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RESIDENTIAL LEASE ADDENDUM

(Late Fee – Wyoming)

[// GUIDANCE: This template is intended to be attached to and incorporated into a master Residential Lease Agreement covering a Dwelling Unit located in the State of Wyoming. Verify all bracketed information and conform defined terms to the underlying Lease before execution.]


THIS LATE FEE ADDENDUM (this “Addendum”) is made and entered into effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

  1. [LANDLORD LEGAL NAME], a [state & entity type], having its principal place of business at [address] (“Landlord”); and
  2. [TENANT FULL LEGAL NAME], residing at the Premises described below (“Tenant,” and together with Landlord, the “Parties,” and each, a “Party”).

This Addendum is incorporated by reference into that certain Residential Lease Agreement dated [Lease Date] (the “Lease”) concerning the residential real property commonly known as [Street Address, City, County, Wyoming ZIP] (the “Premises”).


TABLE OF CONTENTS

I. Recitals
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. RECITALS

A. Landlord and Tenant are parties to the Lease and desire to supplement the Lease to clarify the assessment, notice, and collection of Late Fees (as defined below).
B. Pursuant to the Lease and applicable Wyoming law, timely payment of Rent is a material obligation of Tenant.
C. The Parties therefore agree to the terms set forth herein in consideration of the mutual promises contained in this Addendum and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.


II. DEFINITIONS

For purposes of this Addendum (capitalized terms not otherwise defined have the meanings ascribed in the Lease):

  1. “Grace Period” means the period commencing on the Rent Due Date and expiring at 11:59 p.m. Mountain Time on the [number]th calendar day thereafter.
  2. “Late Fee” means the monetary charge imposed by Landlord for Tenant’s failure to remit Rent within the Grace Period, calculated in accordance with Section III.B.
  3. “Rent Due Date” means the first (1st) calendar day of each month, unless another fixed due date is stated in the Lease.
  4. “Residential Purpose” has the meaning set forth in the Lease.
  5. “Statutory Limits” means any non-waivable caps or restrictions on late charges that are now or hereafter imposed by Wyoming law or local ordinance.

III. OPERATIVE PROVISIONS

A. Grace Period
1. Landlord shall not assess a Late Fee unless the full installment of Rent remains unpaid after the expiration of the Grace Period.
2. Acceptance of partial Rent during the Grace Period shall not extend or restart the Grace Period.

B. Late Fee Structure
1. Amount. The Late Fee shall be the lesser of:
a. [DOLLAR AMOUNT]; or
b. [PERCENTAGE]% of the outstanding monthly Rent installment;
in each case subject to Statutory Limits.
2. One-Time Charge. The Late Fee is a one-time charge per delinquent Rent installment and shall not accrue interest; however, unpaid Late Fees constitute Additional Rent under the Lease.
3. No Penalty Intent. The Parties stipulate that the Late Fee represents a reasonable estimate of Landlord’s administrative costs incident to late payment and is not a penalty.

C. Notice Requirements
1. Written Notice. Landlord shall deliver to Tenant a written “Notice of Late Fee Assessment” specifying: (i) the amount of unpaid Rent; (ii) the Late Fee amount; (iii) the date assessed; and (iv) the total balance due.
2. Service. Notice shall be served in the manner prescribed in the Lease for notices, or by any method permitted under Wyoming law that provides actual or constructive notice.
3. Separate From Eviction Notice. This Notice is distinct from, and does not satisfy, any statutory notice prerequisite to commence eviction proceedings.

D. Application of Payments
Payments received after a Late Fee is assessed shall be applied in the following order: (i) outstanding Late Fees; (ii) accrued charges (if any); (iii) past-due Rent; (iv) current Rent.

E. No Waiver
Landlord’s failure to enforce any Late Fee on one or more occasions shall not constitute a continuing waiver or modification of Landlord’s right to enforce Late Fees thereafter.


IV. REPRESENTATIONS & WARRANTIES

  1. Mutual Authority. Each Party represents that it has full legal right, power, and authority to execute and deliver this Addendum and to perform its obligations hereunder.
  2. Tenant’s Review. Tenant acknowledges that Tenant has had the opportunity to consult independent counsel regarding this Addendum and enters into it voluntarily.

V. COVENANTS & RESTRICTIONS

  1. Tenant Covenants
    a. Tenant shall pay all Late Fees assessed under this Addendum without setoff or counterclaim.
    b. Tenant shall promptly notify Landlord of any dispute regarding the calculation of a Late Fee within [five (5)] business days of receipt of the Notice of Late Fee Assessment.
  2. Landlord Covenants
    Landlord shall not assess any Late Fee inconsistent with Statutory Limits or this Addendum.

VI. DEFAULT & REMEDIES

  1. Event of Monetary Default. Tenant’s failure to pay any assessed Late Fee within [number] calendar days after written demand constitutes an independent monetary default under the Lease.
  2. Cure Period. Upon such default, Landlord shall deliver a written notice of default providing Tenant [three (3)] days to cure (or such longer period as may be mandated by Wyoming law).
  3. Graduated Remedies. If Tenant fails to cure, Landlord may (i) apply any security deposit toward unpaid Late Fees; (ii) pursue all remedies for non-payment of Rent under the Lease; and (iii) initiate eviction proceedings consistent with Wyoming forcible entry and detainer statutes.
  4. Attorney Fees. If Landlord prevails in enforcement, Tenant shall pay reasonable attorney fees and costs as Additional Rent.

VII. RISK ALLOCATION

[// GUIDANCE: Per metadata, indemnification is not applicable; limitation of liability is controlled by statutory limits.]

  1. Limitation of Liability. Nothing in this Addendum shall be construed to expand or restrict either Party’s liability beyond the limitations, immunities, or defenses afforded by applicable Wyoming law.
  2. Insurance. No additional insurance requirements are imposed by this Addendum.

VIII. DISPUTE RESOLUTION

  1. Governing Law. This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflicts-of-law principles.
  2. Forum Selection. The Parties submit to the exclusive jurisdiction of the state court having subject-matter jurisdiction over residential landlord-tenant matters in the county where the Premises are located (the “Housing Court”).
  3. Arbitration Excluded. The Parties expressly decline to submit disputes to arbitration.
  4. Jury Trial. Nothing herein shall be construed as a waiver of either Party’s constitutional right to a trial by jury.
  5. Injunctive Relief Reserved. Landlord’s pursuit of eviction or other injunctive remedies is preserved notwithstanding any other provision of this Addendum or the Lease.

IX. GENERAL PROVISIONS

  1. Amendment; No Oral Waiver. This Addendum may be amended or waived only by a written instrument signed by both Parties.
  2. Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding Late Fees and supersedes all prior discussions or understandings.
  3. Severability. If any provision is held invalid or unenforceable, the remainder shall be enforced to the fullest extent permitted.
  4. Successors & Assigns. This Addendum is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns.
  5. Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (including by PDF) shall be deemed originals for all purposes.

X. EXECUTION BLOCK

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

LANDLORD:


[LANDLORD LEGAL NAME]
By: _____
Name:
___
Title: ____
Date:
___

TENANT:


[TENANT FULL LEGAL NAME]
Date: ________

[NOTARY ACKNOWLEDGMENT – attach if required by local county recorder or if notarization is advisable for evidentiary purposes.]


[// GUIDANCE:
1. Verify local city or county ordinances for any additional late-fee caps or notice requirements that supplement Wyoming state law.
2. Confirm the Grace Period and fee amounts inserted in Section III reflect client instructions and do not exceed “reasonable” thresholds (generally ≤10% of monthly Rent).
3. If the underlying Lease contains contradictory late-fee language, reconcile or delete that language to avoid ambiguity.
4. Preserve a clean version for execution and a redline against any prior late-fee provisions for the client’s file.]

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