RESIDENTIAL LEASE ADDENDUM – PEST DISCLOSURE & CONTROL
State of Missouri
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 (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• Landlord: [LANDLORD LEGAL NAME], whose notice address is [LANDLORD ADDRESS] (“Landlord”); and
• Tenant: [TENANT LEGAL NAME(S)], whose notice address is the Affected Premises defined below (“Tenant”).
Recitals
A. Landlord and Tenant entered into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the residential dwelling located at [PREMISES ADDRESS] (the “Premises”).
B. Missouri law imposes duties upon landlords and tenants regarding the prevention, disclosure, and remediation of pest infestations as part of the implied warranty of habitability.
C. The parties desire to supplement the Lease to address disclosure, prevention, treatment, and allocation of responsibility for pests upon the terms set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
2. DEFINITIONS
For purposes of this Addendum, capitalized terms shall have the meanings set forth below:
“Affected Premises” means the Premises and any appurtenant areas (e.g., patios, garages, storage units) that are leased exclusively to Tenant under the Lease.
“Addendum” shall have the meaning set forth in the Document Header.
“Cost Allocation Schedule” means the then-current schedule attached hereto as Exhibit A setting forth the party responsible for Treatment Costs.
“Excessive Infestation” means an infestation that (i) materially impairs the habitability of the Affected Premises, or (ii) re-occurs after two (2) standard treatment cycles within any twelve-month period.
“Infestation” means the presence, reproduction, or activity of any Pest within or upon the Affected Premises.
“Pest(s)” means any insect, rodent, arachnid, or other vermin including, without limitation, roaches, bed bugs, ants, termites, mice, rats, fleas, or ticks.
“Pest Control Provider” means a pest-control operator duly licensed under Missouri law and any applicable municipal ordinances.
“Treatment” means inspection, application of pesticide, heat treatment, fumigation, or any other commercially reasonable remediation method recommended by a Pest Control Provider to eradicate Pests.
“Treatment Costs” means all direct third-party costs incurred for Treatment, together with reasonable preparation, disposal, and cleanup expenses.
3. OPERATIVE PROVISIONS
3.1 Incorporation. This Addendum is incorporated into and made part of the Lease. In the event of any conflict between the Lease and this Addendum, the terms of this Addendum shall govern with respect to pest-related matters.
3.2 Pre-Occupancy Disclosure by Landlord.
(a) Landlord discloses, to the best of Landlord’s knowledge after reasonable inquiry, the prior three-year pest history of the Affected Premises on Exhibit B attached hereto.
(b) Landlord shall deliver Exhibit B to Tenant not later than forty-eight (48) hours prior to the commencement of Tenant’s occupancy.
3.3 Tenant’s Initial Inspection & Acceptance.
(a) Within forty-eight (48) hours after taking possession, Tenant shall visually inspect the Affected Premises for evidence of Pests and shall complete and return the “Initial Pest Inspection Checklist” attached hereto as Exhibit C.
(b) Failure to timely deliver the checklist shall be deemed acknowledgment that Tenant found no evidence of Pests upon move-in.
3.4 Ongoing Reporting & Access.
(a) Tenant shall immediately (and in any event within twenty-four (24) hours) notify Landlord in writing upon observing any suspected Infestation.
(b) Tenant shall provide reasonable access to the Affected Premises for inspection and Treatment upon not less than twenty-four (24) hours’ advance notice, except in the event of an Emergency where no notice is required.
3.5 Treatment Procedures.
(a) Landlord shall engage a Pest Control Provider to commence Treatment within five (5) Business Days after receipt of notice of an Infestation that exceeds the Habitability Threshold or otherwise as required by applicable law.
(b) Treatment shall be performed in accordance with manufacturer instructions and all applicable federal, state, and local laws, using the least-toxic effective methods reasonably available.
(c) Tenant shall complete all preparatory steps reasonably requested by the Pest Control Provider, including laundering, bagging, and temporary removal of personal property.
3.6 Cost Allocation. Responsibility for Treatment Costs shall be determined in accordance with the Cost Allocation Schedule, subject to the following default rules:
(i) Landlord shall bear Treatment Costs arising from (A) pre-existing Infestations disclosed on Exhibit B, or (B) structural or common-area sources of Pests.
(ii) Tenant shall bear Treatment Costs arising from (A) Infestations caused by Tenant’s negligence, housekeeping, or introduction of infested personal property; (B) Tenant’s failure to comply with Section 3.4 or 3.5; or (C) Infestations limited solely to the interior of the Affected Premises after the Initial Inspection Checklist indicates no infestation.
3.7 Failure to Cooperate. Tenant’s failure to grant access or to perform required preparation under Section 3.5 may constitute a “substantial breach” of the Lease and permit Landlord to pursue the remedies set forth in Section 6.2 in addition to any remedies available under Missouri law.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. Landlord represents and warrants that:
(a) Landlord has disclosed all actual knowledge of Infestations in Exhibit B;
(b) Landlord shall cause all Treatment to be performed by a licensed Pest Control Provider in a commercially reasonable manner; and
(c) Landlord will comply with all laws concerning pesticide use and tenant notification.
4.2 Tenant’s Representations. Tenant represents and warrants that:
(a) Tenant will not knowingly introduce Pests (including through used furniture or bedding) into the Affected Premises;
(b) Tenant has reviewed Exhibit B and, except as noted on the Initial Pest Inspection Checklist, accepts the Affected Premises free of Infestation as of move-in; and
(c) Tenant will maintain the Affected Premises in a clean and sanitary condition to prevent Infestation.
4.3 Survival. The representations and warranties in this Section 4 shall survive the termination or expiration of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall:
(a) Maintain reasonable housekeeping standards to deter Pests;
(b) Refrain from applying over-the-counter pesticides without Landlord’s prior consent;
(c) Promptly comply with all preparatory and follow-up instructions provided by the Pest Control Provider.
5.2 Landlord Covenants. Landlord shall:
(a) Monitor common areas for signs of Pest activity and take preventative measures;
(b) Keep all structural elements of the building in good repair to reduce pest harborage;
(c) Provide advance written notice of pesticide applications as required by law.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Landlord Default: Failure to initiate Treatment within the timeframes set forth in Section 3.5.
(b) Tenant Default: (i) Failure to allow access; (ii) Failure to pay Tenant-responsible Treatment Costs within ten (10) days of invoice; (iii) Willful introduction or concealment of Pests.
6.2 Remedies.
(a) Tenant Remedies for Landlord Default: Tenant may (i) withhold payment of rent in strict accordance with Missouri landlord-tenant law, (ii) seek injunctive relief to compel Treatment, and/or (iii) pursue actual damages.
(b) Landlord Remedies for Tenant Default: Landlord may (i) charge Tenant the actual, reasonable Treatment Costs, plus a 10% administrative fee; (ii) declare a lease violation and demand cure within ten (10) days; (iii) terminate the Lease and seek possession if uncured; and (iv) recover actual damages and attorney fees as provided herein.
6.3 Attorney Fees & Costs. The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and court costs, but only to the extent expressly permitted by Missouri law.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Landlord shall indemnify, defend, and hold Tenant harmless from and against all third-party claims arising from Landlord’s breach of this Addendum or gross negligence in performing Treatment.
(b) Tenant shall indemnify, defend, and hold Landlord harmless from and against all third-party claims and Treatment Costs attributable to Tenant’s breach of this Addendum or negligent acts.
7.2 Limitation of Liability. Except for (i) damages arising from a party’s gross negligence or willful misconduct, or (ii) obligations to pay attorney fees under Section 6.3, each party’s aggregate liability under this Addendum shall not exceed the actual, direct damages incurred by the other party, and in no event shall either party be liable for consequential, incidental, or punitive damages.
7.3 Insurance. Tenant is advised (but not required) to obtain renter’s insurance covering property damage and additional living expenses caused by Infestation-related displacement.
7.4 Force Majeure. Delays in Treatment caused by events beyond the reasonable control of the obligated party—including but not limited to manufacturer supply shortages or governmental restrictions—shall extend the performance period for the duration of such event.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties submit to the exclusive jurisdiction of the Circuit Court (Associate Division – Landlord/Tenant) for [COUNTY] County, Missouri or any successor housing court having jurisdiction over the Affected Premises.
8.3 Arbitration. The parties affirmatively opt out of arbitration; all disputes shall be resolved in court.
8.4 Jury Trial. The parties acknowledge and preserve their constitutional right to trial by jury; no waiver is intended or effected by this Addendum.
8.5 Injunctive Relief. Nothing herein shall restrict either party from seeking temporary, preliminary, or permanent injunctive relief to enforce habitability or access rights.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both parties. A waiver of any breach shall not be deemed a waiver of any other or subsequent breach.
9.2 Assignment. Tenant may not assign or sublease the Affected Premises without Landlord’s prior written consent, except as permitted by the Lease.
9.3 Successors & Assigns. This Addendum shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.
9.4 Severability. If any provision of this Addendum is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and the court shall reform the invalid provision to the minimum extent necessary to render it enforceable.
9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties with respect to pest matters and supersedes all prior oral or written discussions.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original. Signatures transmitted via electronic means (e.g., PDF, DocuSign) shall be deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the Effective Date.
| Landlord | Tenant |
|---|---|
| _________ | _________ |
| Name: [LANDLORD NAME] | Name: [TENANT NAME] |
| Title/Capacity (if entity): [TITLE] | |
| Date: ____ | Date: ____ |
[Optional Notary Acknowledgment – attach if local recording or notarization is customary.]
EXHIBIT A
Cost Allocation Schedule
[// GUIDANCE: Customize to reflect property policy. Common structure below.]
| Scenario | Responsible Party |
|---|---|
| Infestation existing prior to move-in (disclosed) | Landlord |
| Infestation existing prior to move-in (undisclosed) | Landlord |
| Infestation attributable to Tenant negligence, poor housekeeping, or introduced property | Tenant |
| Building-wide Infestation affecting multiple units | Landlord (may allocate pro-rata common-area expenses as permitted by law) |
| Excessive Infestation persisting after two Landlord-funded treatments where Tenant failed to comply with prep requirements | Tenant |
EXHIBIT B
Three-Year Pest History Disclosure
[// GUIDANCE: Landlord must complete truthfully before delivery to Tenant.]
- Date(s) of prior Infestation: ________
- Type(s) of Pest(s): __________
- Areas affected: _______
- Treatment performed (provider/method/date): ____
- Confirmation of successful remediation (date): __
EXHIBIT C
Initial Pest Inspection Checklist
Tenant shall complete, sign, and return this checklist within 48 hours of taking possession.
| Room/Area | Evidence of Pests? (Y/N) | Type of Evidence | Comments |
|---|---|---|---|
| Living Room | |||
| Bedrooms | |||
| Kitchen | |||
| Bathrooms | |||
| Closets | |||
| Exterior Entry & Patio |
TENANT CERTIFICATION:
I certify that the above information is accurate to the best of my knowledge.
Signature: ___ Date: ____
[// GUIDANCE: Review and harmonize this Addendum with the main Lease’s maintenance, repair, and default provisions. Adjust timelines to comply with any local ordinances (e.g., Kansas City or St. Louis) that may impose shorter treatment windows or additional disclosure duties.]