RESIDENTIAL LEASE ADDENDUM

PEST DISCLOSURE & CONTROL AGREEMENT

(District of Columbia)

TABLE OF CONTENTS

1. Document Header.......................................1
2. Definitions...........................................2
3. Operative Provisions..................................3
4. Representations & Warranties..........................6
5. Covenants & Restrictions..............................7
6. Default & Remedies....................................8
7. Risk Allocation.......................................9
8. Dispute Resolution...................................10
9. General Provisions...................................11
10. Execution Block.....................................13

[// GUIDANCE: Page numbers assume final formatting in word-processing software. Update as needed.]

1. DOCUMENT HEADER

This Residential Lease Addendum – Pest Disclosure & Control Agreement (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, each a “Party” and collectively, the “Parties”).

WHEREAS, the Parties are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) concerning the residential dwelling located at [PREMISES ADDRESS] (the “Premises”); and

WHEREAS, District of Columbia law places joint responsibility on landlords and tenants to maintain rental units free from pest infestation; and

WHEREAS, the Parties desire to supplement the Lease by setting forth their respective rights, duties, and obligations regarding pest prevention, disclosure, treatment, and cost allocation;

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

The following terms shall have the meanings set forth below and shall apply equally to their singular and plural forms. Any capitalized term not defined herein shall have the meaning assigned in the Lease.

“Addendum” has the meaning set forth in the preamble.

“Applicable Law” means all federal, District of Columbia, and local statutes, regulations, ordinances, housing codes, and administrative guidance governing landlord-tenant relations, public health, and pest management, as amended from time to time.

“Common Areas” means all areas of the building or development other than the interior of the Premises, including hallways, laundry rooms, storage areas, and exterior grounds.

“Invasive Pests” means any insects, rodents, or other vermin commonly recognized as vectors of disease or structural damage, including without limitation bed bugs, cockroaches, mice, rats, termites, fleas, and ants.

“Licensed Pest Professional” means a pest control operator or exterminator properly licensed to perform pest inspection and treatment services in the District of Columbia.

“Pest Event” means the presence or reasonable suspicion of Invasive Pests in, on, or about the Premises or Common Areas.

“Pest Treatment Plan” means a written plan prepared by a Licensed Pest Professional specifying recommended treatment methods, schedules, preparatory steps, and follow-up measures.

“Premises” has the meaning set forth in the recitals.

“Tenant-Caused Infestation” means any Pest Event proximately caused by (i) Tenant’s failure to maintain sanitary conditions; (ii) Tenant’s introduction of personal property containing Invasive Pests; or (iii) Tenant’s willful misconduct or gross negligence.

3. OPERATIVE PROVISIONS

3.1 Incorporation by Reference. This Addendum is incorporated into and made part of the Lease. Except as expressly modified herein, all terms of the Lease remain in full force and effect.

3.2 Pre-Occupancy Inspection and Disclosure.
(a) Landlord has conducted, or caused to be conducted, a visual inspection of the Premises within ten (10) days prior to Tenant’s initial occupancy and is [DISCLOSE “AWARE” OR “NOT AWARE”] of any current Pest Event.
(b) Prior to move-in, Landlord shall provide Tenant with any inspection report and, if applicable, a Pest Treatment Plan.

3.3 Ongoing Monitoring. Tenant shall maintain the Premises in a clean, sanitary fashion and promptly notify Landlord in writing of any suspected Pest Event, specifying the nature and location of the issue.

3.4 Entry for Inspection and Treatment. Upon not less than twenty-four (24) hours’ prior notice (except in emergencies), Tenant shall grant Landlord, its agents, and any Licensed Pest Professional reasonable access to the Premises to inspect, apply monitoring devices, or administer treatment consistent with Applicable Law.

3.5 Pest Treatment Procedures.
(a) Landlord shall engage a Licensed Pest Professional to design and implement any necessary Pest Treatment Plan.
(b) Tenant shall comply with all preparatory and follow-up instructions, including laundering fabrics, bagging personal items, and granting repeat access, as reasonably required for effective treatment.
(c) Failure to comply with subsection (b) shall constitute a breach subject to Section 6 (Default & Remedies).

3.6 Cost Allocation.
(a) Preventive and Non-Attributable Infestations. Landlord shall bear (i) the cost of routine preventive inspections/treatments scheduled at Landlord’s discretion and (ii) all costs of treating any Pest Event that is not a Tenant-Caused Infestation.
(b) Tenant-Caused Infestations. Tenant shall reimburse Landlord, within thirty (30) days after demand, for all reasonable costs incurred in connection with any Tenant-Caused Infestation, including inspection, treatment, and reasonable administrative fees.
(c) Disputed Attribution. If the Parties disagree on causation, Landlord shall obtain a written opinion from a Licensed Pest Professional, which shall be prima facie evidence of causation, subject to Tenant’s right to rebut under Section 8 (Dispute Resolution).

3.7 Personal Property Protection. Tenant is advised that typical renters’ insurance policies exclude coverage for pest-related damage. Tenant is encouraged to obtain appropriate endorsements or additional coverage at Tenant’s sole expense.

3.8 Habitability & Continuance of Lease. A Pest Event does not relieve Tenant of rent obligations unless (and only to the extent) a court of competent jurisdiction determines that the Premises are legally uninhabitable and rent abatement is required under Applicable Law.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents that it has full power and authority to execute and deliver this Addendum.

4.2 Landlord Representations. To Landlord’s actual knowledge and based on the inspection referenced in Section 3.2, the Premises are free from any active pest infestation as of the Effective Date.

4.3 Tenant Representations. Tenant represents that (i) all personal property to be brought into the Premises has been inspected and is free from Invasive Pests, and (ii) Tenant has not experienced a bed-bug or similar infestation within the immediately preceding twelve (12) months [OR INSERT DISCLOSURE].

4.4 Survival. The representations and warranties contained in this Section 4 shall survive the expiration or earlier termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) Maintain the Premises in compliance with Applicable Law and in a manner that deters pest harborage;
(b) Immediately notify Landlord of any Pest Event;
(c) Follow all reasonable instructions of any Licensed Pest Professional; and
(d) Refrain from applying over-the-counter pesticides that may interfere with professional treatment.

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) Introduce used mattresses, upholstered furniture, or other personal property known or reasonably suspected to harbor Invasive Pests without first treating or certifying such items;
(b) Obstruct or impede Landlord’s access for inspection or treatment; or
(c) Dispose of infested items in Common Areas or public dumpsters without properly sealing and labeling such items in accordance with municipal sanitation guidelines.

5.3 Landlord Covenant. Landlord shall use commercially reasonable efforts to maintain Common Areas in a condition that does not foster pest infestation and shall cause any Pest Treatment Plan to be executed with reasonable diligence.

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default (each, an “Event of Default”):
(a) Tenant’s failure to provide required access or comply with treatment preparation instructions within the time specified in written notice;
(b) Tenant’s failure to reimburse Landlord for Tenant-Caused Infestation costs within the period set forth in Section 3.6(b); or
(c) Landlord’s failure to engage a Licensed Pest Professional and commence treatment within a reasonable time (not to exceed seven (7) days) after receiving notice of a Pest Event.

6.2 Notice and Cure. The non-defaulting Party shall provide written notice specifying the Event of Default and a cure period of:
(i) Forty-eight (48) hours for access-related defaults;
(ii) Five (5) days for payment-related defaults; and
(iii) Seven (7) days for Landlord’s treatment-related defaults.

6.3 Remedies.
(a) Tenant Default. Landlord may pursue any remedy available under the Lease or Applicable Law, including reimbursement of costs, recovery of actual damages, and, if material, termination of the Lease.
(b) Landlord Default. Tenant may seek (i) injunctive or declaratory relief compelling Landlord performance, and/or (ii) rent abatement or other statutory remedies available under Applicable Law.
(c) Attorney Fees. The prevailing Party in any action brought to enforce this Addendum shall be entitled to reasonable attorney fees and costs, subject to court approval.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, damages, and expenses (including reasonable attorney fees) arising out of a Tenant-Caused Infestation or Tenant’s breach of this Addendum.
(b) Landlord shall indemnify, defend, and hold Tenant harmless from and against all claims, damages, and expenses arising out of Landlord’s failure to perform obligations under this Addendum or Applicable Law.

7.2 Limitation of Liability. Except for (i) claims involving fraud, gross negligence, or willful misconduct, and (ii) indemnification obligations under Section 7.1, each Party’s liability under this Addendum shall be limited to direct, actual damages proved, and shall not include consequential, punitive, or special damages.

7.3 Insurance.
(a) Landlord shall maintain property insurance covering the structure of the Premises.
(b) Tenant is encouraged to obtain renters’ insurance with endorsements for pest-related personal property loss.

7.4 Force Majeure. Neither Party shall be liable for failure to perform its obligations (other than payment obligations) where such failure is caused by events beyond its reasonable control, including but not limited to governmental orders restricting pesticide use; provided, however, that the affected Party shall resume performance promptly upon cessation of the force majeure event.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the landlord-tenant statutes and housing codes of the District of Columbia, without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the Landlord and Tenant Branch of the Superior Court of the District of Columbia (or any successor housing court).

8.3 Arbitration Excluded. The Parties expressly waive any contractual requirement to arbitrate disputes arising under this Addendum.

8.4 Jury Trial. Nothing in this Addendum shall be construed as a waiver of any constitutional right to a trial by jury.

8.5 Injunctive Relief. Notwithstanding any provision to the contrary, either Party may seek temporary, preliminary, or permanent injunctive relief where necessary to protect habitability, public health, or to prevent irreparable harm.

9. GENERAL PROVISIONS

9.1 Amendments and Waivers. No modification of this Addendum shall be effective unless in writing and signed by both Parties. A waiver of any provision shall not constitute a waiver of any other provision or of the same provision at any other time.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, which shall not be unreasonably withheld where the Lease permits assignment.

9.3 Successors and Assigns. This Addendum shall bind and inure to the benefit of the Parties and their respective heirs, successors, and permitted assigns.

9.4 Severability. If any provision of this Addendum is held unenforceable, the remainder shall be enforced to the maximum extent permissible, and the Parties shall negotiate in good faith to replace the unenforceable provision with a valid provision that most closely reflects the Parties’ original intent.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties with respect to the subject matter herein 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 shall be deemed an original and all of which together constitute one instrument. Signatures in electronic format shall be deemed original signatures for all purposes.

10. EXECUTION BLOCK

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

[// GUIDANCE: Notarization is generally not required for DC residential lease addenda. Add a jurat or witness lines if desired.]