RESIDENTIAL LEASE

PEST DISCLOSURE & CONTROL ADDENDUM

State of Iowa

[// GUIDANCE: This Addendum is designed to be attached to and made part of an existing Iowa residential lease. Customize all bracketed terms before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Disclosure of Pest Activity
   3.2 Allocation of Responsibilities
   3.3 Treatment Procedures
   3.4 Entry & Notice
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 Pest Disclosure & Control Addendum (the “Addendum”)
Landlord: [LEGAL NAME OF LANDLORD] (“Landlord”)
Tenant(s): [LEGAL NAME(S) OF TENANT(S)] (“Tenant”)
Premises: [STREET ADDRESS, CITY, IA ZIP] (the “Premises”)
Original Lease: Residential Lease Agreement dated [LEASE DATE] (the “Lease”)
Effective Date: The later of the signature dates below (the “Effective Date”)
Governing Law: Iowa Code ch. 562A, other applicable Iowa law, and relevant federal regulations
Forum Selection: State Housing Court / Iowa District Court for [COUNTY] County

Recitals
A. Landlord and Tenant are parties to the Lease covering the Premises.
B. Iowa Code § 562A.15(1) imposes on Landlord a non-waivable duty to maintain the Premises in a fit and habitable condition, which encompasses reasonable pest control.
C. The parties desire to supplement the Lease to set forth their rights, duties, and cost allocations with respect to pest control, consistent with Iowa law.

Agreement — For good and valuable consideration, the sufficiency and receipt of which are acknowledged, the parties agree as follows:

2. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below. Capitalized terms not defined herein have the meanings assigned in the Lease.

“Addendum” has the meaning set forth in the header.
“Applicable Law” means all federal, state, and local statutes, ordinances, regulations, and case law governing landlord-tenant relations and pest control, including Iowa Code ch. 562A.
“Cost of Treatment” means all reasonable fees, charges, and expenses of inspection, remediation, follow-up visits, and replacement or disposal of personal property relating to Pest Treatment.
“Infestation” means the presence or apparent presence of Pests in or about the Premises at a level requiring Treatment under Applicable Law or industry standards.
“Pest” means any insect, rodent, arachnid, or other vermin commonly recognized as undesirable in residential housing, including but not limited to bed bugs, cockroaches, ants, fleas, termites, and mice.
“Pest Control Professional” means a licensed and insured exterminator or pest management company selected in accordance with Section 3.3.
“Treatment” or “Pest Treatment” means any inspection, application of pesticides, traps, heat, or other commercially accepted method of eliminating or preventing Infestation.

3. OPERATIVE PROVISIONS

3.1 Disclosure of Pest Activity

(a) Landlord’s Disclosure. Landlord represents that, to Landlord’s actual knowledge, the Premises [is / is not] currently subject to an Infestation. If “is,” attach a schedule describing: (i) areas affected; (ii) nature of Pest(s); (iii) past treatments; and (iv) dates of last two professional inspections.
(b) Tenant’s Initial Inspection. Tenant acknowledges that Tenant has inspected the Premises (or had the opportunity to do so) and [has / has not] observed any evidence of Infestation.

3.2 Allocation of Responsibilities

3.2.1 Landlord Obligations

i. Maintain Premises in a fit and habitable condition and comply with Iowa Code § 562A.15(1).
ii. Provide and pay for (1) an initial professional inspection no later than five (5) days prior to Move-In and (2) the first course of Treatment for any Infestation not caused by Tenant, Tenant’s guests, or occupants.
iii. Deliver written notice to Tenant of inspection findings within three (3) business days of receipt of the professional report.

3.2.2 Tenant Obligations

i. Keep the Premises in a clean and sanitary condition so as not to attract Pests.
ii. Promptly (within forty-eight [48] hours) notify Landlord in writing upon discovering or reasonably suspecting any Pest activity.
iii. Cooperate fully with all Treatment, including preparing the Premises as reasonably requested by the Pest Control Professional (e.g., laundering, bagging personal items, providing access).
iv. Refrain from using over-the-counter pesticides without Landlord’s prior written consent.

3.3 Treatment Procedures

a. Selection. Landlord shall retain a Pest Control Professional licensed in Iowa.
b. Scheduling & Notice. Except in emergencies, Landlord shall give Tenant at least twenty-four (24) hours’ advance written notice of entry for inspection or Treatment, consistent with Iowa Code § 562A.19(1).
c. Preparation Requirements. Landlord (or the Pest Control Professional) shall deliver to Tenant a detailed preparation checklist at least twenty-four (24) hours before Treatment. Failure to comply may result in rescheduling fees chargeable to Tenant under Section 5.
d. Follow-Up. Follow-up inspections shall occur as recommended by the Pest Control Professional until the Infestation is reasonably resolved.

3.4 Entry & Notice

Entry for purposes of pest inspection or Treatment shall be deemed reasonable and necessary maintenance. Landlord may enter the Premises as permitted under Iowa Code § 562A.19, subject to the notice requirements in Section 3.3(b).

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Power and Authority. Each party represents it has full right, power, and authority to enter into and perform this Addendum.
4.2 Landlord Warranty. Landlord warrants that any Treatment will be performed in accordance with manufacturer specifications, EPA labeling requirements, and Applicable Law.
4.3 Tenant Warranty. Tenant warrants that all personal property brought into the Premises has been inspected and is free of Pests to the best of Tenant’s knowledge.
4.4 Survival. The representations and warranties in this Section survive termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Tenant shall not knowingly introduce any Pest into the Premises (e.g., via infested furniture or luggage).
5.2 Tenant shall not interfere with or delay any scheduled Treatment.
5.3 Landlord shall keep all common areas in a sanitary condition and perform periodic inspections as industry standards dictate.

6. DEFAULT & REMEDIES

6.1 Tenant Default. Tenant’s failure to (i) provide required notice of Infestation, (ii) prepare the Premises, or (iii) permit access as required constitutes a material non-compliance under Iowa Code § 562A.27(1).
a. Cure Period. Landlord shall provide written notice and at least seven (7) days to cure.
b. Remedies. If uncured, Landlord may (i) perform necessary actions at Tenant’s cost; (ii) assess the Cost of Treatment as Additional Rent; and/or (iii) pursue eviction per Iowa law.

6.2 Landlord Default. Landlord’s failure to commence appropriate Treatment within seven (7) days of written notice from Tenant constitutes a material non-compliance under Iowa Code § 562A.21.
a. Tenant may seek (i) injunctive relief to compel Treatment; (ii) actual damages; or (iii) rent abatement as provided by statute.
b. If Landlord’s breach renders the Premises uninhabitable, Tenant may terminate the Lease on thirty (30) days’ written notice.

6.3 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and costs, except as limited by Iowa Code § 562A.32.

7. RISK ALLOCATION

7.1 Indemnification
a. Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from any actual damages, to the extent caused by Landlord’s breach of this Addendum or negligent failure to perform required Treatment.
b. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord from any actual damages arising from Tenant-caused Infestation or Tenant’s failure to comply with Section 3.2.2.

7.2 Limitation of Liability. Except for (i) gross negligence or willful misconduct, or (ii) liabilities that cannot legally be limited, each party’s liability under this Addendum is limited to actual, direct damages. Consequential, punitive, or exemplary damages are expressly disclaimed.

7.3 Insurance. Tenant is strongly encouraged, but not required, to obtain renters insurance covering personal property loss due to Pest Treatment.

7.4 Force Majeure. Neither party shall be liable for delay or failure to perform caused by events beyond reasonable control (other than payment of money), provided the affected party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum, and any dispute arising hereunder, is governed by the laws of the State of Iowa, without regard to conflict-of-laws principles.

8.2 Forum Selection. The parties submit exclusively to the jurisdiction of the Iowa District Court for [COUNTY] County, Housing Small Claims Division (or its successor), and waive any objection to venue therein.

8.3 Arbitration. The parties expressly opt out of arbitration; all disputes shall be resolved in court.

8.4 Jury Trial. Nothing herein is intended to waive either party’s constitutional right to a jury trial.

8.5 Injunctive Relief. Nothing in this Section limits either party’s right to seek injunctive or equitable relief, including orders compelling Treatment to preserve habitability.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver is effective only for the specific instance and purpose given.

9.2 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld. Any permitted assignee shall assume this Addendum in writing as a condition precedent.

9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, successors, representatives, and permitted assigns.

9.4 Severability. If any clause herein is held invalid or unenforceable, the remainder of the Addendum shall remain in full force, and the invalid clause shall be interpreted to the maximum extent permissible to effect its 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 pest control matters and supersedes all prior oral or written statements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Electronic, scanned, or facsimile signatures shall be deemed originals for all purposes.

10. EXECUTION BLOCK

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

[Optional Notary Block—Use if local practice requires notarization for addenda]

[// GUIDANCE: Attach any schedules or inspection reports referenced in § 3.1. Retain a fully executed copy in the tenant’s file for at least the statutory period (currently five [5] years under many municipal housing codes).]

END OF DOCUMENT