RESIDENTIAL LEASE ADDENDUM
PEST CONTROL DISCLOSURE & ALLOCATION OF RESPONSIBILITIES
(Idaho)
[// GUIDANCE: Attach this Addendum to, and expressly incorporate it into, the governing Residential Lease Agreement (“Lease”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Lease.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1. Initial Inspection & Disclosure
3.2. Ongoing Monitoring & Preventive Measures
3.3. Treatment Procedures
3.4. Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Pest Control Disclosure & Allocation of Responsibilities Addendum (this “Addendum”) is made and entered into as of the ___ day of _, 20 (“Effective Date”), by and between:
• [INSERT LEGAL NAME OF LANDLORD] (“Landlord”), with a principal business address of [ADDRESS]; and
• [INSERT LEGAL NAME(S) OF TENANT(S)] (“Tenant”), residing at [LEASED PREMISES ADDRESS] (the “Premises”).
Recitals
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated _, 20 (the “Lease”) covering the Premises located in the State of Idaho.
B. Pursuant to the Lease and applicable Idaho landlord-tenant law, Landlord must deliver and maintain the Premises in a condition fit for residential use, including freedom from material pest infestation.
C. The parties desire to set forth their respective rights, duties, and liabilities concerning pest inspection, 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
For purposes of this Addendum:
“Actual Damages” means the direct, out-of-pocket costs incurred and reasonably documented, excluding consequential, incidental, punitive, or exemplary damages.
“Integrated Pest Management” or “IPM” means a coordinated decision-making and action process that minimizes the risks from pests and pesticides through inspection, monitoring, prevention, education, sanitation, and, when necessary, targeted treatment.
“Licensed Pest Professional” means an individual or entity duly licensed under Idaho law to perform structural pest control services.
“Pest(s)” means any insect, rodent, bird, or other animal life, excluding domesticated animals lawfully kept by Tenant in compliance with the Lease.
“Treatment” or “Treat” means the application of pesticides, mechanical controls, or other recognized pest eradication techniques by a Licensed Pest Professional.
3. OPERATIVE PROVISIONS
3.1 Initial Inspection & Disclosure
(a) Prior to Tenant’s occupancy, Landlord shall cause the Premises to be visually inspected by a Licensed Pest Professional and shall provide Tenant with a written report summarizing any observed pest activity.
(b) If an infestation or material evidence of Pest activity exists, Landlord shall, at Landlord’s sole cost, complete initial Treatment before the Commencement Date or within five (5) days thereafter, and shall disclose the scope of such Treatment to Tenant in writing.
3.2 Ongoing Monitoring & Preventive Measures
(a) Tenant shall maintain the Premises in a clean and sanitary condition, promptly remove trash, and store food to discourage Pest harborage.
(b) Landlord shall perform or cause to be performed periodic common-area inspections no less than semi-annually and shall implement IPM practices for the building envelope.
3.3 Treatment Procedures
(a) Upon written notice of suspected Pest activity by either party, the notified party shall, within two (2) business days, acknowledge receipt and cooperate in scheduling an inspection by a Licensed Pest Professional.
(b) If Treatment is required, it shall be performed only by a Licensed Pest Professional and in accordance with manufacturer labels, all applicable federal and state regulations, and industry best practices.
(c) Tenant shall comply with all reasonable preparation instructions issued by the Licensed Pest Professional. Failure to comply shall constitute a Tenant Default under Section 6.1(b).
3.4 Cost Allocation
(a) Landlord Obligations. Landlord shall bear 100% of Actual Damages and Treatment costs for:
(i) any infestation documented within thirty (30) days after the Commencement Date that is not reasonably attributable to Tenant’s breach of this Addendum;
(ii) any infestation originating from a common area, structural defect, or another dwelling unit under Landlord’s control; and
(iii) preventive IPM measures performed in common areas.
(b) Tenant Obligations. Tenant shall bear 100% of Actual Damages and Treatment costs for:
(i) any infestation directly caused by Tenant’s negligence, willful misconduct, failure to maintain sanitary conditions, or unauthorized pets; and
(ii) any re-Treatment made necessary by Tenant’s failure to comply with preparation or follow-up instructions.
(c) Shared Responsibility. If the Licensed Pest Professional cannot reasonably attribute causation solely to either party, costs shall be shared equally (50/50).
(d) Payment Mechanics. Amounts due from Tenant shall be deemed Additional Rent and payable within ten (10) days after delivery of an itemized invoice.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents and warrants that, to Landlord’s knowledge, no material Pest infestation exists in the Premises as of the Effective Date, except as specifically disclosed in writing.
4.2 Tenant represents and warrants that Tenant:
(a) has not experienced a known bedbug or other Pest infestation within the twelve (12) months preceding the Effective Date at any prior residence, except as disclosed on Exhibit A; and
(b) shall immediately notify Landlord in writing upon discovery of any Pest activity during the Term.
4.3 Survival. All representations and warranties contained in this Addendum shall survive termination or expiration of the Lease solely with respect to claims accruing during the Term.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall:
(a) cooperate fully with any inspection or Treatment, including temporary relocation of personal property;
(b) refrain from self-treating infestation with over-the-counter pesticides without Landlord’s prior written consent; and
(c) not introduce mattresses, furnishings, or other items known or reasonably suspected to be infested.
5.2 Landlord Covenants. Landlord shall:
(a) retain only duly Licensed Pest Professionals;
(b) provide Tenant with at least twenty-four (24) hours’ advance written notice of non-emergency entry for inspection or Treatment; and
(c) maintain records of all Treatments for at least three (3) years and make such records available to Tenant upon request.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Landlord Default. Failure to commence required Treatment within a commercially reasonable time (not to exceed five (5) business days) after a duty arises under Section 3.4(a).
(b) Tenant Default. Failure to comply with preparation instructions, refusal of access, or non-payment of amounts due under Section 3.4(b) after ten (10) days’ written notice.
6.2 Cure Periods. The defaulting party shall have five (5) business days after written notice to cure, except no cure period applies to emergency health or safety hazards.
6.3 Remedies.
(a) Tenant Remedies. If Landlord fails to cure a Landlord Default, Tenant may (i) obtain injunctive relief to enforce habitability; (ii) engage a Licensed Pest Professional to perform the required Treatment and deduct Actual Damages from Rent, not to exceed one-half month’s Rent per occurrence; or (iii) terminate the Lease upon thirty (30) days’ written notice if the infestation materially and adversely affects habitability.
(b) Landlord Remedies. Upon Tenant Default, Landlord may (i) perform required preparation or Treatment and charge Tenant as Additional Rent; (ii) recover Actual Damages; and (iii) pursue any remedies available under the Lease or Idaho law, including unlawful detainer.
6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and costs.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, liabilities, and Actual Damages arising out of Tenant’s breach of this Addendum.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, liabilities, and Actual Damages arising out of Landlord’s breach of this Addendum or failure to perform required Treatments.
7.2 Limitation of Liability. EXCEPT FOR (i) AMOUNTS EXPRESSLY INDEMNIFIED HEREUNDER OR (ii) DAMAGES ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY’S CUMULATIVE LIABILITY UNDER THIS ADDENDUM SHALL NOT EXCEED THE ACTUAL DAMAGES PROVEN. ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL, AND PUNITIVE DAMAGES ARE EXPRESSLY DISCLAIMED.
7.3 Insurance. Each party shall maintain, at its own expense, customary liability insurance in commercially reasonable amounts.
7.4 Force Majeure. Neither party shall be liable for delay or failure to perform caused by events beyond its reasonable control (excluding the financial inability to perform); provided, however, that obligations to pay money are never excused.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the laws of the State of Idaho, without regard to its conflict-of-laws principles.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [INSERT COUNTY] Housing Court (or its successor court of competent jurisdiction).
8.3 Arbitration. The parties expressly agree that binding arbitration is excluded.
8.4 Jury Trial Right Preserved. Nothing herein shall be construed as 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, and/or permanent injunctive relief to enforce habitability obligations and prevent irreparable harm.
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 future occasion.
9.2 Assignment. Tenant may not assign or delegate any rights or duties under this Addendum without Landlord’s prior written consent.
9.3 Successors & Assigns. This Addendum shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve the parties’ intent.
9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding the subject matter hereof and supersedes all prior or contemporaneous understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which shall be deemed an original. Electronic signatures and counterpart transmissions (e.g., PDF) are deemed originals and fully enforceable.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the date first written above.
Landlord:
[NAME / TITLE]
Date: _______
Tenant(s):
1. ______
[NAME]
Date: ___
-
[NAME]
Date: ______
[Add additional signature lines as necessary]
[Notary acknowledgment blocks may be inserted here if required by local practice.]
EXHIBIT A
Tenant’s Prior Pest History Disclosure
[DESCRIBE ANY KNOWN PAST INFESTATIONS OR STATE “NONE.”]
[// GUIDANCE:
1. Confirm consistency with any local city/county ordinances that supplement Idaho state law.
2. Consider delivering EPA-mandated pesticide disclosures when specific chemicals are used.
3. If the building participates in HUD or other subsidized housing programs, verify additional federal requirements.
4. Attach copies of inspection reports and Treatment invoices to streamline future dispute resolution.]