RESIDENTIAL LEASE ADDENDUM

LATE FEE – STATE OF MAINE

[// GUIDANCE: This stand-alone Addendum is intended to be attached to and incorporated into any residential lease or tenancy-at-will agreement governed by Maine law. It satisfies the written-notice requirement for charging late fees under 14 M.R.S. § 6028. Verify that the underlying lease is otherwise compliant with current Maine landlord–tenant statutes before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. Residential Lease Addendum – Late Fee (the “Addendum”).
1.2 Parties. This Addendum is entered into by and between [LANDLORD LEGAL NAME], (“Landlord”), and [TENANT NAME(S)], (“Tenant”).
1.3 Reference Lease. This Addendum supplements that certain lease or tenancy-at-will agreement dated [DATE OF ORIGINAL LEASE] (the “Lease”) covering the premises commonly known as [RENTAL ADDRESS] (the “Premises”).
1.4 Consideration. In consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.
1.5 Effective Date. This Addendum is effective as of [EFFECTIVE DATE].
1.6 Governing Law & Jurisdiction. This Addendum and the Lease are governed by the residential landlord–tenant laws of the State of Maine, including but not limited to 14 M.R.S. §§ 6001–6030-E.

2. DEFINITIONS

“Grace Period” means the statutorily mandated period commencing on the Rent Due Date and ending fifteen (15) consecutive calendar days thereafter, during which no Late Fee may accrue.
“Late Fee” means the monetary amount assessed for Tenant’s failure to tender Rent in full before expiration of the Grace Period, calculated in accordance with Section 3.2.
“Monthly Rent” has the meaning given in the Lease.
“Rent Due Date” means the [DAY] of each calendar month (or such other due date as set forth in the Lease).

3. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum is hereby incorporated into and made part of the Lease; all capitalized terms not defined herein have the meanings assigned in the Lease.

3.2 Late Fee Authorization & Calculation.
(a) Statutory Cap. Pursuant to 14 M.R.S. § 6028, any Late Fee may not exceed four percent (4 %) of the Monthly Rent.
(b) Fee Formula. Subject to the statutory cap, Tenant shall pay a Late Fee equal to the lesser of:
  (i) 4 % of the Monthly Rent; or
  (ii) $[FLAT-DOLLAR MAX].
[// GUIDANCE: Option (ii) is included for landlords who prefer a fixed amount. The fee automatically defaults to the lower figure to maintain compliance.]

3.3 Grace Period. Landlord shall neither impose nor collect a Late Fee until the sixteenth (16th) day after the Rent Due Date, i.e., after the statutory 15-day Grace Period expires.

3.4 Notice Requirements.
(a) Lease Notice. Execution of this Addendum constitutes the written notice of Late Fee terms required by 14 M.R.S. § 6028(1).
(b) Tenancy-at-Will. For a tenancy-at-will, Landlord must deliver this Addendum at or prior to the time Rent first becomes due.

3.5 Non-Waiver. Assessment or non-assessment of a Late Fee on any occasion shall not waive Landlord’s right to declare a default or exercise any other remedy under the Lease or Maine law.

3.6 Allocation of Payments. Unless otherwise prohibited by law, payments received shall be applied first to outstanding Late Fees, then to any other charges, and finally to Rent.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full legal capacity and authority to execute and deliver this Addendum and to perform hereunder.
4.2 Compliance. Landlord represents that, to the best of Landlord’s knowledge, the Late Fee structure herein complies with all current Maine statutes and regulations.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenant to Pay. Tenant covenants to pay all Late Fees assessed under this Addendum concurrently with the next Rent payment due after assessment, unless Landlord specifies an earlier due date in writing.
5.2 Landlord Covenant. Landlord covenants not to impose any fee, interest, or penalty for late payment of Rent other than as expressly provided herein or as otherwise permitted under Maine law.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any failure by Tenant to (i) pay Late Fees when due, or (ii) pay Rent within the Grace Period constitutes a separate Event of Default under the Lease.
6.2 Notice & Cure. Landlord shall provide any statutory notice required for non-payment of Rent. No additional cure period is required for unpaid Late Fees.
6.3 Remedies. Upon an Event of Default, Landlord may pursue any and all remedies available under the Lease and Maine law, including eviction through the appropriate state housing court.
6.4 Attorneys’ Fees & Costs. Tenant shall reimburse Landlord for reasonable attorneys’ fees and court costs incurred in enforcing this Addendum to the extent permitted by 14 M.R.S. § 6071.

7. RISK ALLOCATION

7.1 Indemnification. No indemnification obligations are imposed by this Addendum.
7.2 Limitation of Liability. Any limitation of liability contained in the Lease applies equally to this Addendum, provided such limitation does not contravene statutory rights or public policy.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum shall be construed in accordance with the laws of the State of Maine.
8.2 Forum Selection. The parties consent to exclusive jurisdiction in the Maine District Court (Housing Division) or any successor housing court having jurisdiction over the Premises.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing herein constitutes a waiver of any constitutional right to a jury trial.
8.5 Injunctive Relief. Landlord’s right to seek injunctive or equitable relief, including but not limited to eviction, is preserved.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties.
9.2 Assignment. Neither party may assign its rights or delegate its obligations under this Addendum except as permitted under the Lease.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, successors, representatives, and permitted assigns.
9.4 Severability. If any provision is held unenforceable, the remainder shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to comply with applicable law.
9.5 Integration. This Addendum and the Lease constitute the entire agreement on Late Fees, superseding any prior or contemporaneous understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures delivered electronically are binding to the same extent as originals.

10. EXECUTION BLOCK

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

[Optional Notary Acknowledgment—use if required by financial institution or local ordinance]

[// GUIDANCE: Retain a fully executed copy of this Addendum with the Lease. Provide Tenant with a duplicate signed copy immediately upon execution to ensure compliance with Maine’s notice requirements.]