RESIDENTIAL LEASE ADDENDUM

Pest Control Disclosure & Allocation of Responsibilities

(Commonwealth of Kentucky)

[// GUIDANCE: This Addendum is designed to be attached to and incorporated into an existing Kentucky residential lease (the “Lease”). Tailor bracketed placeholders, square-bracketed optional language, and any county-specific references before execution.]

I. DOCUMENT HEADER

1. Parties.
   This Pest Control Disclosure & Allocation of Responsibilities Addendum (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (“Tenant,” and together with Landlord, the “Parties”).

2. Premises.
   The Premises subject to this Addendum are located at [STREET ADDRESS, UNIT, CITY, KY ZIP] (the “Premises”) and are currently leased pursuant to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).

3. Consideration & Incorporation.
   In consideration of the mutual covenants herein and in the Lease, the Parties agree that this Addendum is incorporated into and made a part of the Lease as though fully set forth therein. All capitalized terms used but not defined in this Addendum have the meanings assigned to them in the Lease.

4. Governing Law & Forum.
   This Addendum shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, including but not limited to the Kentucky Uniform Residential Landlord and Tenant Act (“URLTA”), Ky. Rev. Stat. Ann. §§ 383.595 et seq., where adopted. Any suit arising out of or relating to this Addendum shall be brought exclusively in the appropriate [COUNTY] District/Housing Court of Kentucky, subject to applicable jurisdictional thresholds.

II. DEFINITIONS

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

1. “Actual Damages” means direct, out-of-pocket damages proven with reasonable certainty, excluding any indirect, consequential, special, punitive, or exemplary damages.
2. “Infestation” means the presence, likely presence, or reproduction of Pests in or about the Premises at a level that materially affects habitability or violates applicable health codes.
3. “Pests” means insects, rodents, vermin, bed bugs, cockroaches, termites, fleas, spiders, ants, silverfish, and any other organisms commonly recognized as household pests under applicable health or housing codes.
4. “Professional Pest Control Operator” (“PCO”) means a pest control business or individual licensed, certified, or otherwise lawfully permitted to perform structural pest control services in Kentucky.
5. “Treatment” means any inspection, application of pesticides, heat, fumigation, trapping, exclusion, remediation, or follow-up service performed by a PCO.

III. OPERATIVE PROVISIONS

3.1 Disclosure of Current Pest Status

a. Landlord’s Initial Disclosure. Landlord represents that, to Landlord’s actual knowledge, the Premises [are / are not] presently affected by an Infestation as of the Effective Date. If “are,” attach a schedule describing the Infestation and proposed remediation.
b. Tenant’s Prior Exposure Disclosure. Tenant represents that Tenant [has / has not] within the past twelve (12) months resided in a dwelling known to be infested with bed bugs or other Pests. If “has,” Tenant must disclose details in Exhibit A.

3.2 Allocation of Routine Pest Control Obligations

a. Landlord Obligations. Pursuant to Ky. Rev. Stat. Ann. § 383.595(1)(a), Landlord shall:
i. Deliver the Premises free from Infestation at commencement of occupancy;
ii. Maintain the structural integrity (including sealing of entry points) necessary to prevent Pests; and
iii. Schedule and pay for routine, non-tenant-caused pest prevention services at intervals no less than [QUARTERLY / SEMI-ANNUALLY].
b. Tenant Obligations. Consistent with Ky. Rev. Stat. Ann. § 383.605(1), Tenant shall:
i. Keep the Premises in a clean and sanitary condition so as not to attract Pests;
ii. Promptly (and in any event within forty-eight (48) hours) notify Landlord in writing upon first evidence of Pests;
iii. Cooperate fully with any scheduled Treatment, including by granting access, preparing the Premises (laundering fabrics, bagging personal items, etc.), and vacating when required; and
iv. Refrain from self-treating with over-the-counter pesticides except minor spot applications that comply with label instructions.

3.3 Treatment Procedures & Access

a. Scheduling. Landlord shall use commercially reasonable efforts to provide Tenant with at least twenty-four (24) hours’ written notice of any Treatment, unless emergency conditions exist.
b. Entry Authorization. Tenant hereby authorizes Landlord, PCOs, and their agents to enter the Premises during reasonable hours to perform inspection and Treatment, subject to URLTA notice requirements.
c. Post-Treatment Confirmation. Landlord shall provide Tenant with a written summary of Treatment activities, chemicals used, and follow-up instructions.

3.4 Cost Allocation for Infestation

a. Landlord-Borne Costs. Landlord shall bear (i) all costs of routine preventive services, and (ii) any Treatment costs where Infestation is not reasonably attributable to Tenant’s breach of this Addendum or Lease.
b. Tenant-Borne Costs. Tenant shall be responsible for all reasonable costs of Treatment (including follow-up inspections) if a qualified PCO determines, with supporting documentation, that the Infestation was caused by Tenant, Tenant’s occupants, guests, or pets through negligent or unsanitary conduct.
c. Cost Recovery Procedure. Any Tenant-borne costs shall be deemed Additional Rent under the Lease and payable within [10] days after Landlord’s demand and supporting invoice. Failure to pay constitutes a monetary Default under Section VI.

3.5 Personal Property & Insurance

Tenant acknowledges that Treatment may require removal or destruction of personal property. Tenant is advised to carry renters’ insurance covering such losses. Landlord is not liable for damage to or loss of Tenant’s personal property arising out of Treatment, except to the extent caused by Landlord’s gross negligence or willful misconduct.

IV. REPRESENTATIONS & WARRANTIES

1. Mutual Authority. Each Party represents that it has full authority to enter into and perform this Addendum.
2. No Conflicting Agreements. Each Party warrants that execution of this Addendum does not violate any other agreement or court order to which such Party is bound.
3. Compliance with Law. Landlord warrants that all PCOs engaged will be duly licensed and will apply pesticides in accordance with federal and state laws and manufacturer labeling.
4. Survival. The representations and warranties herein survive expiration or termination of the Lease to the extent necessary to enforce obligations that arose during the Term.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants.
   a. Tenant shall comply with all reasonable preparation instructions issued by the PCO.
   b. Landlord shall remediate any structural deficiencies (cracks, leaks, etc.) that contribute to Infestation within a commercially reasonable timeframe.
2. Negative Covenants.
   a. Tenant shall not introduce used bedding, upholstered furniture, or similar items into the Premises without first inspecting for Pests.
   b. Tenant shall not interfere with or impede Treatment, nor retaliate against any person who reports Infestation.

VI. DEFAULT & REMEDIES

1. Tenant Default. Any of the following constitutes a “Pest-Related Default”:
   a. Failure to pay Tenant-borne Treatment costs when due;
   b. Failure to provide required access for inspection or Treatment;
   c. Material misrepresentation in any disclosure under Section 3.1.
2. Notice & Cure. Landlord shall deliver written notice describing the Pest-Related Default. Tenant shall have [3] days to cure monetary defaults and [24] hours to cure access defaults.
3. Remedies. If Tenant fails to timely cure, Landlord may (i) obtain injunctive relief to gain access; (ii) perform and charge Tenant as Additional Rent; (iii) recover Actual Damages; and/or (iv) pursue termination and possession pursuant to Ky. Rev. Stat. Ann. § 383.660.
4. Attorney Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and costs.

VII. RISK ALLOCATION

1. Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and its agents from and against all claims, judgments, and Actual Damages arising out of (i) the Indemnifying Party’s breach of this Addendum, or (ii) the negligent or willful acts or omissions of the Indemnifying Party, its occupants, agents, or invitees, except to the extent caused by the gross negligence or willful misconduct of the indemnified Party.
2. Limitation of Liability. Neither Party shall be liable to the other for any damages other than Actual Damages, and each Party waives all claims for special, consequential, exemplary, or punitive damages, except where such waiver is prohibited by applicable law.
3. Force Majeure. Neither Party shall be liable for delay or failure in performance caused by events beyond its reasonable control, except obligations to pay money.

VIII. DISPUTE RESOLUTION

1. Jury Trial Preservation. Each Party acknowledges and affirms its constitutional right to trial by jury and agrees that nothing in this Addendum constitutes a waiver thereof.
2. Equitable Relief. Notwithstanding any other provision of the Lease or this Addendum, either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or access rights without posting bond, to the extent permitted by law.
3. Arbitration. The Parties expressly agree that binding arbitration is excluded.

IX. GENERAL PROVISIONS

1. Amendments & Waivers. No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both Parties.
2. Assignment. Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent, except as permitted by the Lease and Kentucky law.
3. 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 deemed modified to the minimum extent necessary to make it valid.
4. Integration. This Addendum, together with the Lease and any other riders signed by the Parties, constitutes the entire agreement regarding the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
5. Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures delivered by electronic means (e.g., PDF, DocuSign) are binding to the same extent as original signatures.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the date first written above.

[// GUIDANCE: Kentucky does not require notarization of residential leases statewide; however, if the underlying Lease is notarized or if local county recording is contemplated, consider adding an acknowledgment block.]

Exhibit A

Tenant Prior Exposure Disclosure
[Attach if applicable]