RESIDENTIAL LEASE ADDENDUM
PEST DISCLOSURE & CONTROL AGREEMENT
(Minnesota ‒ Governed by Minn. Stat. chs. 504B & 18B)
[// GUIDANCE: Attach this Addendum to—and expressly incorporate it into—the parties’ primary Residential Lease Agreement (“Lease”). Ensure signature by all parties to avoid disputes over integration.]
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
This Residential Lease Addendum – Pest Disclosure & Control Agreement (this “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”), in connection with that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential dwelling located at [PREMISES ADDRESS] (the “Premises”), situated in the State of Minnesota.
Recitals
A. Landlord and Tenant desire to define their respective rights and obligations regarding the prevention, disclosure, and remediation of pests at the Premises.
B. Minnesota law imposes a statutory warranty of habitability on residential landlords. Minn. Stat. § 504B.161 (2024).
C. Minnesota pesticide laws require advance notice to occupants of residential units prior to interior pesticide applications. Minn. Stat. § 18B.07, subd. 3 (2024).
NOW, THEREFORE, for 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, capitalized terms have the meanings set forth below; terms not defined herein have the meanings ascribed in the Lease.
“Actual Damages” – The out-of-pocket losses proved with reasonable specificity, excluding consequential, special, punitive, or exemplary damages.
“Infestation” – The presence within the Premises of live insects, rodents, vermin, or other pests in sufficient number to affect habitability or create an unreasonable risk to health or safety.
“Licensed Pest Professional” – A person or entity duly licensed under Minn. Stat. ch. 18B to perform structural pest control services.
“Pest” – Any insect, rodent, arachnid, or similar organism commonly recognized as a nuisance or health hazard, including bed bugs.
“Preventive Inspection” – A visual and/or canine inspection conducted by a Licensed Pest Professional to detect the presence of Pests or Infestation.
“Structural Pest Control” – The use of any device or pesticide inside or around a structure for the purpose of managing or eradicating Pests.
3. OPERATIVE PROVISIONS
3.1 Habitability Warranty. Landlord warrants that, as of the Commencement Date of the Lease, the Premises is free from Infestation and satisfies all obligations under Minn. Stat. § 504B.161.
3.2 Tenant Initial Disclosure. Prior to occupancy, Tenant shall complete and deliver to Landlord a written “Pest History Questionnaire” (in form supplied by Landlord) disclosing any knowledge of Pests in personal property to be brought onto the Premises. Failure to disclose shall be deemed a material breach.
3.3 Ongoing Notice Obligation. Tenant shall promptly—but in no event later than forty-eight (48) hours after discovery—notify Landlord in writing of any suspected Pest activity.
3.4 Inspection Protocol.
(a) Upon receipt of notice or upon independent suspicion, Landlord may schedule a Preventive Inspection by a Licensed Pest Professional, providing Tenant with at least twenty-four (24) hours’ advance written notice, unless an emergency threatens habitability.
(b) Tenant shall provide reasonable access and shall not interfere with the inspection.
3.5 Treatment Procedures.
(a) If an Infestation is confirmed, Landlord shall:
i. Retain a Licensed Pest Professional;
ii. Provide advance notice consistent with Minn. Stat. § 18B.07, subd. 3;
iii. Direct Tenant to comply with all preparation instructions (“Prep Protocol”);
iv. Complete Structural Pest Control treatments until Infestation is resolved.
(b) Tenant shall strictly comply with the Prep Protocol, vacate the Premises during treatment if required, and safely store or launder personal items as directed.
3.6 Cost Allocation.
(a) Landlord Responsibility. Except as provided in § 3.6(b), Landlord shall bear all reasonable costs of inspection, treatment, and follow-up monitoring.
(b) Tenant Responsibility. If a Licensed Pest Professional provides a written determination, based on reasonable evidence, that the Infestation is primarily attributable to (i) Tenant’s willful misconduct, (ii) Tenant’s failure to maintain sanitary conditions, or (iii) Pests introduced by Tenant’s personal property, then Tenant shall reimburse Landlord for (x) all reasonable inspection and treatment costs and (y) any property damage caused by such Infestation, within thirty (30) days after written demand.
3.7 Temporary Relocation / Rent Abatement. If Landlord’s treatment plan renders the Premises uninhabitable for more than twenty-four (24) consecutive hours, Landlord shall, at Landlord’s option, either:
(i) provide comparable temporary lodging at Landlord’s expense, or
(ii) grant Tenant a pro-rata abatement of Rent for each day the Premises is uninhabitable.
3.8 Prohibited Actions. Tenant shall not:
(a) apply over-the-counter pesticides that conflict with professional treatment;
(b) discard infested items in common areas without sealing and labeling “INFESTED”;
(c) refuse reasonable entry for inspection or treatment.
3.9 Survival. Tenant’s obligations under §§ 3.3, 3.5(b), and 3.6(b) survive expiration or termination of the Lease.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full power and authority to execute and perform this Addendum.
4.2 Landlord Specific. Landlord represents that all pest control contractors engaged will possess current licenses and insurance required by Minn. Stat. ch. 18B.
4.3 Tenant Specific. Tenant represents that, to Tenant’s knowledge, Tenant is not moving from a dwelling currently infested by Pests and that Tenant’s personal property is free from Infestation.
4.4 Survival. The representations and warranties herein survive execution and any subsequent amendment of the Lease for twelve (12) months.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) maintain the Premises in a clean and sanitary condition;
(b) comply with all Prep Protocols;
(c) launder clothing and bedding in hot water upon reasonable request.
5.2 Negative Covenants of Tenant. Tenant shall not knowingly introduce second-hand furniture or mattresses to the Premises without prior inspection for Pests.
5.3 Landlord Monitoring. Landlord may conduct semi-annual Preventive Inspections upon ten (10) days’ written notice and during reasonable hours.
6. DEFAULT & REMEDIES
6.1 Tenant Default. Each of the following constitutes a Tenant Default:
(a) Failure to provide timely notice under § 3.3;
(b) Failure to comply with Prep Protocol or denial of access;
(c) Non-payment of reimbursable costs under § 3.6(b).
6.2 Notice & Cure. Landlord shall provide written notice of default; Tenant shall have five (5) days to cure, except that Prep Protocol violations must be cured within twenty-four (24) hours.
6.3 Remedies. Upon uncured Tenant Default, Landlord may:
(i) perform Tenant’s obligations at Tenant’s expense;
(ii) assess such expense as Additional Rent;
(iii) pursue eviction in state housing court;
(iv) recover Actual Damages and reasonable attorney fees.
6.4 Landlord Default. Failure to initiate treatment within five (5) business days of confirmed Infestation constitutes Landlord Default. Tenant may (i) obtain injunctive relief compelling compliance and/or (ii) pursue rent abatement as permitted by law.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any third-party claims, Actual Damages, and reasonable attorney fees arising out of Tenant’s breach of this Addendum or negligent introduction of Pests.
(b) Landlord shall indemnify Tenant for claims arising out of Landlord’s gross negligence or willful failure to comply with applicable pesticide laws.
7.2 Limitation of Liability. Except for (i) personal injury or property damage caused by a party’s gross negligence or willful misconduct, and (ii) indemnification obligations above, each party’s liability arising out of this Addendum is limited to Actual Damages.
7.3 Insurance. Landlord warrants it carries property and liability insurance customary for comparable residential properties; Tenant is encouraged to procure renters’ insurance covering personal property loss due to Infestation.
7.4 Force Majeure. Delays in inspection or treatment caused by events beyond reasonable control (e.g., supply shortages, governmental restrictions) shall extend performance deadlines for a period equal to the delay, provided the affected party gives prompt notice.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and the Lease are governed by the residential landlord-tenant laws of the State of Minnesota, without regard to conflict-of-laws rules.
8.2 Forum Selection. Any action arising under this Addendum shall be brought exclusively in the Minnesota state housing court having jurisdiction over the Premises.
8.3 Arbitration Excluded. The parties expressly opt out of arbitration; all disputes shall be resolved in court.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.
8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond, to the extent permitted by law.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by both parties.
9.2 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held invalid, the remainder remains enforceable, and the invalid provision will be reformed to the minimum extent necessary.
9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding pest control matters and supersedes all prior or contemporaneous understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original; signatures transmitted electronically (e.g., PDF, DocuSign) are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT(S) |
|---|---|
| ________ | ________ |
| Name: [PRINT NAME] | Name: [PRINT NAME] |
| Title (if entity): [TITLE] | Date: [DATE] |
| Date: [DATE] | ________ |
| Name: [PRINT NAME] | |
| Date: [DATE] |
[Optional Notary Acknowledgment – attach if required by local rule or desired for evidentiary purposes.]
[// GUIDANCE:
1. Confirm local municipal ordinances (e.g., Minneapolis Code of Ordinances § 244) for additional pest disclosure rules.
2. Maintain records of inspections and treatments; they may be discoverable in habitability litigation.
3. Where bed-bug specific statutes apply, append a bed-bug rider in compliance with Minn. Stat. § 504B.
End of Addendum]