PEST CONTROL & DISCLOSURE ADDENDUM

to Residential Lease Agreement – State of Arizona

[// GUIDANCE: Attach this Addendum to and incorporate it into the body of the Residential Lease Agreement. Insert all bracketed terms before execution.]

I. DOCUMENT HEADER

1. Parties. This Pest Control & Disclosure Addendum (the “Addendum”) is entered into by and between [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (“Tenant”).
2. Premises. The residential dwelling located at [PROPERTY ADDRESS] (the “Premises”).
3. Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
4. Consideration & Incorporation. In consideration of the mutual covenants herein and in the Lease, the parties agree that this Addendum shall govern pest control matters relating to the Premises and shall prevail over any conflicting Lease provision.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; undefined capitalized terms have the meanings given in the Lease.

“Actual Damages” – Direct, out-of-pocket losses proved with reasonable certainty.

“Bedbug” – Cimex lectularius or any other common bedbug species identified by the Arizona Dept. of Health Services.

“Infestation” – The presence of Pests in numbers sufficient to materially affect habitability or pose a health or safety risk.

“Licensed Pest Control Provider” – An individual or entity properly licensed under A.R.S. Title 32, Ch. 22 to perform structural pest management services in Arizona.

“Pest(s)” – Any insect, rodent, vermin, or arthropod—including Bedbugs—capable of occupying the Premises.

“Pest Inspection” – A visual and/or canine inspection conducted by a Licensed Pest Control Provider in accordance with industry standards.

“Pest Treatment” – Chemical, heat, cold, physical removal, exclusion, or other lawful method performed by a Licensed Pest Control Provider to eradicate Pests.

III. OPERATIVE PROVISIONS

3.1 Statutory Notice & Disclosures
a. Landlord hereby discloses that, to Landlord’s actual knowledge, the Premises:
i. ☐ are / ☐ are not presently subject to an Infestation;
ii. ☐ have / ☐ have not been treated for Pests within the past [__] months.
b. Pursuant to A.R.S. §§ 33-1319(C)–(E), Landlord shall, at or before move-in, provide Tenant with (i) the Arizona Dept. of Health Services Bedbug educational materials and (ii) written notice prohibiting the introduction of infested personal property.

3.2 Baseline Pest Inspection
Landlord shall, at Landlord’s sole cost, obtain a Pest Inspection of the Premises not later than [___] calendar days after the Commencement Date and shall furnish Tenant with a written report of findings within three (3) business days after receipt.

3.3 Landlord Ongoing Obligations
a. Landlord shall (i) maintain the Premises in a condition fit for human habitation and (ii) remedy any Infestation within a commercially reasonable time after notice, all in compliance with A.R.S. § 33-1324(A).
b. Except as otherwise provided herein, Landlord shall bear all costs of Pest Treatment deemed necessary by the Licensed Pest Control Provider.

3.4 Tenant Obligations & Preventive Measures
a. Tenant shall:
i. Maintain the Premises in a clean and sanitary condition to deter Pests;
ii. Promptly (within 24 hours) notify Landlord in writing of any suspected Pest activity;
iii. Cooperate fully with any Pest Inspection or Pest Treatment, including temporary vacating, laundering, bagging, or discarding personal property as reasonably requested; and
iv. Not knowingly introduce any Pest-infested personal property.
b. Failure to comply constitutes a material breach and an Event of Default under Section VI.

3.5 Cost Allocation
a. If an Infestation is determined by a Licensed Pest Control Provider to be:
i. Pre-existing or not attributable to Tenant’s acts or omissions – Landlord bears 100% of Actual Damages and Treatment costs.
ii. Attributable to Tenant, Tenant’s occupants, guests, or personal property – Tenant shall reimburse Landlord for 100% of Actual Damages and Treatment costs within ten (10) days after written demand.
b. The prevailing party in any dispute over cost allocation shall recover reasonable attorney fees and costs.

3.6 Treatment Procedure & Access
a. Landlord shall provide at least forty-eight (48) hours’ written notice prior to entry for Pest Treatment, unless (i) emergency conditions exist or (ii) Tenant consents to an earlier entry.
b. Tenant’s refusal to grant access following proper notice is a material breach.
c. Landlord may require Tenant to temporarily vacate the Premises for up to [___] hours during treatment; relocation and meal expenses shall be governed by Section 3.5.

3.7 No Rent Abatement Unless Material
Rent shall not be abated for Pest Treatment except as required by law if the Infestation materially affects habitability and Landlord fails to cure within a reasonable period.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations. Landlord represents that, to Landlord’s actual knowledge and after reasonable inquiry:
a. The Premises are free of active Infestation as of the Effective Date;
b. Any prior Pest Treatments have been fully completed; and
c. Landlord has disclosed all material facts regarding Pests to Tenant.

4.2 Tenant Representations. Tenant represents that all personal property to be brought into the Premises is, to Tenant’s knowledge, free from Pests and has been inspected or treated as necessary.

4.3 Survival. The representations and warranties in this Section survive the termination or expiration of the Lease for twelve (12) months.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants – Each party shall perform all actions reasonably necessary to prevent or eliminate Infestation and to comply with applicable law, manufacturer instructions, and Licensed Pest Control Provider directives.

5.2 Negative Covenants – Tenant shall not:
a. Apply over-the-counter pesticides in a manner inconsistent with labeling;
b. Attempt self-treatment for Bedbugs;
c. Interfere with Landlord or Pest professionals in the performance of their duties.

5.3 Notice & Cure – Except for emergency treatments, each party shall have five (5) days after written notice to cure any breach of this Addendum before the non-breaching party may invoke remedies.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Tenant: (i) failure to reimburse Treatment costs under Section 3.5; (ii) refusal of lawful access; (iii) failure to comply with Treatment preparations.
b. Landlord: (i) failure to commence Treatment within the time required under Section 3.3; (ii) violation of disclosure obligations.

6.2 Remedies
a. Non-Defaulting Party may pursue all remedies available under the Lease and Arizona law, including injunctive relief to enforce habitability (A.R.S. § 33-1361 et seq.).
b. Graduated remedies apply: (i) written warning; (ii) charge for Actual Damages; (iii) termination of Lease upon ten (10) days’ notice if default uncured.
c. Attorney fees and court costs to prevailing party.

VII. RISK ALLOCATION

7.1 Indemnification
a. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents against all claims, losses, and Actual Damages caused by Tenant-attributable Infestation or breach of this Addendum.
b. Landlord shall indemnify Tenant for claims, losses, and Actual Damages arising from Landlord’s breach or gross negligence in pest control.

7.2 Limitation of Liability
Except for (i) personal injury, (ii) willful misconduct, or (iii) statutory penalties, each party’s aggregate liability under this Addendum is limited to Actual Damages.

7.3 Insurance
Tenant is strongly encouraged (but not required) to obtain renter’s insurance covering property damage caused by Pests. Landlord carries no insurance on Tenant’s personal property.

7.4 Force Majeure
Performance is excused for the period of any delay caused by events beyond the reasonable control of the affected party, excluding financial incapacity.

VIII. DISPUTE RESOLUTION

8.1 Governing Law – This Addendum shall be governed by the Arizona Residential Landlord & Tenant Act and other applicable state landlord-tenant statutes.

8.2 Forum Selection – Exclusive venue lies in the [COUNTY] Housing Court of the State of Arizona.

8.3 Arbitration – The parties expressly opt out of arbitration.

8.4 Jury Waiver – No party waives its constitutional right to a jury trial.

8.5 Equitable Relief – Nothing herein limits either party’s right to seek temporary or permanent injunctive relief to enforce habitability or access rights.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver – Must be in a writing signed by both parties. No waiver of any breach shall be construed as a continuing waiver.

9.2 Assignment – Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent.

9.3 Successors & Assigns – This Addendum binds and benefits the parties and their lawful successors and permitted assigns.

9.4 Severability – If any provision is held invalid, the remainder shall remain in full force; the invalid provision shall be reformed to the minimum extent necessary.

9.5 Integration – This Addendum, together with the Lease, constitutes the entire agreement regarding Pests and supersedes all prior negotiations.

9.6 Counterparts & Electronic Signatures – May be executed in counterparts and by electronic signature, each of which is deemed an original.

X. EXECUTION BLOCK

LANDLORD:

[LANDLORD LEGAL NAME]
By: ____
Name: ____
Title: ___
Date: ______

TENANT(S):
1. _____ Date: _
2. _____ Date: _
3. _____ Date: ___

[// GUIDANCE: Add notarization or witness lines if required by local county recording or court-filing practice; Arizona law does not mandate notarization for residential leases, but local practice may vary.]

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

[// GUIDANCE: Review all bracketed placeholders, confirm statutory citations A.R.S. §§ 33-1319 & 33-1324, and harmonize section numbering with the underlying Lease before client delivery.]