RESIDENTIAL LEASE ADDENDUM
PEST DISCLOSURE, PREVENTION & CONTROL
(Alaska)
I. DOCUMENT HEADER
- Parties. This Pest Disclosure, Prevention & Control Addendum (this “Addendum”) is entered into by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, the “Parties”).
- Premises. The real property and dwelling located at [PREMISES ADDRESS], Alaska (the “Premises”), which is the subject of the Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”).
- Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is incorporated into, and made part of, the Lease.
- Governing Framework. This Addendum is governed by the Alaska Uniform Residential Landlord and Tenant Act, AS 34.03 et seq. (the “Alaska Act”), and other applicable state and local housing codes (collectively, “Applicable Law”).
[// GUIDANCE: Attach this Addendum to every new or renewal residential lease for Alaska properties. Obtain signatures simultaneously with the Lease.]
II. TABLE OF CONTENTS
I. Document Header
II. Table of Contents
III. Definitions
IV. Operative Provisions
V. Representations & Warranties
VI. Covenants & Restrictions
VII. Default & Remedies
VIII. Risk Allocation
IX. Dispute Resolution
X. General Provisions
XI. Execution Block
[// GUIDANCE: Remove Table of Contents if the document management system auto-generates one.]
III. DEFINITIONS
The following terms have the meanings set forth below. Defined terms appear in bold throughout this Addendum.
- Actual Damages – Direct, out-of-pocket losses proved in fact and caused by a breach, exclusive of consequential, incidental, punitive, or exemplary damages.
- Applicable Law – As defined in Section I.4.
- Common Areas – Areas of the Premises controlled by Landlord and accessible to multiple tenants.
- Infestation – The presence of Pests at or above a threshold requiring professional treatment under industry standards.
- Pest Control Professional – A contractor duly licensed under Alaska law to provide pest inspection and treatment services.
- Pests – Bed bugs, cockroaches, rodents, fleas, termites, ants, and any other insects, arachnids, or vermin designated as household pests by the Alaska Department of Environmental Conservation.
- Routine Treatment – Preventive or periodic pest management performed in accordance with manufacturer specifications and industry best practices.
- Treatment Plan – A written schedule of inspection, treatment, tenant preparation, and follow-up procedures issued by a Pest Control Professional.
IV. OPERATIVE PROVISIONS
4.1 PURPOSE. This Addendum allocates responsibility for pest prevention, disclosure, inspection, treatment, and associated costs, supplementing the habitability obligations set forth in AS 34.03.100(a)(2).
4.2 PRE-OCCUPANCY DISCLOSURE.
(a) Landlord certifies that, to Landlord’s actual knowledge, the Premises is free from Infestation as of the Effective Date.
(b) Landlord shall provide Tenant with the most recent pest inspection report, if any, prior to Tenant’s occupancy.
4.3 LANDLORD OBLIGATIONS.
(a) Initial Inspection. Within five (5) days before Tenant’s move-in, Landlord shall cause the Premises to be visually inspected by a qualified Pest Control Professional.
(b) Routine Treatment & Common Areas. Landlord shall perform or cause to be performed Routine Treatment of Common Areas each [FREQUENCY, e.g., quarter].
(c) Remediation. Upon written notice or independent discovery of an Infestation not attributable to Tenant Misconduct (defined below), Landlord shall:
(i) Engage a Pest Control Professional within three (3) business days;
(ii) Provide Tenant with a Treatment Plan; and
(iii) Complete all recommended treatments until the Infestation is declared resolved in writing.
4.4 TENANT OBLIGATIONS.
(a) Cleanliness & Storage. Tenant shall:
(i) Keep the Premises in a clean and sanitary condition;
(ii) Store food in sealed containers; and
(iii) Dispose of garbage promptly.
(b) Access. Tenant shall grant Landlord and the Pest Control Professional reasonable access, with at least twenty-four (24) hours’ notice, to perform inspections and treatments, consistent with AS 34.03.140.
(c) Notice of Suspected Infestation. Tenant shall notify Landlord in writing within forty-eight (48) hours after observing any suspected Pest activity.
(d) Preparation & Cooperation. Tenant shall comply with all preparation instructions included in a Treatment Plan.
(e) Tenant Misconduct. “Tenant Misconduct” means (i) failure to comply with this Section 4.4; (ii) introduction of Pests through personal property; or (iii) willful or negligent acts fostering Infestation.
4.5 COST ALLOCATION.
(a) Landlord shall bear costs for:
(i) Inspections and Routine Treatment; and
(ii) Remediation of Infestations not caused by Tenant Misconduct.
(b) Tenant shall bear costs for:
(i) Remediation where Infestation is the result of Tenant Misconduct; and
(ii) Any re-treatment necessitated by Tenant’s non-compliance with preparation instructions.
4.6 RECORDKEEPING & DISCLOSURE. Landlord shall maintain copies of all pest inspection and treatment records for not less than three (3) years and produce them to Tenant or any governmental authority upon request.
V. REPRESENTATIONS & WARRANTIES
5.1 MUTUAL AUTHORITY. Each Party represents that it has full power and authority to enter into and perform this Addendum.
5.2 LANDLORD WARRANTIES. Landlord warrants that:
(a) The Premises is fit for human habitation and, to Landlord’s knowledge, free from Infestation as of the Effective Date; and
(b) All Pest control products used will be applied in accordance with manufacturer instructions and Applicable Law.
5.3 TENANT WARRANTIES. Tenant warrants that:
(a) Tenant is not moving from a dwelling known or suspected to be infested; and
(b) Personal property introduced to the Premises has been inspected and is free from Pests.
5.4 SURVIVAL. The warranties in this Article V survive the expiration or earlier termination of the Lease by twelve (12) months.
VI. COVENANTS & RESTRICTIONS
6.1 NEGATIVE COVENANTS. Tenant shall not:
(a) Apply pesticides or insecticides without Landlord’s prior written consent;
(b) Obstruct or refuse reasonable access to the Premises for inspection or treatment; or
(c) Introduce used furniture, mattresses, or textiles without prior inspection.
6.2 AFFIRMATIVE COVENANTS. Landlord shall comply with any lawful order issued by a governmental agency concerning Pest control at the Premises.
6.3 NOTICE & CURE PERIODS. Except as otherwise provided herein, the non-breaching Party shall provide written notice of any breach of this Addendum and a seven (7) day opportunity to cure before exercising remedies.
VII. DEFAULT & REMEDIES
7.1 EVENTS OF DEFAULT. The following constitute Events of Default:
(a) Tenant’s failure to grant access or comply with a Treatment Plan;
(b) Tenant’s failure to reimburse Landlord for costs chargeable to Tenant within ten (10) days after invoice;
(c) Landlord’s failure to commence remediation within the time required by Section 4.3(c).
7.2 LANDLORD REMEDIES FOR TENANT DEFAULT. Subject to notice and cure:
(a) Perform required actions on Tenant’s behalf and recover Actual Damages as Additional Rent;
(b) Terminate the Lease pursuant to AS 34.03.220(a)(2); and/or
(c) Seek injunctive relief compelling compliance.
7.3 TENANT REMEDIES FOR LANDLORD DEFAULT. Subject to notice and cure, Tenant may:
(a) Terminate the Lease under AS 34.03.160(a);
(b) Abate rent proportionate to the loss of use, consistent with AS 34.03.180; and/or
(c) Seek injunctive relief to compel Landlord’s performance.
7.4 ATTORNEYS’ FEES. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs, as permitted by AS 34.03.350(b).
VIII. RISK ALLOCATION
8.1 INDEMNIFICATION.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from all claims, losses, and Actual Damages arising from Tenant Misconduct.
(b) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from all claims, losses, and Actual Damages arising from Landlord’s breach of this Addendum or gross negligence.
8.2 LIMITATION OF LIABILITY. To the fullest extent permitted by law, neither Party shall be liable to the other for any consequential, incidental, special, exemplary, or punitive damages; liability is limited to Actual Damages.
8.3 INSURANCE.
(a) Landlord shall maintain property insurance covering the structure.
(b) Tenant is encouraged, but not required, to maintain renters’ insurance covering personal property and relocation expenses.
8.4 FORCE MAJEURE. Neither Party is liable for delay or failure to perform obligations (other than payment of money) due to acts of God, governmental orders, or other events beyond reasonable control; provided performance resumes promptly after cessation.
IX. DISPUTE RESOLUTION
9.1 GOVERNING LAW. This Addendum and any dispute arising hereunder are governed by the laws governing residential landlord-tenant relationships in the State of Alaska, without regard to conflict-of-laws principles.
9.2 FORUM SELECTION. The Parties consent to exclusive jurisdiction in the Housing Court (or, if none exists, the district court exercising housing jurisdiction) located in the judicial district where the Premises is situated.
9.3 ARBITRATION. Arbitration is expressly excluded.
9.4 JURY TRIAL. Nothing in this Addendum constitutes a waiver of either Party’s constitutional right to trial by jury.
9.5 INJUNCTIVE RELIEF. Each Party reserves the right to seek injunctive or equitable relief necessary to protect habitability interests under Applicable Law, notwithstanding any other remedy.
X. GENERAL PROVISIONS
10.1 AMENDMENTS & WAIVERS. No amendment or waiver is effective unless in writing and signed by both Parties. A waiver on one occasion is not a waiver on any future occasion.
10.2 ASSIGNMENT. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, which shall not be unreasonably withheld.
10.3 SUCCESSORS & ASSIGNS. This Addendum binds and benefits the Parties and their respective heirs, successors, and permitted assigns.
10.4 SEVERABILITY. If any provision of this Addendum is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to comply with Applicable Law.
10.5 INTEGRATION. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement regarding Pest control and supersedes all prior discussions.
10.6 COUNTERPARTS; ELECTRONIC SIGNATURES. This Addendum may be executed in counterparts and delivered electronically; every counterpart is deemed an original.
XI. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _____ | _____ |
| Name: [PRINT NAME] | Name: [PRINT NAME] |
| Title/Capacity: [IF ENTITY] | |
| Date: ______ | Date: ______ |
[Optional Notary Acknowledgment – attach if required by local ordinance]
[// GUIDANCE:
1. Review local municipal codes—Anchorage, Fairbanks, and Juneau impose additional pest notification requirements that may need insertion in Section 4.2.
2. Verify the housing court’s correct formal title for the forum selection clause.
3. Confirm that the cost-allocation scheme aligns with any local assistance programs or subsidized housing rules applicable to the Premises.
4. Attach the most recent Pest inspection report before execution to avoid claims of nondisclosure.
]