ADDENDUM TO RESIDENTIAL LEASE AGREEMENT

Pest Control Disclosure & Allocation of Responsibilities

State of Kansas

[// GUIDANCE: This Addendum is intended to be attached to and incorporated into an existing Kansas residential lease (the “Lease”). All bracketed items require attorney or client input before execution.]

I. DOCUMENT HEADER

1. Parties
   1.1. Landlord: [LANDLORD LEGAL NAME], a [STATE OF FORMATION] [ENTITY TYPE] with a principal address at [ADDRESS] (“Landlord”).
   1.2. Tenant: [TENANT LEGAL NAME(S)] residing at the Premises defined below (“Tenant”).

2. Recitals
   A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the real property located at [PREMISES ADDRESS] (the “Premises”).
   B. Pursuant to K.S.A. 58-2553 and the implied warranty of habitability, Landlord must provide and maintain the Premises in a fit and habitable condition, which includes reasonably adequate pest control.
   C. The parties wish to supplement the Lease to disclose existing pest conditions and to allocate ongoing pest control responsibilities, costs, and liabilities.

3. Effective Date
   This Pest Control Disclosure & Allocation of Responsibilities Addendum (the “Addendum”) is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is governed by the laws of the State of Kansas.

II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. Defined terms appear in bold when first used and are applicable throughout this Addendum.

“Affected Area” – The specific room, unit, or common area within the Premises in which a Pest Presence is confirmed.

“Inspection” – A visual and/or instrument-supported examination by a licensed pest management professional in accordance with Section III.3.

“Licensee” – A third-party pest management professional duly licensed under Kansas law.

“Pest(s)” – Any insects (including bed bugs, cockroaches, ants, termites), arachnids, rodents, or other vermin that materially affect habitability or cause property damage.

“Pest Presence” – Objective evidence of live or dead Pests, eggs, nests, droppings, harborages, or similar biological indicators.

“Treatment” – Any chemical, thermal, physical, or integrated pest management process performed by a Licensee to eradicate or control a Pest Presence.

“Warranty Period” – Thirty (30) calendar days following completion of a Treatment, unless extended by the Licensee in writing.

III. OPERATIVE PROVISIONS

1. Disclosure of Current Condition
   1.1. Landlord represents that, to its actual knowledge as of the Effective Date, the Premises [☐ is / ☐ is not] subject to any active Pest Presence.
   1.2. If “is” is checked, attach Schedule A identifying the Affected Area(s) and describing all prior Treatments.

2. Landlord Obligations
   2.1. Habitability Standard. Landlord shall, at its sole cost except as expressly provided herein, keep the Premises free from any Pest Presence not caused by Tenant Misconduct (defined in Section III.4.1).
   2.2. Preventive Measures. Landlord shall:
   (a) perform routine common-area inspections at least quarterly;
   (b) seal common structural penetrations reasonably within Landlord’s control; and
   (c) keep exterior grounds free of accumulations that harbor Pests.
   2.3. Treatment. Upon receiving Notice of any Pest Presence, Landlord shall engage a Licensee within three (3) Business Days and complete Treatment within a commercially reasonable time thereafter.

3. Tenant Obligations
   3.1. Sanitation & Cooperation. Tenant shall maintain the Premises in a clean and sanitary manner, store food in sealed containers, dispose of garbage properly, and fully cooperate with Inspection and Treatment, including temporary vacating and laundering requirements.
   3.2. Notice Requirement. Tenant shall provide Landlord written notice (“Notice”) of any suspected Pest Presence within forty-eight (48) hours of discovery.
   3.3. Access. Tenant shall grant Landlord and the Licensee access to the Premises for Inspection or Treatment upon at least twenty-four (24) hours’ advance notice, except in emergencies.
   3.4. Tenant Misconduct.
   3.4.1. “Tenant Misconduct” means (a) failure to comply with Section III.3.1, (b) introduction of infested personal property, or (c) obstruction of Inspection/Treatment.
   3.4.2. If a Pest Presence is caused by Tenant Misconduct, Tenant shall bear all related Inspection, Treatment, and repair costs.

4. Treatment Procedures
   4.1. Pre-Treatment Protocol. The Licensee shall deliver a written Treatment Plan to both parties detailing scope, chemicals (if any), occupant preparation, and projected Warranty Period.
   4.2. Post-Treatment Verification. A follow-up Inspection shall occur within seven (7) days after Treatment completion; the Licensee’s written clearance report shall be conclusive absent manifest error.

5. Cost Allocation
   5.1. Costs for Inspection and Treatment attributable to ordinary wear, latent defects, or force majeure shall be paid by Landlord.
   5.2. Costs attributable to Tenant Misconduct shall be reimbursed by Tenant to Landlord as additional rent within ten (10) days of invoicing.
   5.3. Each party shall bear its own temporary lodging or incidental costs unless otherwise required by law or agreed in writing.

6. Records & Reporting
   Landlord shall maintain Treatment and Inspection records for not less than two (2) years and make them available to Tenant or regulators upon reasonable request.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Representations
   1.1. No Outstanding Violation. To the best of Landlord’s knowledge, there is no outstanding governmental citation related to Pest conditions at the Premises.
   1.2. Compliance. Landlord is, and shall continue to be, in material compliance with K.S.A. 58-2553 and all applicable Kansas Department of Agriculture pest control regulations.

2. Tenant Representations
   2.1. No Prior Infestation. Tenant has not vacated any dwelling within the past twelve (12) months due to bed bugs or other Pests, except as disclosed on Schedule B (if any).
   2.2. Truthfulness. All information provided by Tenant regarding Pest history is true, correct, and complete.

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

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants
   1.1. Each party shall perform its obligations timely and in good faith.
   1.2. Tenant shall promptly comply with all pre-Treatment preparation instructions.

2. Negative Covenants
   2.1. Tenant shall not self-treat with over-the-counter pesticides without Landlord’s prior written consent.
   2.2. Landlord shall not utilize any chemical Treatment prohibited under federal or Kansas law.

3. Notice & Cure
   Except for emergencies, the non-breaching party shall provide written notice of breach and a five (5) day cure period before exercising remedies.

VI. DEFAULT & REMEDIES

1. Events of Default
   (a) Tenant’s failure to provide access for Inspection or Treatment;
   (b) Tenant’s failure to reimburse Landlord under Section III.5.2;
   (c) Landlord’s failure to initiate Treatment within the timeline in Section III.2.3.

2. Remedies
   2.1. Landlord Remedies (upon Tenant default):
   (i) perform required actions and charge Tenant as additional rent;
   (ii) pursue eviction in accordance with K.S.A. 61-3801 et seq.; and/or
   (iii) recover actual damages, reasonable attorneys’ fees, and court costs.
   2.2. Tenant Remedies (upon Landlord default):
   (i) seek injunctive relief or specific performance for habitability under K.S.A. 58-2563;
   (ii) repair and deduct pursuant to statutory limits;
   (iii) recover actual damages and reasonable attorneys’ fees.

3. Mitigation
   The non-defaulting party shall use commercially reasonable efforts to mitigate damages.

VII. RISK ALLOCATION

1. Indemnification
   1.1. By Tenant. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any third-party claims, losses, or damages arising out of Tenant Misconduct.
   1.2. By Landlord. Landlord shall indemnify, defend, and hold harmless Tenant from and against any third-party claims, losses, or damages arising out of Landlord’s breach of this Addendum or gross negligence.

2. Limitation of Liability
   Except for (i) fraud, (ii) willful misconduct, or (iii) obligations expressly required by statute, neither party shall be liable for any consequential, incidental, punitive, or special damages. Each party’s aggregate liability under this Addendum shall be limited to the direct, actual damages proved.

3. Insurance
   Landlord shall maintain property and liability insurance customary for similarly-situated landlords. Tenant is encouraged to obtain renter’s insurance covering personal property and temporary relocation expenses.

4. Force Majeure
   Performance of obligations shall be excused during, and extended for a period equal to, any delay caused by acts of God, civil authority, or other events beyond the reasonable control of the delayed party, excluding payment obligations.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Addendum and any dispute arising hereunder shall be governed by the laws of the State of Kansas, without regard to conflict-of-laws rules.

2. Forum Selection
   The parties irrevocably submit to the exclusive jurisdiction of the [COUNTY] County District Court – Housing Department (or its successor) for all actions arising out of or relating to this Addendum or the Lease.

3. Arbitration
   Arbitration is expressly excluded.

4. Jury Trial
   Nothing herein shall constitute a waiver of either party’s constitutional right to a trial by jury.

5. Injunctive Relief
   Each party acknowledges that a Pest Presence affecting habitability may cause irreparable harm; therefore, the aggrieved party may seek temporary, preliminary, and permanent injunctive relief in accordance with applicable law.

IX. GENERAL PROVISIONS

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 subsequent occasion.

2. Assignment & Delegation
   Tenant may not assign or delegate its rights or obligations under this Addendum without Landlord’s prior written consent, except as expressly permitted by the Lease.

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

4. Severability
   If any provision of this Addendum 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 its original intent.

5. Integration
   This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties concerning Pest control and supersedes all prior or contemporaneous oral or written understandings.

6. Counterparts; Electronic Signatures
   This Addendum may be executed in one or more counterparts (including via electronic signature under the Kansas Uniform Electronic Transactions Act), each of which shall be deemed an original, but all of which together constitute one instrument.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Pest Control Disclosure & Allocation of Responsibilities Addendum as of the Effective Date.

[Optional Notary Acknowledgment Block per K.S.A. 53-501 et seq. if required by local practice]

Schedule A

(Current Pest Presence & Treatment History)
[Attach if applicable]

Schedule B

(Tenant Prior Infestation Disclosure)
[Attach if applicable]

[// GUIDANCE: Attorneys should confirm county-specific housing court jurisdiction designations, verify compliance with any local ordinances (e.g., Wichita § 8.10), and confirm integration with the master Lease’s notice provisions.]