PEST CONTROL DISCLOSURE AND ADDENDUM

to the Residential Lease Agreement

(Massachusetts – State Sanitary Code Compliant)

[// GUIDANCE: This Addendum is intended for attachment to an existing Massachusetts residential lease (“Lease”). All bracketed items must be completed or revised before execution. Remove all guidance notes prior to final signature.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Representations & Warranties
4. Operative Provisions
   4.1 Landlord Pest-Control Obligations
   4.2 Tenant Covenants & Restrictions
   4.3 Treatment Procedures & Access
   4.4 Cost Allocation
5. Default & Remedies
6. Risk Allocation
7. Dispute Resolution
8. General Provisions
9. Execution Block

1. DOCUMENT HEADER

This Pest Control Disclosure and Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [STATE & ENTITY TYPE] (“Landlord”); and
• [TENANT LEGAL NAME] (individually and collectively, “Tenant”).

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”). The parties desire to supplement the Lease as provided herein, in furtherance of their respective obligations under the Massachusetts State Sanitary Code, 105 CMR 410.000 et seq., including 105 CMR 410.550 (Extermination of Insects, Rodents and Skunks).

For good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows.

2. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. Defined terms are capitalized and apply throughout this Addendum and, where context permits, the Lease.

1. “Building” – The structure within which the Premises is located, together with all Common Areas.
2. “Common Areas” – All areas of the Building not demised for exclusive use by any tenant.
3. “Extermination” – The elimination of Pests by any lawful method, including Integrated Pest Management (“IPM”) treatments.
4. “Infestation” – The substantial presence of one or more species of Pest in sufficient number to present a risk to health, safety, or property.
5. “Licensed Pest Control Operator” – A person or entity properly licensed under Massachusetts law to perform pest-control services.
6. “Pest” – Any insect, rodent, skunk, bedbug, cockroach, termite, or other vermin regulated by 105 CMR 410.000.
7. “Sanitary Code” – 105 CMR 410.000 et seq. (State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation).
8. “Treatment” – Any inspection, application of pesticide, heat remediation, trapping, cleaning, or other lawful pest-control activity.
9. “Working Day” – Any day other than Saturday, Sunday, or a Massachusetts legal holiday.

3. REPRESENTATIONS & WARRANTIES

3.1 Landlord Representations
a. Compliance. Landlord represents that, to the best of its knowledge as of the Effective Date, the Building and Premises are in material compliance with the Sanitary Code and are free from Infestation.
b. Prior Infestation Disclosure. Landlord has disclosed to Tenant in Exhibit A hereto all known Pest infestations or Treatments in the Premises or Building within the past twelve (12) months.

3.2 Tenant Representations
a. Condition Upon Move-In. Tenant represents that Tenant has inspected the Premises and has not observed any visual evidence of Infestation, except as Tenant may have noted in writing on Exhibit B (Move-In Condition Report).
b. Personal Property. Tenant represents that, to Tenant’s knowledge, no personal property being moved into the Premises is infested with Pests.

3.3 Survival. All representations and warranties in this Section 3 survive the expiration or earlier termination of the Lease for a period of twelve (12) months.

4. OPERATIVE PROVISIONS

4.1 Landlord Pest-Control Obligations

a. Habitability Standard. Landlord shall keep the Premises and Common Areas in a condition free from Infestation as required by the Sanitary Code.
b. Preventive Inspections. Landlord may conduct periodic preventive inspections of the Premises upon not less than twenty-four (24) hours’ prior written notice, except in cases of emergency or where otherwise permitted by law.
c. Professional Treatment. All Extermination shall be performed only by a Licensed Pest Control Operator in accordance with applicable federal and state regulations.
d. Notice of Treatment. Landlord shall provide Tenant with written notice of any scheduled Treatment at least forty-eight (48) hours in advance, stating (i) the date and approximate time, (ii) the method of Treatment, and (iii) any required Tenant preparation.

4.2 Tenant Covenants & Restrictions

a. Prompt Reporting. Tenant shall notify Landlord in writing within twenty-four (24) hours after Tenant becomes aware of any suspected Pest activity.
b. Housekeeping. Tenant shall maintain the Premises in a clean and sanitary condition to avoid conditions conducive to Infestation, including proper storage and disposal of food and trash.
c. Cooperation. Tenant shall fully cooperate with all inspections and Treatments, including:
i. Providing timely access;
ii. Completing all preparatory steps (e.g., laundering, vacuuming, bagging personal items); and
iii. Temporarily vacating the Premises if reasonably required by the Licensed Pest Control Operator.
d. Introduction of Pests. Tenant shall not knowingly or negligently introduce Pests into the Premises, including by bringing infested furniture, bedding, or personal property onto the Premises.
e. Prohibited Remedies. Tenant shall not apply over-the-counter pesticides or retain any pest-control vendor without Landlord’s prior written consent, except in an emergency posing imminent risk.

4.3 Treatment Procedures & Access

a. Integrated Pest Management. Landlord shall utilize IPM techniques whenever reasonably practicable.
b. Chemical Disclosure. Landlord shall provide Tenant with the product name, EPA registration number, and Safety Data Sheet for any pesticide to be used.
c. Entry. Entry for inspection or Treatment shall be made in accordance with Section [__] of the Lease and applicable law.

4.4 Cost Allocation

a. Landlord Responsibility. Landlord shall bear all reasonable costs of inspections and Treatments except as provided in Subsection (b).
b. Tenant Responsibility. If an Infestation is determined in writing by a Licensed Pest Control Operator to be caused by Tenant’s breach of Section 4.2, Tenant shall reimburse Landlord for:
i. The cost of all related inspections, Treatments, and repairs; and
ii. Any additional costs incurred to treat adjacent units, if required to remediate the Tenant-caused Infestation.
Reimbursement is due within ten (10) Working Days after Landlord’s written invoice.
c. No Rent Abatement. Except as mandated by the Sanitary Code or a court of competent jurisdiction, Tenant shall not be entitled to rent abatement or deduction for any period of Treatment.

5. DEFAULT & REMEDIES

5.1 Tenant Default. Any failure by Tenant to comply with Section 4.2 or to pay sums due under Section 4.4 constitutes a material default under the Lease. Upon written notice, Tenant shall have five (5) Working Days to cure. Failure to cure may result in:
a. Recovery of Landlord’s actual damages, including reasonable attorney fees;
b. Termination of the Lease in accordance with Massachusetts law; and
c. Any other lawful remedy, including injunctive relief to obtain access for Treatment.

5.2 Landlord Default. Landlord’s failure to comply with Section 4.1 constitutes a material default. Upon Tenant’s written notice, Landlord shall have a reasonable period, not to exceed seven (7) Working Days except where extension is reasonably necessary to obtain a Licensed Pest Control Operator, to commence corrective action. Tenant’s remedies include:
a. Seeking injunctive relief in Housing Court to compel compliance with the habitability requirements; and
b. Recovery of Tenant’s actual damages as permitted by law.

6. RISK ALLOCATION

6.1 Indemnification. Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its agents, and employees from and against all claims, damages, losses, and expenses, including reasonable attorney fees, arising out of the Indemnifying Party’s negligence or willful misconduct in connection with Pest control obligations.

6.2 Limitation of Liability. Except for (i) indemnity obligations under Section 6.1; (ii) claims arising from a party’s gross negligence or willful misconduct; or (iii) statutory habitability claims, each party’s liability is limited to the direct, actual damages proven to have been caused by that party, and expressly excludes consequential, incidental, punitive, or exemplary damages.

6.3 Insurance. Landlord shall maintain property and liability insurance covering the Building. Tenant is advised to maintain renter’s insurance covering personal property and displacement costs.

6.4 Force Majeure. Neither party is liable for delays or failures in performance to the extent caused by events beyond its reasonable control (other than the payment of money), including unavailability of licensed pest-control professionals. The affected party shall promptly notify the other and resume performance as soon as practicable.

7. DISPUTE RESOLUTION

a. Governing Law. This Addendum and the Lease are governed by the laws of the Commonwealth of Massachusetts and the Sanitary Code.
b. Forum Selection. All disputes arising under this Addendum shall be filed exclusively in the Massachusetts Housing Court having jurisdiction over the Building.
c. Arbitration. The parties expressly exclude arbitration.
d. Jury Trial. Each party acknowledges its constitutional right to a trial by jury and DOES NOT WAIVE that right.
e. Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or equitable relief necessary to remedy conditions affecting habitability or to enforce access for Treatment.

8. GENERAL PROVISIONS

8.1 Amendment; Waiver. No amendment or waiver of any provision of this Addendum is effective unless in writing signed by both parties. Waiver of any breach is not a waiver of any other or subsequent breach.

8.2 Assignment. Tenant may not assign this Addendum or the Lease, nor sublet the Premises, without Landlord’s prior written consent, except as expressly permitted by law.

8.3 Successors & Assigns. This Addendum binds and inures to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.

8.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions remain in full force and effect and shall be construed to fulfill the parties’ original intent to the maximum extent permissible.

8.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement between the parties concerning Pest control and supersedes all prior discussions or representations. In the event of conflict between this Addendum and the Lease, this Addendum controls.

8.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are binding to the same extent as originals.

9. EXECUTION BLOCK

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

[Notary Acknowledgment, if required under local practice]

EXHIBIT A

Landlord’s Disclosure of Prior Infestation/Treatment (Past 12 Months)
[Attach or state “None.”]

EXHIBIT B

Move-In Condition Report (Tenant to complete and return within [X] days)
[Attach form.]