RESIDENTIAL LEASE ADDENDUM
PEST DISCLOSURE & CONTROL (MAINE)
[// GUIDANCE: Attach this Addendum to, and incorporate it by reference into, the parties’ primary Residential Lease Agreement (“Master Lease”). Capitalized terms not defined herein have the meanings ascribed to them in the Master Lease.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Addendum Title: Residential Lease Addendum – Pest Disclosure & Control (the “Addendum”)
1.2 Parties:
(a) “Landlord”: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
(b) “Tenant”: [TENANT LEGAL NAME(S)]
1.3 Premises: [STREET ADDRESS, CITY, MAINE ZIP] (the “Premises”)
1.4 Master Lease Date: [EFFECTIVE DATE OF MASTER LEASE]
1.5 Addendum Effective Date: [DATE] (the “Effective Date”)
1.6 Recitals:
WHEREAS, Maine law imposes duties upon residential landlords with respect to pests, including but not limited to bedbug infestations, see 14 M.R.S. § 6021 & § 6021-A (2023); and
WHEREAS, the Parties desire to allocate responsibility, disclosure obligations, and procedures for pest control in accordance with such law and the Master Lease;
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Addendum:
2.1 “Act” means the Maine landlord-tenant statutes, 14 M.R.S. §§ 6001 et seq., as amended.
2.2 “Actual Damages” has the meaning set forth in Section 7.2.
2.3 “Common Areas” means all areas of the property outside the Premises that are under Landlord’s control.
2.4 “Infestation” means the presence of Pests in sufficient number to materially affect habitability, health, or reasonable comfort of occupants.
2.5 “Licensed Pest Professional” means a person or entity duly licensed under Maine law to perform pest inspection and treatment.
2.6 “Notice of Infestation” has the meaning set forth in Section 3.2(a).
2.7 “Pests” means rodents, insects (including bedbugs, cockroaches, ants, and fleas), arachnids, or other vermin listed by the Maine Center for Disease Control or the U.S. Environmental Protection Agency as vectors or nuisances.
2.8 “Treatment” means inspection, application of pesticides, heat treatment, exclusion work, or any other commercially reasonable remediation method performed by a Licensed Pest Professional.
3. OPERATIVE PROVISIONS
3.1 Habitability Warranty; Initial Condition.
(a) Landlord warrants that, as of the commencement of the Master Lease, the Premises and Common Areas are free of any Infestation.
(b) Landlord shall provide Tenant, at or before move-in, a written statement disclosing the most recent inspection date and results for bedbugs and any other material Pest issues affecting the Premises within the preceding twelve (12) months.
3.2 Tenant Inspection & Reporting Obligations.
(a) Tenant shall inspect the Premises within seventy-two (72) hours after taking possession. Any suspected Infestation must be reported in writing to Landlord (“Notice of Infestation”) within said period, failing which the Premises shall be deemed delivered free of Infestation, subject to latent conditions.
(b) During the Lease Term, Tenant shall promptly (and in no event later than forty-eight (48) hours) notify Landlord upon becoming aware of any suspected Pest activity.
3.3 Access for Inspection and Treatment.
(a) Upon forty-eight (48) hours’ prior notice (or such shorter period as required by the Act), Tenant shall provide Landlord and its agents access to the Premises for the purposes of inspection, treatment, and follow-up visits.
(b) Failure by Tenant to provide timely access constitutes a material breach of this Addendum and of the Master Lease.
3.4 Treatment Procedures.
(a) Landlord shall, within five (5) business days after receiving a Notice of Infestation, schedule an inspection by a Licensed Pest Professional, consistent with 14 M.R.S. § 6021-A(2).
(b) If an Infestation is confirmed, Landlord shall commence Treatment within ten (10) business days, or such shorter period as may be required under applicable law, and shall exercise commercially reasonable diligence until eradication has been verified.
(c) Tenant shall comply with all reasonable preparation and post-Treatment protocols supplied by the Licensed Pest Professional (e.g., laundering bedding at prescribed temperatures, decluttering, vacuuming).
3.5 Cost Allocation.
(a) Landlord shall bear all reasonable and necessary costs of inspection and Treatment (“Pest Costs”) except as provided in subsection (b).
(b) If the Licensed Pest Professional provides written evidence that Tenant, Tenant’s occupants, guests, pets, or invitees caused or materially contributed to the Infestation (e.g., by poor housekeeping, introducing infested furniture, or obstructing access), Tenant shall reimburse Landlord for Pest Costs within thirty (30) days after receipt of an itemized invoice.
(c) Any reimbursement obligation not timely paid shall constitute Additional Rent under the Master Lease.
3.6 Temporary Relocation.
(a) If Treatment requires Tenant’s temporary relocation, Landlord shall provide comparable alternative accommodations or a daily rent abatement, at Landlord’s election, until the Premises are deemed habitable by the Licensed Pest Professional.
(b) Relocation costs beyond rent (e.g., meals, transportation) shall be Tenant’s responsibility unless otherwise required by the Act.
3.7 Prohibited Actions. Tenant shall not:
(i) apply over-the-counter pesticides in a manner inconsistent with label directions;
(ii) introduce used furniture, mattresses, or textiles without first inspecting for Pests; or
(iii) dispose of infested items except in sealed containers and in compliance with local ordinances.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each Party represents it has full right, power, and authority to enter into this Addendum.
4.2 Landlord’s Additional Warranties.
(a) Landlord holds all licenses and permits required to manage the Premises.
(b) To Landlord’s knowledge, no citation or governmental order concerning Pest conditions at the Premises is outstanding as of the Effective Date.
4.3 Tenant’s Additional Warranties.
(a) Tenant has received a copy of the informational brochure “Bedbugs and You” (or any successor document required under 14 M.R.S. § 6021-A(6)).
(b) Tenant has not knowingly brought any personal property currently infested with Pests into the Premises.
4.4 Survival. All representations and warranties survive the expiration or earlier termination of the Master Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Landlord Covenants. Landlord shall:
(a) maintain a proactive Pest monitoring program for Common Areas; and
(b) maintain records of inspections and Treatments for at least three (3) years and make them available to Tenant upon written request.
5.2 Tenant Covenants. Tenant shall:
(a) maintain the Premises in a clean and sanitary condition;
(b) store food in sealed containers; and
(c) cooperate fully with all inspection and Treatment schedules.
5.3 Non-Compliance & Cure. Upon written notice of breach of any covenant, the breaching Party shall cure within five (5) business days or such shorter statutory period as the Act may require.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute an “Event of Default”:
(a) failure by Tenant to provide access as required in Section 3.3;
(b) failure by Tenant to pay Pest Costs due under Section 3.5(b);
(c) failure by either Party to comply with Treatment Procedures after notice and cure period.
6.2 Remedies.
(a) Landlord Remedies. Upon Tenant default, Landlord may exercise all rights under the Master Lease and Maine law, including termination, recovery of Actual Damages, and reasonable attorney fees.
(b) Tenant Remedies. Upon Landlord default, Tenant may pursue the habitability remedies set forth in 14 M.R.S. § 6026, including rent withholding, injunctive relief, or termination, after providing required statutory notice.
(c) Graduated Enforcement. Parties shall first seek informal resolution; failing that, written notice; failing cure, formal remedies.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from all third-party claims arising from Landlord’s breach of its obligations under this Addendum or gross negligence in performing Treatment.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from all third-party claims arising from Tenant’s breach of this Addendum or Tenant-caused Infestations.
7.2 Limitation of Liability. Except for indemnity obligations, willful misconduct, or damages mandated by statute, each Party’s liability to the other is limited to direct, actual damages proven (“Actual Damages”); consequential, punitive, or speculative damages are waived.
7.3 Insurance. Tenant is encouraged, but not required, to obtain renter’s insurance covering property losses related to Pests.
7.4 Force Majeure. Landlord’s performance is excused to the extent delayed by events beyond its reasonable control, excluding failure to engage qualified Pest control vendors.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the Act and other applicable laws of the State of Maine, without regard to conflict-of-laws principles.
8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the [COUNTY] Housing Court of the State of Maine (or any successor court having subject-matter jurisdiction).
8.3 Arbitration. The Parties expressly agree that binding arbitration is excluded.
8.4 Jury Trial. The Parties acknowledge their constitutional right to a jury trial and do not waive such right.
8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary, preliminary, or permanent injunctive relief, including habitability-related orders.
9. GENERAL PROVISIONS
9.1 Amendments. No amendment or waiver is effective unless in a writing signed by both Parties.
9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted under the Master Lease.
9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, and permitted assigns.
9.4 Severability. Any unenforceable provision is deemed modified to the minimum extent necessary to make it enforceable; the remainder remains in full force.
9.5 Integration. This Addendum, together with the Master Lease, constitutes the entire agreement on the subject matter and supersedes all prior understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., via PDF or E-Sign platforms) are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: _____
Name: [TYPED NAME]
Title: [CAPACITY]
Date: _____
TENANT(S):
1. ______
Signature
Printed Name: [TENANT 1 NAME]
Date: __
-
Signature
Printed Name: [TENANT 2 NAME]
Date: __
[Add more signature lines as needed]
[// GUIDANCE: Maine does not generally require notarization of residential leases or addenda. If the Master Lease is notarized, consider notarizing this Addendum for consistency.]
END OF DOCUMENT