PEST CONTROL AND DISCLOSURE ADDENDUM
to Residential Lease Agreement
(State of Georgia)
TABLE OF CONTENTS
I. Document Header.............................................................1
II. Definitions..................................................................2
III. Operative Provisions........................................................4
IV. Representations & Warranties................................................7
V. Covenants & Restrictions....................................................8
VI. Default & Remedies...........................................................9
VII. Risk Allocation.............................................................10
VIII. Dispute Resolution........................................................11
IX. General Provisions.........................................................12
X. Execution Block............................................................14
[// GUIDANCE: Section and page numbers will auto-adjust in most word-processing programs. Confirm accuracy before finalizing.]
I. DOCUMENT HEADER
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Addendum Title; Parties.
This Pest Control and Disclosure Addendum (the “Addendum”) is entered into by and between [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL] (“Landlord”), and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”). -
Reference to Lease.
Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) for the residential premises located at [PROPERTY ADDRESS] (the “Premises”). -
Purpose; Consideration.
The parties desire to supplement the Lease to address pest control responsibilities in compliance with Georgia law, including the Landlord’s statutory duty to keep the Premises in repair. See O.C.G.A. § 44-7-13. -
Effective Date; Incorporation.
This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is incorporated into and made part of the Lease. In the event of a conflict between this Addendum and the Lease, this Addendum controls with respect to its subject matter.
II. DEFINITIONS
For purposes of this Addendum, the following capitalized terms have the meanings set forth below; singular includes plural and vice-versa. Terms not defined herein have the meanings given in the Lease.
“Addendum” has the meaning set forth in Section I.1.
“Applicable Law” means all federal, state, county, and municipal statutes, ordinances, regulations, codes, and common-law duties governing pest control, habitability, and landlord-tenant relations within the State of Georgia.
“Infestation Event” means the presence in or about the Premises of any Pest at a level that, in the reasonable judgment of a licensed Pest Control Service, requires Treatment.
“Pest” means any insect, rodent, arachnid, bird, or other vermin, including but not limited to roaches, ants, bed bugs, fleas, rats, mice, termites, and mosquitoes.
“Pest Control Service” means a Georgia-licensed pest control operator engaged by Landlord or Tenant, as applicable, to conduct inspections or Treatments.
“Preventive Treatment” means routine, scheduled pest management services designed to deter Infestation Events before they occur.
“Premises” has the meaning set forth in Section I.2.
“Treatment” means any pesticide application, baiting, trapping, heat, chemical, or other professional method used to eliminate or mitigate an Infestation Event.
III. OPERATIVE PROVISIONS
3.1 Landlord Obligations
3.1.1 Initial Inspection & Disclosure.
(a) Landlord certifies that, to Landlord’s actual knowledge, the Premises are free of any active Infestation Event as of the Effective Date.
(b) Landlord has provided Tenant with copies of the most recent pest inspection reports, if any, attached hereto as Exhibit A.
3.1.2 Preventive Treatment Program.
Landlord shall cause a Pest Control Service to perform Preventive Treatment at least [FREQUENCY, e.g., quarterly] during the Lease Term, or more frequently if required by Applicable Law.
3.1.3 Habitability Standard.
Landlord shall maintain the Premises in a condition fit for human habitation, inclusive of pest control responsibilities imposed by O.C.G.A. § 44-7-13 and any local housing codes.
3.2 Tenant Obligations
3.2.1 Sanitation & Cooperation.
Tenant shall (a) maintain the Premises in a clean and sanitary condition, (b) store food in sealed containers, (c) dispose of garbage regularly, and (d) cooperate fully with all inspections and Treatments, including temporary relocation of personal property if reasonably required.
3.2.2 Prompt Notice.
Tenant shall provide written notice to Landlord of any suspected Pest sighting or Infestation Event within [24/48] hours of discovery.
3.2.3 Tenant-Generated Infestation.
If an Infestation Event is determined by a Pest Control Service to be caused by Tenant’s violation of this Addendum or negligence, Tenant shall be responsible for all costs of inspection, Treatment, and any necessary re-Treatment.
3.3 Cost Allocation
(a) Landlord Costs. Landlord bears (i) the cost of routine Preventive Treatments and (ii) the cost of Treatments for Infestation Events not attributable to Tenant.
(b) Tenant Costs. Tenant bears (i) costs under Section 3.2.3, (ii) the cost of Tenant’s temporary housing or storage necessitated by Treatment, and (iii) costs arising from Tenant’s failure to timely report pursuant to Section 3.2.2.
[// GUIDANCE: Georgia law permits allocation of pest control costs so long as the allocation is clearly disclosed and does not waive the Landlord’s non-delegable duty to keep premises habitable. Keep allocations commercially reasonable.]
3.4 Treatment Procedures
(a) Landlord shall give Tenant at least [24/48] hours’ prior written notice of any scheduled Treatment, except in emergencies.
(b) Tenant shall vacate the Premises or comply with safety instructions as directed by the Pest Control Service.
(c) On completion, Landlord shall provide Tenant with written confirmation identifying chemicals used, safety data sheets, and re-entry times.
3.5 Access
Tenant shall provide Landlord and the Pest Control Service reasonable access to the Premises at dates and times mutually agreed upon, subject to the notice requirements of O.C.G.A. § 44-7-14.1 and the Lease.
3.6 Record-Keeping
Landlord shall maintain records of all pest-related notices, inspections, and Treatments for not less than three (3) years after expiration or termination of the Lease and shall furnish copies to Tenant upon request.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord Representations.
(a) Authority to execute this Addendum.
(b) Compliance with all licensing and pesticide application laws.
(c) No knowledge of pre-existing Infestation Events except as disclosed in Exhibit A.
4.2 Tenant Representations.
(a) Tenant has inspected the Premises and found no visible Pests as of the Effective Date.
(b) Tenant has not knowingly introduced any Pests from prior residences.
(c) All information supplied by Tenant in any pest questionnaire is accurate and complete.
4.3 Survival.
The representations and warranties in this Article IV survive termination or expiration of the Lease for a period of one (1) year.
V. COVENANTS & RESTRICTIONS
5.1 Prohibited Actions.
Tenant shall not apply over-the-counter pesticides or engage unlicensed pest control providers without Landlord’s prior written consent.
5.2 Compliance Covenant.
Each party covenants to comply with Applicable Law relating to pest control, including any reporting obligations to public health authorities.
5.3 No Alterations.
Tenant shall not seal vents, block drains, or otherwise alter structural or mechanical systems intended for ventilation or drainage without Landlord’s written consent.
VI. DEFAULT & REMEDIES
6.1 Events of Default (Illustrative).
(a) Tenant’s failure to allow access for Treatment after two (2) written notices within a thirty-day period.
(b) Tenant’s failure to reimburse Landlord for Tenant-borne costs within ten (10) days after written demand.
(c) Landlord’s failure to perform Preventive Treatment within sixty (60) days after required schedule.
6.2 Notice & Cure.
Except as otherwise provided herein, the non-defaulting party shall give written notice of default and a cure period of:
(i) Seventy-two (72) hours for access-related defaults;
(ii) Five (5) days for monetary defaults;
(iii) Ten (10) days for all other defaults.
6.3 Remedies.
(a) Landlord may pursue eviction remedies under Georgia’s dispossessory procedures for uncured Tenant defaults.
(b) Tenant may seek injunctive relief or rent abatement as permitted by law for Landlord’s uncured defaults relating to habitability.
6.4 Attorneys’ Fees.
The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs, subject to O.C.G.A. § 13-6-11.
VII. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, damages, and expenses (including reasonable attorneys’ fees) arising out of Tenant’s breach of this Addendum or negligence with respect to pest control.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, damages, and expenses arising out of Landlord’s breach of this Addendum or negligent failure to perform Preventive Treatment.
7.2 Limitation of Liability.
Neither party shall be liable to the other for consequential, special, or punitive damages; liability is limited to actual, direct damages proven by competent evidence.
7.3 Insurance.
Landlord shall maintain property insurance; Tenant is strongly encouraged to maintain renters’ insurance covering personal property and relocation costs.
7.4 Force Majeure.
Performance obligations are tolled to the extent delayed by events beyond a party’s reasonable control, excluding financial inability.
VIII. DISPUTE RESOLUTION
8.1 Governing Law.
This Addendum and any dispute hereunder are governed by the laws of the State of Georgia, without regard to conflicts-of-law principles.
8.2 Forum Selection.
The parties consent to the exclusive jurisdiction of the housing or other court of competent jurisdiction located in [COUNTY], Georgia.
8.3 Arbitration Excluded.
The parties expressly agree that binding arbitration shall not apply to any dispute arising under this Addendum.
8.4 Preservation of Constitutional Jury Right.
Nothing herein shall constitute a waiver of either party’s constitutional right to a trial by jury.
8.5 Injunctive Relief.
Notwithstanding any other provision, either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or to compel compliance with Treatment requirements.
IX. GENERAL PROVISIONS
9.1 Amendment; Waiver.
Except as otherwise provided herein, this Addendum may be amended only by a written instrument signed by both parties. No waiver is effective unless in writing and signed by the waiving party.
9.2 Assignment.
Tenant may not assign its interest in the Lease or this Addendum without Landlord’s prior written consent, which shall not be unreasonably withheld.
9.3 Successors & Assigns.
This Addendum is binding upon and inures to the benefit of the parties and their permitted successors and assigns.
9.4 Severability.
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
9.5 Integration.
This Addendum, together with the Lease and any exhibits or schedules, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior discussions or understandings.
9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original. Signatures delivered electronically or by facsimile are binding.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Pest Control and Disclosure Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| [LANDLORD LEGAL NAME] | [TENANT LEGAL NAME] |
| By: ______ | ______ |
| Name: ____ | Name: _______ |
| Title: _________ | Date: _______ |
| Date: ____ |
[// GUIDANCE:
1. If Landlord is an entity, include evidence of signing authority (e.g., corporate resolution).
2. Georgia does not require notarization of residential leases, but notarization or witness attestation may enhance enforceability. Confirm local practice.]
EXHIBIT A – MOST RECENT PEST INSPECTION REPORT(S)
[Attach if available; otherwise mark “None.”]