RESIDENTIAL LEASE ADDENDUM

Pest Control Disclosure & Allocation of Responsibilities

(Coordinated with the Colorado Warranty of Habitability)

[// GUIDANCE: Attach this Addendum to—and incorporate it by reference into—the primary Residential Lease Agreement (“Lease”). Verify that the Lease’s integration clause permits incorporation of future addenda. A new signature block is required for enforceability.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Landlord Obligations
   3.2 Tenant Obligations
   3.3 Treatment Procedures
   3.4 Cost Allocation
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Addendum Title: Residential Lease Addendum – Pest Control Disclosure
Parties:
• Landlord: [LANDLORD LEGAL NAME], a [STATE] [entity type] (“Landlord”)
• Tenant(s): [TENANT LEGAL NAME(S)] (“Tenant”)
Premises: [STREET ADDRESS, UNIT NO., CITY, CO ZIP] (“Premises”)
Effective Date: [MM/DD/YYYY] (“Effective Date”)
Jurisdiction: State of Colorado; venue exclusively in the [COUNTY] County Housing Court.

Recitals:
A. Landlord and Tenant are parties to a Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
B. The Colorado Warranty of Habitability obligates residential landlords to maintain pest-free premises.
C. The parties desire to supplement the Lease to allocate responsibilities, costs, and procedures regarding pest inspection, prevention, and treatment.
D. In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

2. DEFINITIONS

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

“Addendum” means this Residential Lease Addendum – Pest Control Disclosure.
“Authorized Pest Control Provider” means a pest-management professional duly licensed in Colorado and retained pursuant to Section 3.3.
“Colorado Warranty of Habitability” means the statutory obligation imposed upon residential landlords in Colorado to provide habitable premises, including freedom from infestations.
“Infestation” means the presence of insects, rodents, arachnids, or other organisms in sufficient number to materially affect the habitability of the Premises.
“Pest” means any insect, rodent, arachnid, or other vermin specified by applicable Colorado law as affecting habitability, including but not limited to bed bugs, cockroaches, rats, and mice.
“Treatment” means any inspection, extermination, remediation, or preventive measure performed by an Authorized Pest Control Provider.

3. OPERATIVE PROVISIONS

3.1 Landlord Obligations

3.1.1 Initial Inspection. Prior to delivering possession, Landlord shall cause the Premises to be inspected for Pest activity by an Authorized Pest Control Provider and shall remediate any Infestation disclosed.
3.1.2 Disclosure. Landlord hereby discloses that, to Landlord’s actual knowledge, the Premises [check one]: ☐ is / ☐ is not currently subject to an Infestation.
3.1.3 Preventive Measures. Landlord shall schedule preventive inspections at least once every [12] months and shall maintain Treatment records for a minimum of two (2) years.
3.1.4 Common Areas. Landlord shall keep all common areas of the property reasonably free of conditions conducive to Infestation.

3.2 Tenant Obligations

3.2.1 Cleanliness. Tenant shall keep the Premises in a sanitary condition, promptly remove trash, store food in sealed containers, and avoid creating harborages for Pests.
3.2.2 Reporting. Tenant shall give Landlord written notice of any suspected Pest activity within twenty-four (24) hours of discovery (“Pest Notice”).
3.2.3 Access. Tenant shall grant Landlord and the Authorized Pest Control Provider reasonable access to the Premises upon no less than twenty-four (24) hours’ notice to perform any Treatment.
3.2.4 Personal Property Preparation. Tenant shall comply with all preparation instructions issued by the Authorized Pest Control Provider, including laundering, bagging, or discarding affected items.
3.2.5 Prohibited Conduct. Tenant shall not introduce Pests to the Premises through infested personal property, nor shall Tenant self-treat with over-the-counter pesticides without Landlord’s prior written consent.

3.3 Treatment Procedures

(a) Scheduling. Upon receipt of a Pest Notice, Landlord shall schedule an inspection within three (3) business days and Treatment, if required, within seven (7) business days thereafter, subject to provider availability.
(b) Follow-Up. Landlord shall schedule follow-up Treatments as recommended by the Authorized Pest Control Provider until the Infestation is resolved.
(c) Documentation. Landlord shall furnish Tenant with copies of inspection findings and Treatment reports within five (5) business days after receipt.

3.4 Cost Allocation

(a) Landlord-Borne Costs. Landlord shall bear (i) all costs of preventive inspections, and (ii) all costs of Treatment except as provided in subsection (b).
(b) Tenant-Borne Costs. Tenant shall reimburse Landlord for Treatment costs attributable to (1) Tenant’s failure to timely report Pests, (2) Tenant’s failure to prepare the Premises as instructed, or (3) Tenant’s willful or negligent introduction of Pests.
(c) Invoice & Payment. Landlord shall deliver an itemized invoice to Tenant; Tenant shall pay such reimbursable costs as Additional Rent within ten (10) days. Failure to pay constitutes a monetary default under the Lease.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Warranty of Habitability. Landlord represents that, as of the Effective Date, the Premises complies with the Colorado Warranty of Habitability and is free from Infestation.
4.2 Tenant’s Reliance. Tenant represents that Tenant has inspected the Premises and found no visible signs of Infestation as of the Effective Date, except as disclosed in writing to Landlord.
4.3 Survival. The representations and warranties in this Section survive termination or expiration of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Ongoing Compliance. Each party covenants to perform its obligations under Section 3 in good faith and in a commercially reasonable manner.
5.2 No Self-Help. Tenant shall not arrange for independent Treatment without Landlord’s written consent, except in case of emergency endangering health or safety, and then only after good-faith efforts to contact Landlord.
5.3 Subletting Restriction. Any sublease must incorporate this Addendum verbatim.

6. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant’s failure to (i) provide access, (ii) pay reimbursable Treatment costs, or (iii) comply with preparation instructions constitutes a default.
(b) Landlord’s failure to timely schedule and complete Treatment per Section 3.3 constitutes a default.

6.2 Notice & Cure. The non-defaulting party shall deliver written notice specifying the default. The defaulting party has three (3) business days to cure monetary defaults and five (5) business days to cure non-monetary defaults, unless a shorter period is required by law to safeguard habitability.

6.3 Landlord Remedies. Upon Tenant default, Landlord may:
(i) perform Tenant’s obligations at Tenant’s expense;
(ii) declare unpaid reimbursable costs as Additional Rent;
(iii) pursue eviction pursuant to Colorado law.

6.4 Tenant Remedies. Upon Landlord default, Tenant may:
(i) seek injunctive relief compelling Treatment;
(ii) exercise statutory rights under the Colorado Warranty of Habitability, including rent abatement or termination, after required notices.

6.5 Attorney Fees. The prevailing party in any action arising from this Addendum shall recover reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification

Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against all claims, damages, and expenses arising out of the Indemnifying Party’s breach of this Addendum or negligence in connection with Pest control obligations, except to the extent caused by the other party’s negligence or willful misconduct.

7.2 Limitation of Liability

Except for (a) indemnity obligations under Section 7.1, (b) unpaid Additional Rent, and (c) damages arising from gross negligence or willful misconduct, each party’s aggregate liability under this Addendum is limited to actual, direct damages; consequential and punitive damages are expressly disclaimed.

7.3 Insurance

Landlord shall maintain property insurance covering Pest-related structural damage. Tenant is strongly encouraged to obtain renter’s insurance covering personal property losses related to Infestation.

7.4 Force Majeure

Neither party is liable for delay or failure in performance caused by events beyond its reasonable control (excluding financial inability), provided that the affected party promptly notifies the other and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Colorado.
8.2 Forum Selection. Exclusive venue lies in the [COUNTY] County Housing Court or any successor court possessing subject-matter jurisdiction.
8.3 Arbitration Excluded. The parties expressly opt out of arbitration.
8.4 Jury Trial. Nothing herein shall impair either party’s constitutional right to a trial by jury.
8.5 Injunctive Relief. Nothing herein limits the right to seek injunctive or equitable relief necessary to enforce habitability obligations.

9. GENERAL PROVISIONS

9.1 Amendment. No amendment to this Addendum is effective unless in a writing signed by both parties.
9.2 Waiver. No waiver is effective unless in writing; a waiver on one occasion is not a waiver of any subsequent breach.
9.3 Assignment. Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion, subject to Colorado law.
9.4 Successors & Assigns. This Addendum is binding on and inures to the benefit of the parties and their respective successors and permitted assigns.
9.5 Severability. Any unenforceable provision shall be severed and the remainder enforced to the maximum extent permitted by law.
9.6 Integration. This Addendum, together with the Lease and any prior pest disclosures delivered in writing, constitutes the entire agreement regarding Pest control, superseding all prior or contemporaneous agreements.
9.7 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts (including electronic or facsimile signatures), each of which is deemed an original and all of which together constitute one instrument.

10. EXECUTION BLOCK

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

[Optional Notary Acknowledgment if required by local rule]

[// GUIDANCE:
1. Attach provider prep instructions as an exhibit if available.
2. Maintain copies of all Pest Notices and Treatment records to defend against habitability claims.
3. Ensure compliance with any municipal pest disclosure ordinances (e.g., Denver).]