RESIDENTIAL LEASE ADDENDUM
Pest Control Disclosure & Allocation of Responsibilities
State of Alabama
[// GUIDANCE: This Addendum is intended for attachment to a residential lease governed by the Alabama Residential Landlord and Tenant Act, Ala. Code §§ 35-9A-101 et seq. Attach behind the signature page of the primary lease, reference it in the lease’s list of addenda, and circulate one fully-executed copy to each Party.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Landlord Obligations
3.2 Tenant Obligations
3.3 Treatment Procedures
3.4 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Residential Lease Addendum – Pest Control Disclosure & Allocation of Responsibilities (this “Addendum”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [STATE OF FORMATION] [TYPE OF ENTITY / INDIVIDUAL] (“Landlord”); and
• [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”).
This Addendum is incorporated into and forms a part of that certain Residential Lease Agreement dated [PRIMARY LEASE DATE] (the “Lease”) covering the residential premises located at [PROPERTY ADDRESS] (the “Premises”).
2. DEFINITIONS
For purposes of this Addendum, capitalized terms not otherwise defined herein have the meanings ascribed in the Lease. The following additional definitions apply:
“Applicable Law” – Collectively, the Alabama Residential Landlord and Tenant Act (Ala. Code §§ 35-9A-101 et seq.) and all municipal, county, state, and federal statutes, regulations, and ordinances governing habitability, pest management, and residential housing.
“Covered Pest” – Any insect, rodent, arachnid, or other vermin commonly recognized as detrimental to residential habitability, including without limitation cockroaches, ants, bed bugs, termites, fleas, ticks, mice, rats, spiders, and wasps.
“Corrective Action” – Any inspection, treatment, remediation, abatement, repair, cleaning, disposal, or preventive measure reasonably necessary to eliminate or prevent Covered Pest infestation.
“Licensed Pest Control Contractor” – A pest management professional or firm duly licensed and insured under Applicable Law and selected in accordance with Section 3.3.
“Pest Incident Report” – A written notice, in the form reasonably required by Landlord, describing the nature, scope, and location of any suspected or confirmed Covered Pest activity within the Premises.
“Responsible Party” – The Party (Landlord or Tenant) upon whom the financial and operational obligation for Corrective Action is allocated under Section 3.4.
3. OPERATIVE PROVISIONS
3.1 Landlord Obligations
(a) Habitability. Pursuant to Ala. Code § 35-9A-204(a)(1), Landlord shall deliver and maintain the Premises in a condition fit for habitation and substantially free from active Covered Pest infestations not caused by Tenant.
(b) Preventive Maintenance. Landlord shall implement a routine pest prevention schedule, including exterior barrier treatments and common-area inspections, at intervals not less frequent than [PREVENTIVE SCHEDULE] (e.g., quarterly).
(c) Disclosure. Prior to possession, Landlord has disclosed to Tenant all known, material Covered Pest issues affecting the Premises within the preceding twelve (12) months, if any, in Exhibit A attached hereto.
3.2 Tenant Obligations
(a) Sanitation & Cooperation. Tenant shall keep the Premises in a clean, sanitary condition and shall store food and refuse in sealed containers so as not to attract pests.
(b) Prompt Notice. Tenant shall deliver a Pest Incident Report to Landlord within twenty-four (24) hours after discovery or reasonable suspicion of Covered Pest activity.
(c) Access for Treatment. Tenant shall grant the Licensed Pest Control Contractor access to the Premises, including access to closets, cabinets, and personal property as reasonably necessary to perform Corrective Action, upon no less than twenty-four (24) hours’ notice, subject to Ala. Code § 35-9A-303.
(d) Preparatory Measures. Tenant shall comply, at Tenant’s sole expense, with reasonable preparatory instructions (e.g., laundering, decluttering, pet removal) provided by the Licensed Pest Control Contractor.
3.3 Treatment Procedures
(a) Selection of Contractor. Landlord shall engage a Licensed Pest Control Contractor acceptable to Landlord; provided, however, Tenant may request a list of not fewer than two (2) alternative licensed contractors and may, at Tenant’s election and cost, select from that list.
(b) Scope of Work. Corrective Action shall conform to industry best practices, manufacturer specifications, and all Applicable Law governing pesticide application.
(c) Follow-Up. Where initial treatment cannot reasonably be expected to eliminate the infestation, follow-up treatments shall be scheduled at intervals recommended by the Licensed Pest Control Contractor until written certification of resolution is issued.
3.4 Cost Allocation
(a) Landlord as Responsible Party. Landlord shall bear all reasonable, actually-incurred costs of Corrective Action for any Covered Pest infestation (i) existing prior to the Commencement Date; (ii) arising from structural or latent property defects; or (iii) occurring in common areas.
(b) Tenant as Responsible Party. Tenant shall bear all such costs where an infestation is proximately caused by Tenant’s negligence, willful misconduct, unsanitary practices, unauthorized pets, or breach of Section 3.2.
(c) Disputed Responsibility. If causation is in dispute, the determination of the Licensed Pest Control Contractor, acting reasonably and in good faith, shall control, subject to either Party’s rights under Section 6 (Default & Remedies).
(d) Cost Sharing. Where causation is indeterminable, costs shall be allocated [COST SHARING PERCENTAGE] % to Landlord and [COST SHARING PERCENTAGE] % to Tenant.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each Party represents that it has full power and authority to enter into and perform this Addendum.
4.2 Landlord Representations. Landlord represents, to Landlord’s actual knowledge and as of the Effective Date, that (a) no active Covered Pest infestation exists within the Premises except as specifically disclosed in Exhibit A; and (b) all prior Corrective Action, if any, was performed in accordance with Applicable Law.
4.3 Tenant Representations. Tenant represents that Tenant has not knowingly introduced, and will take commercially reasonable steps to avoid introducing, any Covered Pest into the Premises.
4.4 Survival. The representations and warranties in this Section shall survive any termination of the Lease or this Addendum for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall not:
(a) apply pesticides or engage unapproved pest control services without Landlord’s prior written consent;
(b) obstruct, interfere with, or delay any scheduled Corrective Action; or
(c) dispose of furniture or personal property suspected of infestation except in accordance with Applicable Law.
5.2 Landlord Covenants. Landlord shall maintain accurate records of all pest control activities and shall, upon written request, furnish Tenant with copies of treatment reports and chemical labels/SDS sheets as required by law.
5.3 Compliance Monitoring. Landlord may conduct periodic inspections on not less than forty-eight (48) hours’ notice, limited to verifying compliance with this Addendum.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Tenant Default. Any material breach of Section 3.2 or 5.1 constitutes a default under both this Addendum and the Lease.
(b) Landlord Default. Failure to perform a required Corrective Action within a reasonable time following receipt of a Pest Incident Report constitutes a default.
6.2 Cure Periods. The defaulting Party shall have seven (7) days from receipt of written notice to cure, except that conditions posing an immediate threat to habitability require commencement of cure within forty-eight (48) hours.
6.3 Remedies.
(a) Landlord Remedies. In addition to and without waiving any rights under the Lease or Applicable Law, Landlord may (i) perform Tenant’s obligations at Tenant’s expense; (ii) assess such costs as Additional Rent; and/or (iii) pursue eviction proceedings.
(b) Tenant Remedies. Tenant may seek injunctive or other equitable relief compelling Landlord’s performance under Section 3.1, consistent with Ala. Code § 35-9A-164.
(c) Attorneys’ Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to recover reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. Each Responsible Party shall indemnify, defend, and hold harmless the other Party and its agents from and against any losses, claims, damages, or expenses (including reasonable attorneys’ fees) arising out of or relating to that Responsible Party’s breach of this Addendum or negligence in pest management.
7.2 Limitation of Liability. Except for (i) willful misconduct, (ii) gross negligence, or (iii) obligations expressly indemnified above, each Party’s liability arising under this Addendum shall be limited to actual, direct damages proved, and shall exclude consequential, incidental, special, or punitive damages.
7.3 Insurance. Landlord shall maintain property insurance; Tenant is encouraged to obtain renter’s insurance covering personal property loss arising from Covered Pests.
7.4 Force Majeure. Neither Party shall be liable for failure to perform obligations under this Addendum to the extent performance is prevented by events beyond such Party’s reasonable control, excluding financial incapacity.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute related hereto shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflicts-of-law principles.
8.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the [COUNTY NAME] County District or Circuit Court, Housing Division (or other court of competent jurisdiction) sitting in the State of Alabama.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of any Party’s constitutional right to trial by jury.
8.5 Injunctive Relief. Notwithstanding anything to the contrary, either Party may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to enforce habitability obligations or to prevent the spread of Covered Pests.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both Parties.
9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent; any unauthorized assignment is void.
9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, personal representatives, and permitted assigns.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
9.5 Integration. This Addendum, together with the Lease and other addenda, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., DocuSign, PDF) shall be deemed original for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties hereto have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| Signature | Signature |
| Name: [PRINT NAME] | Name: [PRINT NAME] |
| Title (if applicable): [ ] | |
| Date: _____ | Date: _____ |
[Optional Notary Acknowledgment Block—complete if required by local practice]
EXHIBIT A
Landlord’s Disclosure of Prior Covered Pest Activity
- Address: [PROPERTY ADDRESS]
- Date(s) of prior infestation: _______
- Type of Covered Pest: _______
- Remedial actions taken: _____
- Certification of completion: _______
[If none, insert “Landlord has no knowledge of prior Covered Pest activity within the past twelve (12) months.”]
[// GUIDANCE: 1) Update bracketed placeholders. 2) Confirm local court names/jurisdiction. 3) Attach Licensed Pest Control Contractor documentation as needed. 4) Verify notice periods align with any stricter municipal ordinances.]