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RESIDENTIAL LEASE ADDENDUM – PEST CONTROL & DISCLOSURE
(Indiana)
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[// GUIDANCE: This Addendum is intended to be attached to and made a part of a pre-existing Residential Lease Agreement (the “Original Lease”). Tailor bracketed placeholders, defined terms, and section numbers to align with the numbering system of the Original Lease.]

I. DOCUMENT HEADER

1. Parties. This Residential Lease Addendum – Pest Control & Disclosure (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. “[LANDLORD LEGAL NAME],” a [TYPE OF ENTITY / INDIVIDUAL] (“Landlord”); and
b. “[TENANT LEGAL NAME(S)],” collectively and individually (“Tenant”).

2. Premises. The leased residential dwelling located at [PREMISES ADDRESS] and any appurtenant common areas are collectively referred to herein as the “Premises.”

3. Recitals.

WHEREAS, Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Original Lease”); and

WHEREAS, the parties desire to supplement the Original Lease to set forth their respective rights and obligations concerning pest control, treatment procedures, and cost allocation in accordance with Indiana landlord-tenant law;

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.

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below:

“Addendum” has the meaning assigned in the Preamble.

“Applicable Law” means all federal, state, and local statutes, regulations, ordinances, and building, housing, or health codes governing residential tenancies in the State of Indiana, including, without limitation, Indiana Code Title 32, Article 31, and any successor provisions.

“Common Areas” means all areas of the property outside the Premises that are under Landlord’s control and available for use by multiple tenants.

“Infestation” means the presence, observed or reasonably suspected, of insects, rodents, bedbugs, cockroaches, termites, or other pests in sufficient number to adversely affect habitability, sanitation, or the structural integrity of the Premises.

“Inspection Period” means the period of [X] calendar days commencing on the Commencement Date (as defined in the Original Lease) during which Tenant must complete the Initial Inspection pursuant to Section III.3.

“Licensed Pest Control Professional” means a person or entity duly licensed under Applicable Law to perform professional pest inspection, treatment, or extermination services.

“Pest(s)” means any living organism customarily regarded as a nuisance, health hazard, or destructive vermin, including insects and rodents, but excluding domesticated animals lawfully kept as pets.

“Preventive Treatment” means any prophylactic pest control measure reasonably designed to prevent Infestation, including routine inspections, baiting, or application of approved substances.

“Treatment Notice” means written notice delivered by Landlord to Tenant at least twenty-four (24) hours before any scheduled Treatment identifying the type of Pest, the proposed method of Treatment, chemicals to be used (if any), and any required Tenant preparations.

III. OPERATIVE PROVISIONS

1. Prior Infestation Disclosure.
   a. Landlord discloses the following known history of Infestation or Treatment at the Premises within the preceding twelve (12) months:
   [DISCLOSURE DETAILS OR “NONE.”]
   b. Landlord attaches hereto as Exhibit A copies of all inspection or Treatment reports in Landlord’s possession.

2. Delivery Condition; Landlord Warranty.
   Landlord represents and warrants that, as of the Commencement Date, the Premises shall be delivered in a sanitary, safe, and reasonably Pest-free condition in compliance with Applicable Law.

3. Initial Inspection & Tenant Acknowledgment.
   a. Tenant shall, within the Inspection Period, conduct a thorough visual inspection of the Premises for evidence of Infestation.
   b. If Tenant discovers evidence of Infestation, Tenant shall provide Landlord written notice within forty-eight (48) hours.
   c. Failure to timely notify Landlord shall constitute prima facie evidence that Tenant found no Infestation upon taking possession, subject to latent conditions not reasonably discoverable.

4. Ongoing Monitoring & Tenant Obligations.
   a. Tenant shall maintain the Premises in a clean and sanitary condition to deter Pest harborage.
   b. Tenant shall promptly (within 48 hours) notify Landlord in writing of any suspected Infestation.
   c. Tenant shall comply with all pre-Treatment preparation instructions provided in any Treatment Notice.

5. Landlord Treatment Obligations.
   a. Upon receiving notice of Infestation, Landlord shall, within five (5) business days, engage a Licensed Pest Control Professional to inspect and, if necessary, treat the Premises.
   b. Landlord shall provide Tenant a Treatment Notice not less than twenty-four (24) hours before entry, except in emergencies threatening life, health, or safety.
   c. Except as otherwise provided in Section III.7, Landlord shall bear the cost of any Treatment and Preventive Treatment reasonably necessary to maintain the Premises in compliance with Applicable Law.

6. Treatment Procedures; Tenant Cooperation.
   a. Tenant shall grant the Licensed Pest Control Professional access to the Premises at the scheduled time(s) and shall follow all reasonable instructions (e.g., laundering linens, vacating for chemical application, securing pets).
   b. Failure by Tenant to cooperate may constitute a default under this Addendum and the Original Lease.

7. Cost Allocation.
   a. Landlord Costs. Routine Preventive Treatment and any Treatment for Infestation not caused by Tenant’s acts or omissions are Landlord’s responsibility.
   b. Tenant Reimbursement. If Infestation is determined by the Licensed Pest Control Professional to result from Tenant’s negligence, willful misconduct, uncleanliness, or unauthorized introduction of Pests (including through furniture or personal belongings), Tenant shall reimburse Landlord for all reasonable Treatment costs within ten (10) days after written demand, together with supporting invoices.
   c. Disputed Charges. If Tenant disputes responsibility, the parties shall promptly confer in good faith and may, at either party’s request, obtain a second opinion from an independent Licensed Pest Control Professional. Pending resolution, Tenant shall escrow the disputed amount.

8. Prohibited Actions.
   Tenant shall not (i) apply over-the-counter pesticides in a manner inconsistent with manufacturer instructions; (ii) obstruct access for inspection or Treatment; or (iii) dispose of items infested with bedbugs or other Pests in common trash areas without first sealing or labeling such items in accordance with local ordinance.

9. Habitability; Injunctive Relief.
   a. Tenant’s Remedies. If Landlord materially fails to fulfill its obligations under this Addendum, Tenant may exercise all remedies available under Applicable Law, including seeking injunctive or other equitable relief to compel compliance.
   b. Non-Waiver. Nothing herein shall be construed to waive or limit any non-waivable rights or remedies afforded to Tenant by Applicable Law regarding habitability.

10. Record-Keeping & Right of Inspection.
    Landlord shall maintain Treatment records for not less than twenty-four (24) months and, upon reasonable written request, provide Tenant access to such records. Tenant shall permit Landlord or Landlord’s agent to inspect the Premises, with reasonable advance notice, no more than [X] times per calendar year for Pest monitoring, except in emergencies.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord. Landlord represents that:
   a. All disclosures in Section III.1 are complete and accurate to the best of Landlord’s knowledge;
   b. Landlord will comply with all Applicable Law pertaining to Pest control and disclosure.

2. Tenant. Tenant represents that:
   a. Tenant has received and reviewed any disclosures and Treatment reports attached hereto;
   b. Tenant has not knowingly introduced, and will use reasonable efforts to avoid introducing, any Pests to the Premises;
   c. All personal property brought onto the Premises has been inspected by Tenant and found free of Pests.

3. Survival. The representations and warranties set forth in this Section IV shall survive the expiration or earlier termination of the Original Lease for twelve (12) months.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants.
   a. Landlord shall schedule Preventive Treatment at commercially reasonable intervals [specify frequency, e.g., quarterly].
   b. Tenant shall maintain ordinary housekeeping standards, including promptly removing garbage and storing food in sealed containers.

2. Negative Covenants.
   Tenant shall not knowingly bring onto the Premises any furniture or personal property obtained from a location known or reasonably suspected to be infested.

3. Notice & Cure.
   A party alleging breach of this Addendum shall provide written notice describing the breach and a cure period of not less than five (5) business days, unless the breach creates an imminent threat to health or safety.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Tenant Default. Any of the following shall constitute a “Tenant Default”:
   i. Failure to reimburse Landlord for Tenant-responsible Treatment costs when due;
   ii. Failure to provide access or cooperation for Treatment; or
   iii. Material breach of Section V.
   b. Landlord Default. Landlord’s failure to initiate Treatment within the timeframe required by Section III.5 or repeated non-compliance with Applicable Law constitutes a “Landlord Default.”

2. Remedies.
   a. Upon Tenant Default, Landlord may (i) treat the Premises and charge Tenant as additional rent; (ii) recover actual damages; and (iii) pursue any other remedy available under the Original Lease or Applicable Law.
   b. Upon Landlord Default, Tenant may (i) seek injunctive relief; (ii) recover actual damages; and (iii) elect remedies prescribed by Applicable Law, including repair-and-deduct or rent escrow where permitted.

3. Attorneys’ Fees. The prevailing party in any legal action arising out of this Addendum shall be entitled to an award of reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

1. Indemnification.
   a. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all claims, damages, or losses arising out of Infestation caused by Tenant’s negligence, willful misconduct, or violation of this Addendum.
   b. Landlord shall indemnify, defend, and hold harmless Tenant from and against any and all claims, damages, or losses arising out of Landlord’s failure to comply with its obligations under this Addendum or Applicable Law.

2. Limitation of Liability.
   To the fullest extent permitted by Applicable Law, neither party shall be liable to the other for any consequential, incidental, punitive, or exemplary damages; liability is limited to each party’s actual damages directly arising from a breach of this Addendum.

3. Insurance.
   Landlord strongly recommends, and may require pursuant to the Original Lease, that Tenant obtain renters’ insurance covering personal property losses that may result from Infestation.

4. Force Majeure.
   Neither party shall be liable for delay or failure in performance caused by events beyond its reasonable control (e.g., acts of God, governmental orders, or widespread supply shortages); provided, however, that obligations relating to health and safety, including Pest Treatment, shall be performed as soon as reasonably practicable.

VIII. DISPUTE RESOLUTION

1. Governing Law.
   This Addendum and any dispute arising hereunder shall be governed by the landlord-tenant laws of the State of Indiana, without regard to its conflict-of-laws principles.

2. Forum Selection.
   The parties consent to the exclusive jurisdiction of the state court of competent jurisdiction located in the county in which the Premises is situated (including any specialized housing or small-claims division, as applicable).

3. Arbitration.
   The parties expressly agree that binding arbitration is excluded; all disputes shall be resolved in the forum designated above.

4. Jury Trial.
   Each party retains and does not waive its constitutional right to a trial by jury to the extent such right exists and is not otherwise waived in the Original Lease.

5. Injunctive Relief.
   Nothing herein shall preclude either party from seeking temporary, preliminary, or permanent injunctive relief to enforce habitability-related obligations, including Pest Treatment.

IX. GENERAL PROVISIONS

1. Amendment; Waiver.
   No amendment or waiver of any provision of this Addendum shall be effective unless in writing and signed by both parties. No waiver shall constitute a waiver of any subsequent breach.

2. Assignment; Delegation.
   Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as otherwise permitted by the Original Lease.

3. Successors & Assigns.
   This Addendum shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

4. Severability.
   If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary under Applicable Law.

5. Integration.
   This Addendum, together with the Original Lease and any other addenda, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings.

6. Counterparts; Electronic Signatures.
   This Addendum may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile shall be deemed originals.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the Effective Date first written above.

LANDLORD:
______ Date: ___
[LANDLORD LEGAL NAME]
By: ____
Title: ____

TENANT(S):
______ Date: _______
[TENANT NAME]

______ Date: _______
[TENANT NAME]

(Notary acknowledgment required only if mandated by local ordinance or the Original Lease.)

END OF ADDENDUM

[// GUIDANCE:
1. Review local municipal ordinances that may impose additional disclosure or treatment requirements (e.g., specific bedbug protocols in certain Indiana cities).
2. Confirm that all cross-references to the Original Lease align with the lease’s numbering scheme.
3. Attach Exhibit A (prior inspection/Treatment reports) and any additional exhibits (e.g., Tenant preparation checklist) before execution.
4. Consider adding a separate “Bedbug Rider” if the property is in an area with heightened bedbug regulation.
5. Where this template refers to specific time periods (e.g., 48 hours, 5 business days), adjust as appropriate for client practice.
]