Residential Lease Addendum – Pest Control Disclosure and Allocation of Responsibilities

(Illinois – Governed by Illinois State Landlord–Tenant Law)

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

1.1 Title and Parties

This Residential Lease Addendum – Pest Control Disclosure and Allocation of Responsibilities (“Addendum”) is entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:
(a) [LANDLORD LEGAL NAME], (“Landlord”), and
(b) [TENANT LEGAL NAME(S)], (“Tenant”).

1.2 Recitals

A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the residential dwelling located at [PREMISES ADDRESS] (the “Premises”).
B. Illinois law, including but not limited to the Illinois Bedbug Control Act, 410 Ill. Comp. Stat. 125/1 et seq., and the Illinois Pesticide Act, 415 Ill. Comp. Stat. 60/1 et seq., imposes specific duties on both landlords and tenants regarding pest control, treatment, and disclosure.
C. The parties desire to supplement the Lease to allocate responsibilities, establish treatment procedures, and comply with applicable law as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

2. DEFINITIONS

[// GUIDANCE: Modify or add defined terms to track Lease terminology.]

“Addendum” has the meaning set forth in Section 1.

“Actual Damages” means direct, out-of-pocket costs incurred by a Party, excluding consequential, punitive, or special damages, and subject to Section 7.3.

“Bed Bug” means Cimex lectularius and any other species of Cimex that primarily feed on human blood.

“Infestation” means the presence of Pests in sufficient number to materially affect the habitability of the Premises.

“Notice of Infestation” means written notice in conformity with Section 3.4(a).

“Pest” or “Pests” means insects, rodents, bed bugs, cockroaches, termites, or any other vermin identified by a licensed pest control professional or governmental health authority.

“Pest Control Professional” means a person or entity licensed under the Illinois Pesticide Act to perform pest inspection or extermination services.

“Premises” has the meaning set forth in the Lease.

“Treatment” means any inspection, application of pesticide, heat, or other legally approved method to eradicate Pests.

3. OPERATIVE PROVISIONS

3.1 Incorporation into Lease

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 matters.

3.2 Landlord Obligations

(a) Habitability. Landlord shall deliver and maintain the Premises in a condition fit for human habitation and free from Infestation, consistent with implied warranty of habitability standards under Illinois common law and applicable municipal codes.
(b) Initial Inspection. Within five (5) days prior to the Lease commencement, Landlord shall cause the Premises to be inspected for Pests by a Pest Control Professional and shall, upon request, provide Tenant with a copy of the inspection report.
(c) Initial Treatment. Landlord shall bear the cost of any Treatment required to eliminate Infestation discovered during the initial inspection or within thirty (30) days after Tenant’s occupancy, unless Tenant’s actions or negligence caused the Infestation.
(d) Ongoing Preventive Measures. Landlord shall:
(i) maintain building common areas in a sanitary condition,
(ii) schedule periodic inspections as reasonably necessary, and
(iii) post or deliver notices of pesticide application at least forty-eight (48) hours in advance, consistent with 415 Ill. Comp. Stat. 60/4.

3.3 Tenant Obligations

(a) Cleanliness. Tenant shall keep the Premises in a clean and sanitary condition so as not to attract Pests.
(b) Cooperation. Tenant shall cooperate fully with any Treatment, including preparing the Premises as instructed by a Pest Control Professional.
(c) Cost Responsibility for Tenant-Caused Infestation. Tenant shall be responsible for the costs of Treatment if a Pest Control Professional certifies in writing that the Infestation was likely caused by Tenant’s failure to maintain cleanliness or by Tenant introducing Pests into the Premises.
(d) Prohibition on Self-Treatment. Tenant shall not self-apply over-the-counter pesticides or engage unlicensed vendors.

3.4 Notice & Response Procedure

(a) Tenant Notice. Tenant shall provide written Notice of Infestation to Landlord within forty-eight (48) hours of discovery, including reasonable detail and, if practicable, photographic evidence.
(b) Landlord Response. Landlord shall, within five (5) business days of receipt, (i) acknowledge the Notice of Infestation in writing, and (ii) schedule inspection by a Pest Control Professional within seven (7) business days thereafter.
(c) Escalation. If Landlord fails to act within the timeframes above, Tenant may pursue remedies set forth in Section 6.2, subject to Illinois law.

3.5 Access for Treatment

Tenant shall grant Landlord and Pest Control Professionals access to the Premises upon at least twenty-four (24) hours’ prior notice, except in emergencies, to inspect and perform Treatment.

3.6 Compliance Certificates

Upon completion of Treatment, Landlord shall provide Tenant with a certificate of completion from the Pest Control Professional, including warranty period, if any.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full power and authority to execute this Addendum.

4.2 Landlord Representations. Landlord represents that, to Landlord’s knowledge, the Premises is free from current Infestation as of the Effective Date, subject to results of the initial inspection.

4.3 Tenant Representations. Tenant represents that (a) Tenant has not previously vacated a dwelling due to a Pest Infestation within sixty (60) days preceding the Effective Date, or, if so, Tenant has disclosed such facts to Landlord in writing; and (b) Tenant has reviewed any inspection reports furnished by Landlord.

4.4 Survival. The representations and warranties in this Section survive the expiration or earlier termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Continuous Compliance. Each party covenants to perform its obligations set forth herein throughout the Lease Term.

5.2 No Introduction of Pests. Tenant shall not knowingly introduce furniture, mattresses, luggage, or other property known or suspected to be Infested.

5.3 Disposal. Tenant shall dispose of infested personal property in accordance with local ordinances and shall not place such items in common areas without proper sealing and labeling.

6. DEFAULT & REMEDIES

6.1 Events of Default
(a) Tenant Default. Failure to (i) provide access for Treatment, (ii) comply with preparation instructions, (iii) pay costs allocable to Tenant under Section 3.3(c), or (iv) provide timely Notice of Infestation constitutes material default.
(b) Landlord Default. Failure to perform Treatment or otherwise comply with Section 3.2 within applicable cure periods constitutes material default.

6.2 Remedies
(a) Tenant Remedies. Upon Landlord default, Tenant may (i) seek injunctive relief compelling Treatment, (ii) recover Actual Damages, and (iii) exercise repair-and-deduct rights where permitted by law.
(b) Landlord Remedies. Upon Tenant default, Landlord may (i) charge Tenant for Actual Damages and reasonable attorney fees, (ii) perform necessary Treatment and bill Tenant, and (iii) pursue eviction pursuant to Illinois Forcible Entry and Detainer procedures.
(c) Cure Periods. Except where immediate action is required for health or safety, the non-defaulting party shall provide written notice and a five (5) business-day opportunity to cure before exercising remedies.

7. RISK ALLOCATION

7.1 Indemnification
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from Actual Damages arising from Landlord’s failure to perform obligations under Section 3.2, except to the extent caused by Tenant.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from Actual Damages arising from Tenant’s breach of Section 3.3 or introduction of Infestation.

7.2 Insurance. Each party shall maintain renter’s or property insurance, respectively, covering losses related to Infestation, subject to customary exclusions.

7.3 Limitation of Liability. Except for indemnification obligations and statutory remedies that cannot be waived, liability of either party is limited to Actual Damages.

7.4 Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond reasonable control, excluding financial incapacity.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Illinois.

8.2 Forum Selection. Any action arising hereunder shall be brought exclusively in the Housing Division (or its equivalent) of the Circuit Court in the county where the Premises is located.

8.3 Arbitration. The parties expressly exclude arbitration.

8.4 Jury Trial. The constitutional right to trial by jury is preserved; no party waives such right.

8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or equitable relief necessary to protect habitability or property.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by both parties.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without prior written consent of Landlord.

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

9.4 Severability. If any provision is held invalid, the remainder shall remain in full force, and the parties shall reform the invalid provision to conform with law and original intent.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement on pest matters, superseding all prior oral or written statements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts and by electronic signature with the same effect as originals.

10. EXECUTION BLOCK

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

[Notary acknowledgment optional under Illinois law but recommended for evidentiary purposes.]

[// GUIDANCE:
1. Attach inspection certificates or disclosure schedules if mandated by local ordinance (e.g., Chicago RLTO).
2. Review municipal pest ordinances; some municipalities (e.g., Chicago, Evanston) impose stricter timelines and cost allocations.
3. Confirm compliance with 410 ILCS 125 (bed bugs) and 415 ILCS 60 (pesticide notice) for multi-unit properties.
4. Align cure periods with any existing notice requirements in the Lease to avoid conflicting timelines.]