PEST CONTROL DISCLOSURE & RESPONSIBILITY ALLOCATION
Addendum to Residential Lease Agreement (California)
[// GUIDANCE: Attach this Addendum to the parties’ primary Residential Lease Agreement (“Lease”). All bracketed text must be completed or revised before execution.]
TABLE OF CONTENTS
- Definitions
- Incorporation; Effective Date
- Statutory & Regulatory Disclosures
- Landlord’s Obligations
- Tenant’s Obligations
- Treatment Procedures
- Cost Allocation
- Representations & Warranties
- Covenants & Restrictions
- Default; Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DEFINITIONS
For purposes of this Addendum, the following terms have the meanings set forth below:
“Addendum” means this Pest Control Disclosure & Responsibility Allocation Addendum.
“Applicable Law” means all federal, state, county, municipal, and local statutes, regulations, codes, and ordinances governing pest control, pesticide application, and residential tenancies in California, including the California Civil Code and Health & Safety Code.
“Covered Infestation” means the presence or activity of any vertebrate or invertebrate pest that could adversely affect human health or the habitability of the Premises, including without limitation rodents, cockroaches, bed bugs, ants, termites, fleas, wasps, and spiders.
“Premises” means the residential dwelling located at [PROPERTY ADDRESS] that is the subject of the Lease.
“Pest Control Service” means any professional pest management company duly licensed to perform structural pest control within the State of California.
“Treatment” means the inspection, application of pesticides, baiting, trapping, exclusion work, or any other remedial action performed to prevent, mitigate, or eradicate a Covered Infestation.
“Treatment Notice” means the written notice provided to Tenant describing the nature of the Treatment, the pesticide(s) to be used (if any), any re-entry interval, preparation requirements, and contact information for the Pest Control Service.
2. INCORPORATION; EFFECTIVE DATE
2.1 Incorporation. This Addendum is incorporated into and made part of the Lease between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant”) dated [LEASE DATE]. The terms of this Addendum supplement and, where irreconcilable, supersede the Lease.
2.2 Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (“Effective Date”).
3. STATUTORY & REGULATORY DISCLOSURES
3.1 Implied Warranty of Habitability. Under California law, Landlord must maintain the Premises in a habitable condition, which includes keeping the Premises free from Covered Infestations.
3.2 Pesticide Notices. Landlord shall deliver to Tenant any notice received from a Pest Control Service regarding the application of pesticides to the Premises as required by Applicable Law. Tenant acknowledges receipt of (or that none have yet been provided) the following:
(a) Bed Bug Information Sheet [attach if required];
(b) Any prior Treatment Notices within the past 12 months; and
(c) [OTHER REQUIRED DISCLOSURES].
[// GUIDANCE: If the Premises are subject to ongoing periodic pest control contracts, insert the contractor’s company name, frequency, and typical chemicals used.]
4. LANDLORD’S OBLIGATIONS
4.1 Preventive Measures. Landlord shall:
(a) Maintain the Premises in a condition that discourages Covered Infestations;
(b) Promptly engage a Pest Control Service upon actual knowledge or written notice of a Covered Infestation not attributable to Tenant’s breach of Section 5; and
(c) Provide Tenant with each Treatment Notice at least 24 hours before entry unless Applicable Law dictates a longer period.
4.2 Access for Treatment. Landlord and the Pest Control Service may enter the Premises to perform inspections and Treatments in compliance with the Lease and Applicable Law, provided proper notice is given.
5. TENANT’S OBLIGATIONS
5.1 Housekeeping. Tenant shall maintain the Premises in a clean and sanitary condition and store food in sealed containers.
5.2 Prompt Reporting. Tenant shall provide written notice to Landlord of any suspected Covered Infestation within 48 hours of discovery.
5.3 Preparation for Treatment. Tenant shall:
(a) Comply with all preparation instructions contained in the Treatment Notice;
(b) Temporarily vacate the Premises if required; and
(c) Remove or protect personal property as instructed.
5.4 Prohibited Actions. Tenant shall not:
(a) Apply over-the-counter pesticides that conflict with professional Treatment;
(b) Obstruct or delay scheduled inspections or Treatments; or
(c) Knowingly introduce pests (e.g., by bringing infested furniture).
6. TREATMENT PROCEDURES
6.1 Scheduling. Landlord shall use commercially reasonable efforts to schedule Treatments during normal business hours and at times reasonably convenient to Tenant.
6.2 Emergency Treatments. In situations posing an immediate threat to habitability or public health, Landlord may enter the Premises on less than 24 hours’ notice, subject to Applicable Law.
6.3 Re-Entry Interval. Tenant shall not re-enter treated areas until the re-entry interval specified in the Treatment Notice has elapsed.
7. COST ALLOCATION
7.1 Landlord Responsibility. Landlord shall bear all reasonable, customary, and necessary costs of inspection and Treatment for any Covered Infestation not caused by Tenant’s breach of Section 5.
7.2 Tenant Responsibility. If a Covered Infestation is caused, in whole or substantial part, by Tenant’s negligence, willful misconduct, failure to report, or breach of housekeeping obligations, Tenant shall reimburse Landlord for:
(a) The reasonable cost of inspection and Treatment;
(b) Any additional reasonable costs incurred to restore the Premises to a habitable condition; and
(c) Reasonable attorneys’ fees and costs incurred in collection, subject to Section 10.
7.3 Payment Terms. Reimbursable amounts shall be deemed additional rent, due within [10] days after Landlord delivers an itemized invoice.
8. REPRESENTATIONS & WARRANTIES
8.1 Landlord represents that, to Landlord’s actual knowledge, there is no active Covered Infestation at the Premises as of the Effective Date, except as disclosed in writing to Tenant.
8.2 Tenant represents that Tenant has not previously experienced any infestation-related condition at the Premises that has not been disclosed to Landlord in writing.
8.3 Survival. The representations and warranties in this Addendum survive the termination of the Lease for a period of one (1) year.
9. COVENANTS & RESTRICTIONS
9.1 Compliance. Each party covenants to comply with all Applicable Law relating to pest control.
9.2 No Self-Help Spraying. Tenant shall not engage any pest control contractor without Landlord’s prior written consent.
9.3 Transfers of Personal Property. Tenant shall inspect any second-hand furniture or personal items brought onto the Premises for pests and certify to Landlord upon request that the items are pest-free.
10. DEFAULT; REMEDIES
10.1 Events of Default.
(a) Tenant’s failure to pay reimbursable costs under Section 7 within the stated period;
(b) Tenant’s refusal of lawful access for inspection or Treatment; or
(c) Substantial violation of Section 5.
10.2 Notice & Cure. Landlord shall give Tenant written notice specifying the default and a cure period of not less than 3 business days or any longer period required by Applicable Law.
10.3 Remedies. Upon an uncured default, Landlord may:
(a) Perform the obligation on Tenant’s behalf and charge the cost as additional rent;
(b) Seek injunctive relief to compel compliance; and
(c) Pursue all other rights and remedies available under the Lease and Applicable Law.
10.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorneys’ fees and costs, subject to Section 11.2.
11. RISK ALLOCATION
11.1 Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents (collectively, the “Indemnified Parties”) from and against all third-party claims, actions, damages, and liabilities arising out of or relating to the Indemnifying Party’s breach of this Addendum or negligent acts or omissions, except to the extent caused by the gross negligence or willful misconduct of the Indemnified Parties.
11.2 Limitation of Liability. Except for (a) liability for personal injury or property damage caused by a party’s negligence or willful misconduct, and (b) indemnification obligations under Section 11.1, each party’s aggregate liability under this Addendum is limited to actual, direct damages. In no event shall either party be liable for consequential, incidental, exemplary, punitive, or special damages.
11.3 Insurance. Landlord shall maintain property and liability insurance customary for similarly situated residential landlords in California. Tenant is encouraged to maintain renter’s insurance.
11.4 Force Majeure. Neither party shall be liable for delay or failure in performance resulting from causes beyond its reasonable control, provided that the affected party uses diligent efforts to resume performance promptly.
12. DISPUTE RESOLUTION
12.1 Governing Law. This Addendum and the Lease are governed by the landlord-tenant laws of the State of California without regard to conflict-of-laws principles.
12.2 Forum Selection. Any action arising out of or related to this Addendum shall be filed exclusively in the Housing Division of the Superior Court of California, County of [COUNTY].
12.3 Arbitration Excluded. The parties expressly waive any requirement to arbitrate disputes arising under this Addendum.
12.4 Jury Trial. Nothing in this Addendum constitutes a waiver of any party’s constitutional right to a trial by jury.
12.5 Injunctive Relief. Notwithstanding any other provision, either party may seek temporary, preliminary, and/or permanent injunctive relief to enforce habitability obligations, prevent irreparable harm, or compel compliance with Treatment procedures.
13. GENERAL PROVISIONS
13.1 Amendments. No amendment to this Addendum is effective unless in a writing signed by both parties.
13.2 Waiver. No waiver of any provision is effective unless in writing and signed by the waiving party. Waiver of any breach is not a waiver of any other or subsequent breach.
13.3 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent.
13.4 Severability. If any provision of this Addendum is held unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with Applicable Law.
13.5 Integration. This Addendum and the Lease constitute the entire agreement between the parties concerning pest control matters and supersede all prior or contemporaneous oral or written agreements regarding such matters.
13.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures delivered by electronic means (e.g., DocuSign, PDF) are deemed original signatures for all purposes.
14. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Pest Control Disclosure & Responsibility Allocation Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| [LANDLORD LEGAL NAME] | [TENANT LEGAL NAME] |
| Title (if entity): [____] | |
| Date: _______ | Date: _______ |
[Optional Notary Acknowledgment—California]
[// GUIDANCE: Notarization is generally not required for residential lease addenda in CA, but may be added for evidentiary value.]
[// GUIDANCE: Review all cross-references and ensure consistency with the primary Lease. Confirm that any pesticide information sheets required under current California regulations are attached before delivering this Addendum to Tenant.]