement. As of the date above, your Rent payment due on _ has not been received. Pursuant to the Addendum, a Late Fee of $__ is now due and payable no later than __.

Please remit payment to:
[Payment Address / Portal Information]

If you have already made this payment, please disregard this Notice.

Sincerely,

[Landlord Name / Authorized Agent]

[// GUIDANCE: Prior to execution, update all bracketed placeholders, double-check Lease cross-references, and verify compliance with any county or municipal rent-control or consumer-protection ordinances.]