PEST CONTROL & DISCLOSURE ADDENDUM

to Residential Lease Agreement – State of Delaware

[// GUIDANCE: Attach this Addendum to, and incorporate it by reference into, the underlying Residential Lease Agreement (the “Lease”). Do not delete section numbers; unused provisions may be marked “Reserved.”]

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

1. DOCUMENT HEADER

This Pest Control & Disclosure Addendum (this “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LEGAL NAME OF LANDLORD] (“Landlord”) and [LEGAL NAME(S) OF TENANT(S)] (individually and collectively, “Tenant”) with respect to the residential premises located at [PROPERTY ADDRESS] (the “Premises”).

A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
B. The parties desire to supplement the Lease to address pest control disclosure, obligations, and cost allocation in accordance with the Delaware Residential Landlord-Tenant Code, 25 Del. C. § 5101 et seq. (the “RLTC”) and other Applicable Law (as defined below).
C. 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; terms not defined herein have the meanings ascribed in the Lease.

“Addendum” – This Pest Control & Disclosure Addendum, together with all Schedules and Exhibits.

“Applicable Law” – All federal, state, and local statutes, regulations, ordinances, and housing codes governing pest control, including without limitation the RLTC.

“Covered Pest” – Any insect, rodent, arachnid, or other vermin (including bed bugs, cockroaches, ants, termites, fleas, mice, and rats) that poses a risk to health, safety, or habitability of the Premises.

“Inspection” – A visual and/or canine‐assisted examination of the Premises by a Licensed Pest Control Professional to detect Covered Pests.

“Integrated Pest Management” or “IPM” – A systematic strategy for long-term pest prevention and elimination combining sanitation, structural repairs, monitoring, and targeted pesticide application.

“Landlord” – The party identified as Landlord in the Lease and in Section 1 above, and its successors and assigns.

“Lease Term” – The period commencing on the Lease commencement date and ending on the Lease expiration date, as may be extended or earlier terminated.

“Licensed Pest Control Professional” – A person or firm duly licensed under Delaware law to perform pest inspections and treatments.

“Premises” – The dwelling unit and any appurtenant areas leased to Tenant under the Lease.

“Tenant” – Each person who enters into or is bound by the Lease as tenant, and any permitted occupants.

3. OPERATIVE PROVISIONS

3.1 Disclosure of Prior Infestation & Treatment
a. Landlord discloses that, to Landlord’s actual knowledge, the Premises [HAS/HAS NOT] been treated for Covered Pests within the twelve (12) months immediately preceding the Effective Date.
b. If “HAS” is selected, Landlord shall attach Schedule 1 identifying the date(s), type(s) of Covered Pests, treatment(s) performed, and any warranty information.

3.2 Initial Inspection and Certification
a. Landlord shall, at Landlord’s expense, cause a Licensed Pest Control Professional to conduct an Inspection of the Premises within [___] days prior to Tenant’s initial occupancy.
b. Landlord shall deliver to Tenant a written certification of inspection results on or before the Lease commencement date.

3.3 Tenant Pre-Move-In Obligations
a. Prior to move-in, Tenant represents that all personal property to be brought into the Premises has been inspected by Tenant and is free of Covered Pests.
b. Tenant shall not move any item known or reasonably suspected to be infested with Covered Pests into the Premises.

3.4 Ongoing Obligations – Landlord
a. Landlord shall maintain the Premises in a condition fit for human habitation and free of infestation as required by Applicable Law.
b. Upon written notice of a Covered Pest issue from Tenant, Landlord shall, within a commercially reasonable time not to exceed [___] business days, engage a Licensed Pest Control Professional to perform an Inspection and, if necessary, treatment using IPM standards.

3.5 Ongoing Obligations – Tenant
a. Tenant shall maintain the Premises in a clean and sanitary condition, including proper food storage and waste disposal, so as not to attract Covered Pests.
b. Tenant shall promptly (and in any event within twenty-four (24) hours) notify Landlord in writing of any sighting or evidence of Covered Pests.
c. Tenant shall fully cooperate with all Inspection and treatment activities, including by:
(i) granting access to the Premises as scheduled on not less than forty-eight (48) hours’ notice (except in emergency);
(ii) complying with all preparation instructions (e.g., laundering, bagging, furniture movement); and
(iii) temporarily vacating the Premises if required by the Licensed Pest Control Professional.

3.6 Treatment Procedures
a. All treatments shall follow IPM principles and comply with manufacturer instructions and Applicable Law regarding pesticide use, notification, and resident re-entry intervals.
b. Landlord (or its contractor) shall provide Tenant with safety information and any legally required notices at least twenty-four (24) hours prior to treatment.

3.7 Cost Allocation
a. Landlord shall bear all reasonable costs of Inspection and treatment, except as provided in Subsection (b).
b. If the Licensed Pest Control Professional reasonably determines, and documents in writing, that an infestation was caused by Tenant’s (or Tenant’s guest’s or pet’s) negligent or willful act or failure to maintain sanitary conditions, Tenant shall reimburse Landlord for:
(i) the actual cost of Inspection and treatment; and
(ii) any additional costs incurred to correct resulting damage.
c. Tenant’s reimbursement obligation is additional Rent and shall be due within [___] days after written demand and supporting documentation.

3.8 Conditions Precedent & Subsequent
a. Tenant’s satisfaction of the preparation requirements in Section 3.5(c) is a condition precedent to Landlord’s treatment obligations.
b. Tenant’s failure to comply may be treated as a material breach of the Lease and this Addendum.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents and warrants, to Landlord’s actual knowledge and as of the Effective Date:
(i) the Premises is free of active Covered Pest infestation (other than as disclosed in Schedule 1); and
(ii) any prior treatments were completed in compliance with Applicable Law.

4.2 Tenant represents and warrants that Tenant has received and reviewed (a) this Addendum, (b) any Schedule 1 disclosures, and (c) any available manufacturer safety data sheets for pesticides to be used.

4.3 Survival. The representations and warranties in this Section survive execution and shall be deemed restated on each date of performance under this Addendum.

5. COVENANTS & RESTRICTIONS

5.1 Tenant covenants not to apply any over-the-counter pesticide or engage any pest control service without Landlord’s prior written consent, except in an emergency posing immediate risk to health or safety.

5.2 Tenant shall not obstruct or inhibit access for Inspection or treatment.

5.3 Landlord covenants to use commercially reasonable efforts to schedule Inspection and treatment at times reasonably convenient to Tenant.

5.4 Notice & Cure
a. Any notice required under this Addendum shall be given in accordance with the notice provisions of the Lease.
b. A party alleging a breach must give written notice and a cure period of [___] days, except in emergencies or where a shorter period is permitted under the RLTC.

6. DEFAULT & REMEDIES

6.1 Events of Default – Tenant
a. Failure to timely reimburse costs pursuant to Section 3.7.
b. Failure to grant access or cooperate as required in Section 3.5.
c. Breach of any covenant in Section 5.

6.2 Tenant Cure Opportunity. Landlord shall provide written notice of default and [___] days to cure (or such shorter period as permitted by Applicable Law) before exercising remedies.

6.3 Landlord Remedies. Upon a Tenant default, Landlord may:
(i) perform the obligation on Tenant’s behalf and charge Tenant actual costs as additional Rent;
(ii) recover damages, costs, and attorney fees as allowed by Applicable Law; and
(iii) pursue termination and possession in accordance with the RLTC.

6.4 Events of Default – Landlord
a. Failure to perform Inspection or treatment obligations within required time frames.

6.5 Tenant Remedies. In addition to any self-help or abatement rights afforded under the RLTC, Tenant may seek injunctive relief compelling Landlord to remediate habitability defects.

7. RISK ALLOCATION

7.1 Indemnification
a. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any third-party claims, losses, or costs (including reasonable attorney fees) arising out of an infestation caused by Tenant’s negligence, willful misconduct, or breach of this Addendum.
b. Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against any third-party claims, losses, or costs arising out of Landlord’s failure to fulfill its obligations under this Addendum or Applicable Law.

7.2 Limitation of Liability
To the fullest extent permitted by Applicable Law, neither party shall be liable to the other for any consequential, incidental, special, or punitive damages; each party’s liability is limited to actual, direct damages.

7.3 Insurance
Tenant is advised to obtain renter’s insurance that covers property damage due to Covered Pests. Landlord shall maintain property insurance as required by the Lease.

7.4 Force Majeure
Performance is excused during any period, and to the extent, that performance is prevented by events beyond the reasonable control of the performing party (excluding financial incapacity), provided that prompt notice is given and diligent efforts to resume performance are undertaken.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles.

8.2 Forum Selection
Any action arising under the Lease or this Addendum shall be brought exclusively in the Justice of the Peace Court of the State of Delaware (Housing Division) having jurisdiction over the Premises.

8.3 Arbitration
Arbitration is expressly excluded; the parties reserve all judicial remedies.

8.4 Jury Trial
The parties acknowledge that Delaware law affords a constitutional right to trial by jury in certain civil actions and hereby do not waive such right.

8.5 Injunctive Relief
Nothing in this Addendum limits either party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or to prevent irreparable harm.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties. A waiver of any breach is not a waiver of any other or subsequent breach.

9.2 Assignment & Delegation
Tenant may not assign the Lease or delegate duties without Landlord’s prior written consent except as expressly permitted by the Lease and Applicable Law.

9.3 Successors & Assigns
This Addendum is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.

9.4 Severability
If any provision is held unenforceable, the remainder will be enforced to the maximum extent permissible, and the unenforceable portion will be reformed to the minimum extent necessary to render it enforceable.

9.5 Integration
This Addendum constitutes the entire agreement of the parties with respect to the subject matter and supersedes all prior or contemporaneous oral or written agreements. Except as modified hereby, the Lease remains in full force and effect.

9.6 Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures delivered via electronic means (e.g., DocuSign, PDF) are deemed original and binding.

[// GUIDANCE: Delaware does not require notarization of residential leases shorter than a term of more than one year; confirm client practice before removing or including a notary block.]

10. EXECUTION BLOCK

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

[OPTIONAL NOTARIZATION – complete only if required]

SCHEDULE 1

Past Treatment/Infestation Disclosure
[Complete only if Section 3.1(a) indicates prior treatment]

[End of Addendum]