RESIDENTIAL LEASE ADDENDUM

(PEST DISCLOSURE & CONTROL – STATE OF MARYLAND)

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

[// GUIDANCE: Tailor bracketed items before circulation. Cross-check all references to the “Lease” (the primary rental agreement) for consistency.]

1. DOCUMENT HEADER

Addendum Date: [EFFECTIVE DATE]
Landlord: [LANDLORD LEGAL NAME], (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)], individually and collectively (“Tenant”)
Premises: [PROPERTY ADDRESS] (the “Premises”)
Master Lease: Residential Lease dated [LEASE DATE] between Landlord and Tenant (the “Lease”)

This Residential Lease Addendum (Pest Disclosure & Control) (“Addendum”) is incorporated into and made part of the Lease. In the event of a conflict between this Addendum and the Lease, this Addendum controls solely with respect to pest-related matters.

Recitals
A. Landlord desires to lease the Premises to Tenant in habitable condition, compliant with Md. Code Ann., Real Prop. § 8-211 (warranty of habitability), and other Applicable Law.
B. The parties wish to set forth their respective rights and obligations regarding pest prevention, disclosure, treatment, and cost allocation.
C. Consideration for this Addendum is reflected in the mutual promises of the Lease and herein.

2. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings below. Undefined capitalized terms carry the meanings assigned in the Lease.

“Applicable Law” – All present or future federal, state, and local statutes, regulations, ordinances, and administrative guidance governing residential tenancies and pesticide application within Maryland.

“Infestation” – The presence, evidenced or suspected, of live or dead Pests, Pest-related debris, nesting materials, or other indications reasonably suggesting a Treatable Pest problem.

“Licensed Pest Control Operator” or “LPCO” – A pest management professional duly licensed under Applicable Law to perform inspection and treatment within Maryland.

“Notice” – Written notice delivered in accordance with the Lease; electronic transmission is permissible if the Lease authorizes electronic notices.

“Pests” – Roaches, bed bugs, rodents, ants, termites, fleas, ticks, mites, beetles, silverfish, or other insects or vermin identified by an LPCO as requiring remediation. Seasonal pollinators (e.g., bees) protected under environmental law are excluded unless they pose a direct habitability risk.

“Preventive Treatment” – Prophylactic or routine treatment designed to deter Infestation absent a confirmed Infestation.

“Treatable Infestation” – An Infestation that can be remediated through commercially reasonable pest control methods.

3. OPERATIVE PROVISIONS

3.1 Delivery Condition. Landlord represents that, to Landlord’s actual knowledge, the Premises are free of Treatable Infestation on the Commencement Date. Tenant acknowledges receipt of the inspection report, if any, attached as Exhibit A.

3.2 Ongoing Pest Control Responsibility.
(a) Common Areas. Landlord, at Landlord’s sole cost, shall provide Preventive Treatment and remediate any Infestation in common areas.
(b) Inside the Premises. Landlord shall arrange and initially pay for remediation of any Infestation not caused by Tenant’s act, omission, or negligence.

3.3 Tenant Covenants. Tenant shall:
(i) keep the Premises in sanitary condition;
(ii) store food in sealed containers;
(iii) dispose of garbage regularly;
(iv) refrain from introducing furniture, boxes, or personal property known or reasonably suspected to contain Pests; and
(v) promptly (within 24 hours) give Landlord Notice of any suspected Infestation.

3.4 Inspection & Access. Upon at least 24 hours’ Notice, Landlord and its LPCO may enter the Premises to inspect or treat for Pests, except in emergencies requiring immediate entry. Entry shall comply with Md. Code Ann., Real Prop. § 8-203(b) (advance notice of entry) and any stricter local rule.

3.5 Treatment Procedures.
(a) Notification. Landlord shall provide Tenant with written instructions at least 48 hours before any non-emergency treatment, specifying preparation steps and any required temporary vacating duration.
(b) Tenant Cooperation. Tenant shall prepare the Premises as directed by the LPCO (e.g., laundering linens, moving furniture, securing pets).
(c) Temporary Relocation. If treatment requires Tenant to vacate, Tenant shall temporarily leave the Premises at Tenant’s cost; Landlord shall not be liable for hotel or related expenses unless mandated by Applicable Law.
(d) Personal Property. Tenant is responsible for protecting personal property; Landlord is not liable for damage to or loss of personal property unless due to Landlord’s gross negligence or willful misconduct.

3.6 Cost Allocation.
(a) Landlord Cost. Landlord bears the cost of (i) routine Preventive Treatment and (ii) remediation of an Infestation not attributable to Tenant.
(b) Tenant Cost. If an LPCO reasonably determines that Tenant caused or materially contributed to an Infestation (e.g., by poor housekeeping or introducing infested items), Tenant shall reimburse Landlord for all treatment and follow-up costs within [15] days after demand.
(c) Disputed Determinations. If Tenant disputes causation, the parties shall jointly retain a second LPCO; its written findings shall be final and the cost shared equally.

3.7 Follow-Up Treatment. Tenant shall permit recommended follow-up visits. Failure to allow follow-up treatment constitutes a material breach of the Lease and this Addendum.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord. Landlord represents that any pesticide applied will be performed by an LPCO using products approved for residential use and in accordance with manufacturer labeling and Applicable Law.

4.2 Tenant. Tenant represents that, to Tenant’s knowledge, all personal property to be moved into the Premises is free of Pests and that Tenant has not experienced a bed-bug or similar Infestation within the preceding 12 months, or, if Tenant has, Tenant has provided a full written disclosure to Landlord.

4.3 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 Tenant shall not apply over-the-counter pesticides or engage third-party exterminators without Landlord’s prior written consent, except for minor, non-aerosol bait traps that do not contradict the LPCO’s treatment plan.

5.2 Tenant shall not refuse reasonable entry for inspection or treatment. Repeated refusal (two or more instances) constitutes a material default.

5.3 Tenant shall comply with all preparation instructions issued by the LPCO. Failure to comply that results in re-treatment will shift all additional costs to Tenant.

6. DEFAULT & REMEDIES

6.1 Events of Default. Tenant is in default if Tenant:
(a) fails to pay any amounts due under Section 3.6(b);
(b) obstructs or fails to cooperate with inspection or treatment; or
(c) violates Section 5.

6.2 Notice & Cure. Landlord shall give Tenant written Notice describing the default. Tenant shall have [3] business days to cure a cooperation default and [10] days to cure a monetary default.

6.3 Remedies. If Tenant fails to cure within the applicable period, Landlord may, in addition to rights under the Lease and Applicable Law:
(i) perform the required action at Tenant’s expense;
(ii) assess actual costs as additional rent;
(iii) seek injunctive relief to gain access or compel cooperation; and
(iv) pursue eviction for material breach consistent with Md. Code Ann., Real Prop. § 8-401.

6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs, subject to any caps in the Lease and Applicable Law.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from claims, damages, or losses arising from Landlord’s gross negligence or willful misconduct in performing pest control.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from claims, damages, or losses (including treatment costs) arising from Tenant-caused Infestation or Tenant’s breach of this Addendum.

7.2 Limitation of Liability. To the fullest extent permitted by Applicable Law, each party’s liability to the other under this Addendum is limited to actual, direct damages. Neither party shall be liable for consequential, incidental, special, or punitive damages, except where such limitation is prohibited by statute.

7.3 Insurance. Tenant is advised to obtain renter’s insurance covering personal property damage due to Infestation or treatment; Landlord’s insurance typically excludes Tenant’s personal property.

7.4 Force Majeure. Landlord’s obligations are suspended to the extent performance is prevented by events beyond Landlord’s reasonable control (e.g., governmental restrictions on pesticide use); Landlord shall resume performance promptly once feasible.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Maryland, without regard to conflict-of-laws principles.

8.2 Forum Selection. Any action arising out of this Addendum shall be filed exclusively in the District Court of Maryland, Landlord-Tenant Division, for the county in which the Premises are located (“Housing Court”), unless Applicable Law vests jurisdiction elsewhere.

8.3 Arbitration. The parties expressly agree that binding arbitration is excluded.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of the constitutional right to a jury trial where such right exists.

8.5 Injunctive Relief. Notwithstanding Section 8.2, either party may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to enforce habitability-related obligations.

9. GENERAL PROVISIONS

9.1 Amendments. This Addendum may be amended only by a writing signed by both parties.

9.2 Waiver. No waiver is effective unless in writing and signed by the waiving party. A waiver of one breach is not a waiver of any subsequent breach.

9.3 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent as provided in the Lease.

9.4 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.5 Severability. Any unenforceable provision is severed, and the remainder of the Addendum is enforceable; the court shall modify unenforceable language to the minimum extent necessary to render it valid.

9.6 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement between the parties on the subject matter. There are no oral promises or representations not contained herein.

9.7 Counterparts & Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one document. Signatures delivered by electronic means (e.g., PDF, DocuSign) are effective to bind the parties.

10. EXECUTION BLOCK

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

[Notary Acknowledgment if required under local law]

EXHIBIT A

(Optional) Initial Pest Inspection Report

[// GUIDANCE: Attach the LPCO inspection report at move-in, if available. Providing documentation strengthens Landlord’s position and evidences delivery of a pest-free unit.]

END OF ADDENDUM