PEST CONTROL DISCLOSURE AND ADDENDUM
TO RESIDENTIAL LEASE – STATE OF FLORIDA
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Pest Control Disclosure and Addendum (the “Addendum”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”)
Tenant: [TENANT LEGAL NAME(S)] (“Tenant,” collectively if more than one)
(Each a “Party” and, collectively, the “Parties”).
WHEREAS, the Parties are parties to that certain Residential Lease dated [ORIGINAL LEASE DATE] (the “Lease”) for the residential dwelling located at [PROPERTY ADDRESS] (the “Premises”); and
WHEREAS, pursuant to Fla. Stat. § 83.51(2)(a) (2023) and other Applicable Law (as defined below), Florida landlords have specific obligations to make reasonable provisions for the extermination and prevention of pests; and
WHEREAS, the Parties wish to establish clear rights, responsibilities, and procedures regarding pest control, treatment, cost allocation, and disclosures;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. Defined terms may be used in singular or plural form as the context requires.
2.1 “Addendum” has the meaning set forth in the Document Header.
2.2 “Applicable Law” means the Florida Residential Landlord and Tenant Act, Fla. Stat. §§ 83.40–83.683, any successor statutes, and all related state, county, and municipal codes, ordinances, regulations, and health department directives governing pest control and residential habitability.
2.3 “Dwelling” means the Premises leased to Tenant under the Lease.
2.4 “Extermination” means the application of any legally-approved pesticide or integrated pest management technique by a Professional Pest Control Operator to eradicate or control Pests.
2.5 “Infestation” means the presence of Pests in sufficient number to pose an actual or potential threat to property, health, or habitability.
2.6 “Pest(s)” means insects, rodents, arachnids, arachnid-type arthropods, or other vermin including, without limitation, roaches, ants, mosquitoes, spiders, flies, bedbugs, rats, mice, and wood-destroying organisms.
2.7 “Professional Pest Control Operator” means a person or entity duly licensed under Chapter 482, Fla. Stat., to perform pest management services.
2.8 “Temporary Relocation” means the Tenant’s obligation, upon proper Written Notice, to vacate the Dwelling for not more than four (4) consecutive days to allow for Extermination, in accordance with Fla. Stat. § 83.51(2)(a).
2.9 “Tenant-Caused Infestation” means an Infestation proximately caused by Tenant’s negligence, willful misconduct, failure to maintain cleanliness, or introduction of personal property already containing Pests.
2.10 “Written Notice” means written communication delivered pursuant to § 83.56(4), Fla. Stat., and Section 9.4 of this Addendum, including electronic delivery if allowed under the Lease.
3. OPERATIVE PROVISIONS
3.1 Incorporation. This Addendum is hereby incorporated into and made part of the Lease. In the event of any conflict, the terms of this Addendum shall control with respect to pest-related matters.
3.2 Landlord’s Obligations.
(a) Initial Condition. Landlord represents that, to Landlord’s actual knowledge, the Dwelling is free of Infestation as of the Commencement Date, except as otherwise disclosed in Schedule A attached hereto.
(b) Ongoing Extermination. Landlord shall make reasonable provisions for Extermination in compliance with Applicable Law.
(c) Notice of Treatment. Landlord shall provide Tenant at least seven (7) days’ Written Notice prior to scheduling any Extermination that requires Temporary Relocation, specifying (i) the Extermination date(s); (ii) required Tenant preparations, including removal of perishables, plants, and pets; and (iii) instructions for post-treatment cleaning and re-entry.
3.3 Tenant’s Obligations.
(a) Hygiene & Housekeeping. Tenant shall maintain the Dwelling in a clean and sanitary condition to prevent attracting Pests.
(b) Prompt Reporting. Tenant shall notify Landlord in Writing of any suspected Infestation within forty-eight (48) hours of discovery.
(c) Cooperation. Tenant shall cooperate with all reasonable Extermination efforts, including preparing the Dwelling and allowing access to the Professional Pest Control Operator at reasonable times upon at least twenty-four (24) hours’ notice, or as otherwise required by Applicable Law.
(d) Personal Property Treatment. Tenant shall, at Tenant’s sole expense, treat or discard personal property identified by the Professional Pest Control Operator as a source of Infestation.
3.4 Treatment Procedures. Extermination shall be performed exclusively by a Professional Pest Control Operator using pesticides registered with the U.S. Environmental Protection Agency and approved under Chapter 487, Fla. Stat.
3.5 Access. In addition to access rights granted in the Lease and § 83.53, Fla. Stat., Tenant grants Landlord and the Professional Pest Control Operator the right to enter the Dwelling for inspection and Extermination upon reasonable notice as specified in Section 3.3(c).
3.6 Cost Allocation.
(a) Multi-Family Premises (default). For apartment or multi-family housing, Landlord shall bear all reasonable and customary costs of Extermination, except in the case of Tenant-Caused Infestation, in which event Tenant shall reimburse Landlord for all reasonable costs within ten (10) days of written demand.
(b) Single-Family or Duplex. If the Dwelling is a single-family residence or duplex, the Parties hereby [SELECT ONE: (i) allocate all Extermination costs to Landlord / (ii) allocate all Extermination costs to Tenant / (iii) allocate costs as follows: _______].
(c) Temporary Relocation Expenses. Unless otherwise required by Applicable Law, Tenant shall bear its own Temporary Relocation expenses and shall not be entitled to rent abatement for the relocation period, provided the period does not exceed four (4) days.
3.7 Failure to Prepare or Vacate. If Tenant fails to timely prepare the Dwelling or to vacate when required, Landlord may (i) reschedule Extermination at Tenant’s expense; (ii) enter the Dwelling to perform necessary preparations; and/or (iii) declare Tenant in default under Section 6.
3.8 Records & Documentation. Landlord shall maintain written records of all pest inspections, treatment invoices, and Tenant notices for at least three (3) years after the applicable treatment date and shall provide copies to Tenant upon request.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. Landlord represents and warrants that (a) Landlord has disclosed all material knowledge of past or present Infestations in Schedule A; and (b) all Extermination services will be performed in compliance with Applicable Law.
4.2 Tenant’s Representations. Tenant represents and warrants that, to Tenant’s actual knowledge, any personal property to be brought into the Dwelling is free of Pests and that Tenant has not previously experienced Infestation within the past twelve (12) months, except as disclosed in Schedule B.
4.3 Survival. The representations and warranties in this Section 4 shall survive the expiration or earlier termination of the Lease for a period of twelve (12) months.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall not (a) introduce any used furniture, mattresses, or textiles into the Dwelling without first inspecting such items for Pests; (b) apply over-the-counter pesticides without Landlord’s prior Written consent; or (c) impede ventilation, drainage, or sanitation systems that deter Pests.
5.2 Landlord Covenants. Landlord shall not apply any pesticide in a manner inconsistent with manufacturer instructions or Applicable Law, and shall furnish Tenant with the pesticide Safety Data Sheet upon request.
5.3 Monitoring. Landlord may install in-unit monitoring devices (e.g., sticky traps) that are non-toxic and unobtrusive, provided Tenant receives prior notice.
6. DEFAULT & REMEDIES
6.1 Tenant Default. Each of the following constitutes a default by Tenant:
(a) Failure to provide timely and truthful Written Notice of Infestation;
(b) Failure to comply with preparation or Temporary Relocation requirements;
(c) Refusal to grant reasonable access for Extermination; or
(d) Non-payment of costs properly allocable to Tenant under Section 3.6.
6.2 Landlord Default. Landlord’s failure to perform Extermination as required herein within a reasonable time after Written Notice from Tenant constitutes a default.
6.3 Cure Period. The defaulting Party shall have seven (7) days from receipt of Written Notice to cure (the “Cure Period”), unless a shorter period is required by Applicable Law or in the event of an emergency health hazard.
6.4 Remedies.
(a) Landlord Remedies. Upon Tenant default, Landlord may (i) perform Tenant’s obligations at Tenant’s expense; (ii) recover such expenses as additional rent; (iii) pursue eviction per §§ 83.56–83.595, Fla. Stat.; and/or (iv) seek injunctive relief for habitability.
(b) Tenant Remedies. Upon Landlord default, Tenant may (i) terminate the Lease pursuant to § 83.51(1)(a); (ii) seek actual damages; and/or (iii) request injunctive relief to compel compliance.
(c) Attorneys’ Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any third-party claims, damages, or losses arising out of Tenant-Caused Infestation or Tenant’s breach of this Addendum.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against any third-party claims, damages, or losses arising out of Landlord’s negligent or willful failure to comply with Applicable Law regarding Extermination.
7.2 Limitation of Liability. Except for (i) claims involving personal injury caused by a Party’s negligence or willful misconduct and (ii) a Party’s indemnification obligations under Section 7.1, each Party’s aggregate liability under this Addendum shall be limited to the direct, actual damages proven, and shall in no event include consequential, special, or punitive damages.
7.3 Insurance. Tenant is strongly advised to obtain renter’s insurance that covers property damage and additional living expenses arising from Infestation or Temporary Relocation. [// GUIDANCE: Add requirement here if Landlord mandates insurance.]
7.4 Force Majeure. Neither Party shall be liable for delay or failure to perform its obligations herein if such delay or failure is attributable to events beyond its reasonable control, including governmental pest quarantines or shortages of legally-approved pesticides; 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 laws of the State of Florida, without regard to its conflict-of-laws rules.
8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the [COUNTY] County Court, Housing Division (or its successor) (“State Housing Court”).
8.3 Arbitration. The Parties expressly agree that arbitration is excluded; all disputes shall be resolved in the State Housing Court identified above.
8.4 Jury Trial. Nothing herein shall be construed to waive any Party’s constitutional right to a trial by jury.
8.5 Injunctive Relief. Each Party acknowledges that breach of Sections 3, 5, or 6 may cause irreparable harm not compensable by money damages alone. Accordingly, the non-breaching Party shall be entitled to seek injunctive or other equitable relief to enforce habitability requirements without posting bond to the extent permitted by law.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both Parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.
9.2 Assignment & Delegation. Tenant may not assign the Lease or delegate obligations hereunder without Landlord’s prior Written consent, which may be withheld in Landlord’s sole discretion, subject to Applicable Law.
9.3 Successors & Assigns. This Addendum is binding upon and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns.
9.4 Notices. All notices required or permitted under this Addendum shall be given in the manner prescribed by the Lease, and copied to:
Landlord: [LANDLORD NOTICE ADDRESS & EMAIL]
Tenant: [TENANT NOTICE ADDRESS & EMAIL]
9.5 Severability & Reformation. If any provision of this Addendum is held unenforceable, the remainder shall be enforced to the maximum extent permissible, and the unenforceable provision shall be reformed to effectuate, as nearly as possible, the Parties’ original intent.
9.6 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.
9.7 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Pest Control Disclosure and Addendum as of the Effective Date first set forth above.
Landlord:
[LANDLORD LEGAL NAME]
By: _____
Name: _____
Title: _____
Date: ______
Tenant(s):
1. _____
[TENANT 1 NAME]
Date: ________
-
[TENANT 2 NAME]
Date: ____
[Add additional signature lines as necessary]
[OPTIONAL NOTARIZATION BLOCK – Use if required by local recording office.]
SCHEDULE A – LANDLORD DISCLOSURE OF KNOWN PEST HISTORY
[Insert detailed disclosure or “None.”]
SCHEDULE B – TENANT DISCLOSURE OF PRIOR INFESTATION EXPERIENCE
[Insert Tenant’s disclosure or “None.”]
[// GUIDANCE:
1. Review the cost-allocation selections in Section 3.6 to ensure they accord with Fla. Stat. § 83.51(2).
2. Verify that any single-family home delegation of extermination costs to Tenant is explicit and in a separate writing if preferred under local practice.
3. If Temporary Relocation exceeds four (4) days, consult counsel regarding rent abatement obligations.
4. Attach pesticide Safety Data Sheets before first treatment and update as formulations change.
5. Confirm local county or municipal ordinances that may impose stricter pest-control standards than statewide law.
]