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For example, if a landlord leases an apartment to a tenant for $1000 a month and the lease provides that if a tenant holds over, the tenant must pay $750 per day, then this would be considered a penalty clause and be invalid because the damages for holding over are excessive.
A penalty clause is a clause within a contract that seeks to make the counterparty responsible for paying a large sum of money if they breach the contract. However, this sum of money is usually not proportionate to the loss that will be suffered due to the breach.
Late fee wording on an invoice: interest rate Balances that are unpaid after the payment deadline are subject to a fee of [INTEREST RATE / FLAT RATE] on the owed amount every month, charged [DAILY / WEEKLY] until the balance is paid.
All services provided are invoiced [at the time of completion] and are subject to a [30-day] payment cycle. If payment is not received within those [30 days], any overdue and unpaid balances will be charged [a fixed fee of $25] [interest at a rate of 3% per month, charged daily until the balance is paid].
How to Draft an Enforceable Penalty Clause? Make sure there is a legitimate interest that is proportionate to the enforcement of the main obligation by the innocent party. Consider whether the penalty clause has an actual pre-estimation of loss. ... Avoid making the penalty extravagant or unconscionable.