PEST CONTROL DISCLOSURE ADDENDUM

(Arkansas Residential Lease)

[// GUIDANCE: This Addendum is drafted for use with an Arkansas residential lease. Insert all bracketed information before execution. Attach to—​and incorporate by reference into—​the primary lease agreement.]

DOCUMENT HEADER

1. Parties.
   This Pest Control Disclosure Addendum (this “Addendum”) is made part of, and fully incorporated into, the Residential Lease Agreement dated [LEASE DATE] (the “Lease”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME] (“Tenant”) for the residential dwelling located at [PREMISES ADDRESS] (the “Premises”).

2. Recitals.
   A. Landlord and Tenant desire to supplement the Lease to allocate rights, responsibilities, and disclosures regarding pest management in accordance with the Arkansas Residential Landlord-Tenant Act of 2007, Ark. Code Ann. § 18-17-101 et seq.
   B. The parties mutually acknowledge that pest control impacts the habitability of residential property and wish to adopt the following provisions to ensure legal compliance and healthy living conditions.
   C. 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.

3. Effective Date.
   This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”).

4. Governing Law.
   This Addendum is governed by the laws of the State of Arkansas without regard to conflict-of-laws principles.

TABLE OF CONTENTS

I. Definitions
II. Pest History Disclosure
III. Landlord’s Obligations
IV. Tenant’s Obligations
V. Treatment Procedures
VI. Cost Allocation
VII. Default & Remedies
VIII. Risk Allocation
IX. Dispute Resolution
X. General Provisions
XI. Execution Block

I. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Terms defined in the Lease and not modified herein retain the meanings assigned in the Lease.

“Covered Pest” means any insect, rodent, arachnid, or other vermin commonly recognized as detrimental to residential health or property, including without limitation bedbugs, cockroaches, ants, termites, mice, and rats.

“Emergency Infestation” means a Pest Condition that materially threatens the health or safety of occupants or materially impairs the habitability of the Premises, as reasonably determined by a Licensed Applicator or governmental authority.

“Licensed Applicator” means a pest-control professional duly licensed under Arkansas law to apply pesticide treatments.

“Notice” means written notice delivered in accordance with Section X.3 (Notices).

“Pest Condition” means the presence, suspected presence, or conditions conducive to the presence of a Covered Pest at the Premises.

“Treatment” means any inspection, application, or remediation method performed to eliminate or control Covered Pests.

II. PEST HISTORY DISCLOSURE

1. Landlord Disclosure. Landlord represents to Tenant that:
   a. To the best of Landlord’s knowledge, the Premises [HAS/HAS NOT] experienced any Pest Condition within the twelve (12) months preceding the Effective Date.
   b. If “HAS,” Landlord attaches as Schedule A a description of all Treatments performed, including dates and the Licensed Applicator’s identity.

2. No Warranty. Landlord makes no representation that the Premises will remain pest-free during the Lease Term and expressly disclaims any implied warranty beyond those required by Arkansas law.

III. LANDLORD’S OBLIGATIONS

1. Initial Inspection & Treatment. Prior to Tenant’s occupancy, Landlord shall:
   a. Conduct, or cause to be conducted, a visual inspection for Covered Pests; and
   b. Perform any Treatment reasonably necessary to deliver the Premises in habitable condition.

2. Routine Preventive Measures. Landlord shall provide, at Landlord’s sole expense, routine preventive Treatments no less than [FREQUENCY, e.g., quarterly] by a Licensed Applicator.

3. Compliance with Law. All Treatments must comply with:
   a. Applicable federal pesticide-label instructions;
   b. Arkansas pesticide regulations; and
   c. Local housing codes relating to habitability and pest control.

4. Recordkeeping. Landlord shall maintain Treatment records for a minimum of three (3) years and provide copies to Tenant within seven (7) days of written request.

IV. TENANT’S OBLIGATIONS

1. Sanitation & Prevention. Tenant shall maintain the Premises in a clean and sanitary condition, including:
   a. Prompt removal of garbage;
   b. Proper food storage; and
   c. Avoidance of practices that attract Covered Pests.

2. Prompt Notice. Tenant shall provide Landlord with written Notice of any suspected Pest Condition within forty-eight (48) hours of discovery.

3. Preparation & Cooperation. Tenant shall comply with all reasonable preparatory instructions issued by the Licensed Applicator, including temporary relocation of personal property and Pets as required.

4. Access. Tenant shall grant Landlord and the Licensed Applicator reasonable access to the Premises for inspection or Treatment upon at least twenty-four (24) hours’ prior Notice, except in the case of Emergency Infestation, where no advance Notice is required.

5. Tenant-Caused Infestation. If a Pest Condition is caused by Tenant’s negligence, willful misconduct, or breach of Section IV.1, Tenant shall be responsible for all costs incurred under Section VI.2.

V. TREATMENT PROCEDURES

1. Methodology. Treatment must be performed by a Licensed Applicator utilizing Integrated Pest Management (IPM) practices to minimize chemical exposure where feasible.

2. Occupant Safety. Tenant may not re-enter treated areas until the Licensed Applicator certifies safe re-entry, which certification shall be provided to Tenant in writing.

3. Re-Treatment. If follow-up Treatments are required, Landlord shall schedule such Treatments promptly and provide Notice to Tenant in accordance with Section IV.4.

VI. COST ALLOCATION

1. Landlord-Borne Costs. Landlord shall bear all costs associated with:
   a. Initial inspection and Treatment under Section III.1;
   b. Routine preventive Treatments under Section III.2; and
   c. Emergency Infestation not attributable to Tenant’s breach.

2. Tenant-Borne Costs. Tenant shall reimburse Landlord within ten (10) days of invoice for:
   a. Treatments necessary due to Tenant’s breach of Section IV.1;
   b. Missed appointments or denied access resulting in additional service fees; and
   c. Restoration of Premises required due to Tenant’s failure to comply with preparatory instructions.

3. Disputed Charges. If Tenant disputes any charge, Tenant must:
   a. Pay the undisputed portion by the due date; and
   b. Provide written Notice of dispute with supporting documentation within seven (7) days, after which the parties shall confer in good faith. Unresolved disputes may be addressed under Section VIII (Dispute Resolution).

VII. DEFAULT & REMEDIES

1. Events of Default. A party is in default if it fails to perform any material obligation under this Addendum and such failure continues for:
   a. Landlord: seven (7) days after written Notice;
   b. Tenant: three (3) days after written Notice (due to heightened health concerns).

2. Cure. The defaulting party may cure within the applicable period. If the default is not timely cured, the non-defaulting party may pursue remedies in Section VII.3.

3. Remedies.
   a. Landlord Remedies (Tenant Default).
   i. Perform necessary Treatment and charge Tenant as Additional Rent;
   ii. Seek injunctive relief to compel compliance; or
   iii. Pursue termination of the Lease as permitted by Arkansas law.
   b. Tenant Remedies (Landlord Default).
   i. Seek injunctive relief compelling Landlord to perform required Treatment;
   ii. Abate Rent proportionately during any period Premises is uninhabitable; or
   iii. Exercise termination rights under Ark. Code Ann. § 18-17-702 following proper Notice.

4. Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and court costs, subject to the limitation of liability in Section VIII.2.

VIII. RISK ALLOCATION

1. Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against any third-party claims, damages, or expenses arising out of or related to the Indemnifying Party’s breach of this Addendum or negligence, except to the extent caused by the gross negligence or willful misconduct of the other party.

2. Limitation of Liability. Except for:
   a. Either party’s indemnification obligation; or
   b. Liability for personal injury or property damage resulting from a party’s negligence,
   each party’s aggregate liability under this Addendum is limited to the actual damages proximately caused and proven, and specifically excludes consequential, incidental, punitive, or exemplary damages.

3. Insurance. Tenant is encouraged, but not required by this Addendum, to maintain renter’s insurance covering property loss resulting from Pest Conditions.

4. Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, except for payment obligations.

IX. DISPUTE RESOLUTION

1. Forum Selection. Any suit arising from or relating to this Addendum must be filed exclusively in a court of competent jurisdiction within the Arkansas state housing court system located in [COUNTY], Arkansas.

2. Arbitration. The parties affirmatively opt out of arbitration; this Addendum shall not be subject to any pre-dispute arbitration requirement.

3. Jury Trial. Nothing herein shall be construed as a waiver of any constitutional right to a trial by jury.

4. Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond, to the extent permitted by Arkansas law.

X. GENERAL PROVISIONS

1. Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by both parties. Waiver of any breach is not a waiver of any other or subsequent breach.

2. Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent. Any unauthorized assignment is void.

3. Notices. All Notices must be in writing and delivered as provided in the Lease. If the Lease is silent, Notices may be delivered by (i) certified U.S. mail, return-receipt requested, or (ii) nationally recognized overnight courier.

4. Integration. This Addendum, together with the Lease and any other incorporated addenda, constitutes the entire agreement regarding pest control, superseding all prior or contemporaneous agreements on the subject.

5. Severability. Any provision held unlawful or unenforceable is severed and the remainder of the Addendum remains in full force, provided the essential terms are not materially altered.

6. Counterparts & Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Electronic signatures and scanned copies are legally binding.

XI. EXECUTION BLOCK

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

[Optional Notary Acknowledgment if required by local practice]

SCHEDULE A

(Pest History & Prior Treatments)

[// GUIDANCE: Attach additional pages if necessary. Keep completed Schedule A with lease records for statutory compliance.]