PEST CONTROL DISCLOSURE AND ADDENDUM
to Residential Lease Agreement – State of Michigan
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Disclosure of Known Pest History
3.2 Inspection & Ongoing Monitoring
3.3 Landlord Obligations
3.4 Tenant Obligations & Cooperation
3.5 Treatment Procedures & Access
3.6 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Pest Control Disclosure and Addendum (this “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] (“Landlord”), whose notice address is [LANDLORD NOTICE ADDRESS]; and
• [TENANT LEGAL NAME(S)] (“Tenant,” collectively if more than one), whose notice address is [TENANT NOTICE ADDRESS].
This Addendum supplements and is incorporated by reference into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential dwelling located at [PROPERTY ADDRESS] (the “Leased Premises”). Capitalized terms used but not defined herein have the meanings ascribed in the Lease.
Recitals
A. Michigan’s landlord-tenant law imposes a statutory duty on landlords to maintain rental premises in a condition fit for habitation, which includes reasonable pest control. See Mich. Comp. Laws § 554.139.
B. The parties desire to establish clear rights and obligations regarding pest prevention, inspection, treatment, and cost allocation to promote habitability and minimize disputes.
C. In consideration of the mutual covenants herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows.
2. DEFINITIONS
For purposes of this Addendum, the following terms have the meanings set forth below. Any term not expressly defined herein has the meaning set forth in the Lease.
“Addendum” – This Pest Control Disclosure and Addendum to Residential Lease Agreement.
“Actual Damages” – Documented, out-of-pocket losses (exclusive of consequential, special, or punitive damages) proven by reasonable evidence.
“Cost Allocation” – The assignment of financial responsibility for Treatment pursuant to Section 3.6.
“Designated Notice” – Written notice delivered in the manner prescribed by Section 9.3.
“Infestation” – The presence of one (1) or more Pests in sufficient number to affect habitability as defined by applicable housing codes.
“Pest” or “Pests” – Any rodent, insect (including bedbugs and cockroaches), arachnid, or other vermin commonly regarded as a nuisance or health hazard under applicable law.
“Qualified Pest Control Professional” – A person or entity licensed or certified under Michigan law to perform pest control services.
“Treatment” – Any inspection, chemical or non-chemical application, or other reasonable method to eradicate or control Pests.
3. OPERATIVE PROVISIONS
3.1 Disclosure of Known Pest History
Landlord discloses that, to Landlord’s actual knowledge as of the Effective Date, the Leased Premises:
☐ have not experienced a material Infestation within the preceding twelve (12) months; or
☐ have experienced the following Infestation(s) and Treatment(s): [DISCLOSE DETAILS].
[// GUIDANCE: If no known infestation, check first box; otherwise summarize dates, pests, and remedies.]
3.2 Inspection & Ongoing Monitoring
(a) Initial Inspection. Within five (5) business days after Tenant’s possession date, Landlord shall cause a Qualified Pest Control Professional to inspect the Leased Premises at Landlord’s expense.
(b) Periodic Monitoring. Landlord may conduct reasonable follow-up inspections upon forty-eight (48) hours’ advance notice, except in emergencies. Tenant shall provide access as required by Section 3.5.
3.3 Landlord Obligations
(a) Habitability. Landlord shall, at Landlord’s expense, maintain the Leased Premises in compliance with Mich. Comp. Laws § 554.139 and all applicable state or local housing codes.
(b) Timely Treatment. Upon receipt of Designated Notice of Infestation, Landlord shall, within a commercially reasonable period not to exceed seven (7) calendar days (absent Force Majeure as defined in Section 7.4), engage a Qualified Pest Control Professional to evaluate and, if necessary, commence Treatment.
(c) Documentation. Landlord shall maintain written records of inspections and Treatments and, upon written request, provide copies to Tenant.
3.4 Tenant Obligations & Cooperation
(a) Cleanliness. Tenant shall maintain the Leased Premises in a sanitary condition, including proper food storage and timely disposal of garbage.
(b) Prompt Notice. Tenant shall provide Designated Notice to Landlord of any suspected Infestation within forty-eight (48) hours of discovery.
(c) Preparation & Access. Tenant shall comply with all reasonable preparation instructions issued by the Qualified Pest Control Professional and shall grant access to the Leased Premises during normal business hours for inspection and Treatment.
(d) Prohibited Conduct. Tenant shall not knowingly introduce Pests (e.g., through infested furniture or bedding) or interfere with Treatment.
3.5 Treatment Procedures & Access
(a) Entry. Landlord and its agents may enter the Leased Premises for inspection or Treatment upon not less than twenty-four (24) hours’ notice, or immediately in an emergency.
(b) Safety. Treatments will use products registered and permitted under applicable federal and state regulations. Tenant may request Material Safety Data Sheets (MSDS) prior to application.
3.6 Cost Allocation
(a) Landlord Responsibility. Landlord shall bear all reasonable, documented costs of inspection and Treatment unless Tenant is At-Fault (as defined below).
(b) Tenant At-Fault. “At-Fault” means an Infestation (i) caused by Tenant’s violation of Section 3.4, or (ii) occurring exclusively within the Leased Premises and not attributable to structural or common-area conditions.
(c) Reimbursement Mechanism. If Tenant is At-Fault, Tenant shall reimburse Landlord for all reasonable costs of inspection and Treatment within ten (10) days after Landlord’s demand and supporting invoices. Such reimbursement constitutes Additional Rent under the Lease and is subject to the Lease’s late-payment remedies.
[// GUIDANCE: Adjust reimbursement timeline to align with existing Lease payment cycles.]
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full authority to enter into this Addendum and that the individual executing on its behalf is duly authorized.
4.2 Landlord Warranty. Landlord warrants that any Treatment will be performed by a Qualified Pest Control Professional in compliance with applicable law and product labeling.
4.3 Tenant Warranty. Tenant represents that, to Tenant’s knowledge, Tenant has not introduced any Pests to the Leased Premises prior to the Effective Date and that Tenant will comply with Section 3.4.
4.4 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 Affirmative Covenants. Each party shall perform, observe, and comply with all obligations set forth in this Addendum and all applicable federal, state, and local laws relating to pest control.
5.2 Negative Covenants. Tenant shall not:
(a) self-treat the Leased Premises with over-the-counter pesticides without Landlord’s prior written consent;
(b) refuse reasonable access for inspection or Treatment; or
(c) impede or delay any scheduled Treatment.
5.3 Notice & Cure. A party alleging breach of this Addendum shall provide Designated Notice specifying the nature of the breach and a cure period of:
• Three (3) business days for failure to grant access or prepare the Leased Premises;
• Seven (7) calendar days for monetary defaults; or
• Ten (10) calendar days for all other breaches.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute Events of Default under the Lease and this Addendum:
(a) Tenant’s failure to reimburse Landlord pursuant to Section 3.6(c);
(b) Tenant’s failure to provide required access after notice and cure;
(c) Landlord’s failure to commence Treatment within the time required by Section 3.3(b).
6.2 Remedies – Tenant Default. Upon Tenant default, Landlord may (i) perform Tenant’s obligations at Tenant’s expense, (ii) charge such expense as Additional Rent, and/or (iii) pursue all lawful remedies including eviction.
6.3 Remedies – Landlord Default. Upon Landlord default, Tenant may (i) obtain injunctive or declaratory relief compelling Landlord to perform its statutory duties, (ii) recover Actual Damages, and/or (iii) exercise any remedies under the Lease or applicable law.
6.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs, to the extent not prohibited by the Michigan Truth in Renting Act, Mich. Comp. Laws §§ 554.631–.641.
6.5 Cumulative Remedies. All rights and remedies are cumulative and may be exercised concurrently or separately, subject to applicable law.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, losses, and Actual Damages arising from Tenant’s breach of this Addendum or negligent introduction of Pests.
(b) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and Actual Damages arising from Landlord’s failure to comply with Section 3.3(b) or gross negligence.
7.2 Limitation of Liability. Except for (i) personal injury, (ii) statutory duties that cannot be waived, and (iii) indemnity obligations, each party’s liability under this Addendum is limited to Actual Damages.
7.3 Insurance. Landlord shall maintain property insurance covering the building structure. Tenant is advised to obtain renter’s insurance covering personal property and loss of use.
7.4 Force Majeure. Delays in inspection or Treatment caused by acts of God, governmental orders, labor disputes, or shortages of materials shall extend performance deadlines for the duration of the delay; provided, however, that Landlord shall use commercially reasonable efforts to mitigate.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute hereunder are governed by the laws of the State of Michigan, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties submit to the exclusive jurisdiction of the [COUNTY] District Court – Housing Division (or such successor court having jurisdiction over landlord-tenant matters).
8.3 Arbitration Excluded. The parties expressly agree that disputes shall not be submitted to arbitration unless mutually agreed in a subsequent written agreement.
8.4 Jury Trial. Each party hereby preserves, and does not waive, its constitutional right to a trial by jury.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek equitable or injunctive relief to enforce habitability obligations or prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties.
9.2 Assignment. Tenant may not assign or sublet the Leased Premises without Landlord’s prior written consent, except as allowed by the Lease. Any permitted assignee shall be bound by this Addendum.
9.3 Notices. All notices required under this Addendum shall be in writing and delivered (i) by certified U.S. mail, return receipt requested, (ii) by nationally recognized overnight courier, or (iii) by hand delivery with signed receipt, to the notice addresses set forth in the Document Header, or to such other address as either party may designate in writing.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remainder shall not be affected and shall be enforced to the fullest extent permitted by law.
9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties with respect to the subject matter herein and supersedes all prior representations.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Electronic signatures are deemed originals.
9.7 Compliance with Truth in Renting Act. No provision of this Addendum shall be interpreted to waive or limit Tenant’s rights or Landlord’s obligations under the Michigan Truth in Renting Act, Mich. Comp. Laws §§ 554.631–.641. Any clause found to violate said Act shall be void and severed.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| ______ | ______ |
| [PRINT NAME & TITLE] | [PRINT NAME] |
| Date: _____ | Date: _____ |
[ADD ADDITIONAL TENANT SIGNATURE LINES AS NEEDED]
[NOTARY ACKNOWLEDGMENT – use if required by local ordinance]
[// GUIDANCE:
1. Attach this Addendum to the Lease and reference it in the Lease’s list of addenda.
2. Confirm local housing code requirements (e.g., Detroit or Grand Rapids ordinances) for any additional disclosures.
3. Retain inspection and treatment records for at least four (4) years to facilitate defense of habitability claims.
4. Coordinate with your pest control vendor to ensure scheduling complies with statutory access notice requirements.
]