PEST DISCLOSURE AND CONTROL ADDENDUM

to that certain Residential Lease Agreement

(State of Mississippi)

[// GUIDANCE: This Addendum is intended for attachment to a pre-existing residential lease for premises located in Mississippi. Insert all bracketed information, delete inapplicable provisions, and confirm consistency with the underlying lease.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties.
   This Pest Disclosure and Control Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE], by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (each, individually, and collectively, “Tenant”), and is hereby incorporated into and made part of that certain Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”), concerning the residential dwelling located at [PREMISES ADDRESS] (the “Premises”).

2. Consideration; Conflicts.
   Landlord and Tenant acknowledge that execution of this Addendum is a material inducement to and part of the consideration for the Lease. In the event of any conflict between this Addendum and the Lease, the terms of this Addendum shall control with respect to pest-related matters.

3. Governing Law & Venue.
   This Addendum shall be governed by, construed, and enforced in accordance with the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 et seq., and other applicable Mississippi law (collectively, the “State Landlord-Tenant Law”). Venue for any action shall lie exclusively in the state housing court (or court of competent jurisdiction exercising equivalent authority) having jurisdiction over the county in which the Premises is situated.

II. DEFINITIONS

For ease of reference, capitalized terms used in this Addendum have the meanings set forth below; terms not defined herein retain the meanings assigned in the Lease.

“Actual Damages” means proven out-of-pocket losses (exclusive of special, consequential, punitive, or exemplary damages).
“Infestation” means the presence of one or more Pests in numbers sufficient to materially affect habitability.
“Licensed Pest Control Professional” means an individual or entity properly licensed under Miss. Code Ann. §§ 69-23-1 et seq. to perform structural pest control services in Mississippi.
“Pest(s)” means rodents, roaches, bed bugs, termites, ants, fleas, ticks, mites, or other insects/vertebrates recognized as pests under applicable public-health or housing codes.
“Treatment” means any inspection, remediation, or preventative measure performed by a Licensed Pest Control Professional.

[// GUIDANCE: Add or delete Pests to reflect local conditions or tenant sensitivities.]

III. OPERATIVE PROVISIONS

3.1 Delivery Condition.
(a) Landlord shall deliver the Premises on the Commencement Date free from any Infestation that would render the Premises uninhabitable under State Landlord-Tenant Law.
(b) Landlord makes no representation concerning the absence of seasonal or de minimis pest activity that does not constitute Infestation.

3.2 Ongoing Pest Control Obligations.
(a) Landlord Duties. Landlord shall:
(i) maintain building-wide structural barriers and common-area sanitation reasonably designed to prevent Infestation;
(ii) schedule and pay for routine preventative Treatments not less than [FREQUENCY, e.g., quarterly]; and
(iii) comply with all notice, preparation, and entry requirements under State Landlord-Tenant Law.
(b) Tenant Duties. Tenant shall:
(i) keep the Premises in a clean and sanitary condition;
(ii) store food properly and dispose of garbage promptly in sealed receptacles;
(iii) refrain from introducing any Pest-infested personal property;
(iv) cooperate fully with any Treatment, including providing access, laundering textiles, and removing clutter as instructed; and
(v) promptly notify Landlord in writing of any suspected Pest activity.

3.3 Disclosure of Prior or Existing Pest Activity.
Landlord discloses the following, based on Landlord’s actual knowledge: [DISCLOSE “NONE” OR PROVIDE DETAILS, DATES, AND TREATMENTS]. Tenant acknowledges receipt of any available Treatment reports.

3.4 Treatment Procedures & Entry.
(a) Landlord may enter the Premises upon not less than [24/48] hours’ notice (or as otherwise permitted by State Landlord-Tenant Law) to inspect for or treat Pest activity.
(b) A Licensed Pest Control Professional’s written determination shall be conclusive evidence of the presence, cause, and scope of any Infestation.

3.5 Cost Allocation.
(a) Landlord-Paid Costs. Landlord shall bear all costs for:
(i) Initial delivery Treatment (if any);
(ii) Preventative Treatments under Section 3.2(a); and
(iii) Infestation not primarily caused by Tenant, Tenant’s occupants, guests, or invitees (collectively, “Tenant Parties”).
(b) Tenant-Paid Costs. Tenant shall bear all costs (including re-Treatment, remediation of personal property, and increased monitoring) arising from an Infestation primarily caused by Tenant Parties’ acts, omissions, or breach of this Addendum.
(c) Shared Costs; Reallocation. If causation cannot be established by clear preponderance, costs shall be shared [percentage split, e.g., 50-50]. Any cost initially advanced by Landlord but allocated to Tenant under this Section constitutes Additional Rent and is due within [10] days after written demand.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority & Capacity. Each Party represents that it has full authority to enter into and perform this Addendum.

4.2 No Conflicting Obligation. Execution of this Addendum violates no agreement or restriction binding on the representing Party.

4.3 Limited Warranty of Habitability. Landlord warrants only that, as of the Effective Date, the Premises complies with the minimum habitability standards required by State Landlord-Tenant Law. Except as expressly stated, Landlord disclaims all other express or implied warranties regarding Pest absence.

4.4 Survival. The representations and warranties in Sections 4.1-4.3 survive termination of this Addendum for a period of [1] year.

V. COVENANTS & RESTRICTIONS

5.1 Tenant covenants not to conduct activities or maintain conditions likely to attract Pests, including but not limited to:
(a) keeping unsealed food or pet feed;
(b) maintaining standing water;
(c) acquiring used mattresses or upholstered furniture without prior inspection.

5.2 Tenant shall not apply over-the-counter pesticides in a manner inconsistent with label instructions or applicable law.

5.3 Landlord covenants to use only pesticides approved by the U.S. Environmental Protection Agency and the Mississippi Department of Agriculture and Commerce, and to provide Tenant with Safety Data Sheets upon request.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute Tenant defaults:
(a) failure to allow timely entry for inspection/Treatment;
(b) failure to complete required preparation;
(c) non-payment of Tenant-allocated costs;
(d) breach of any covenant under Section 5.

6.2 Notice & Cure. Landlord shall deliver written notice of default. Tenant shall have [72] hours to cure a default under Section 6.1(a)–(b) and [5] days to cure a monetary default under Section 6.1(c).

6.3 Remedies. If Tenant fails to cure within the applicable period, Landlord may:
(i) perform Tenant’s obligations at Tenant’s expense;
(ii) charge such expense as Additional Rent;
(iii) seek injunctive relief to compel compliance; and/or
(iv) exercise any remedy under the Lease or State Landlord-Tenant Law, including termination.

6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs, unless prohibited by State Landlord-Tenant Law.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold Landlord harmless from all claims, losses, and Actual Damages (but excluding consequential or punitive damages) arising out of or related to:
(i) an Infestation caused by Tenant Parties; or
(ii) Tenant’s breach of this Addendum.
(b) Landlord shall indemnify Tenant for Actual Damages arising from Landlord’s gross negligence or willful misconduct in performing Treatment.

7.2 Limitation of Liability. EACH PARTY’S LIABILITY ARISING FROM THIS ADDENDUM IS LIMITED TO ACTUAL DAMAGES. CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

7.3 Insurance. Tenant is advised to maintain renter’s insurance covering personal property loss due to Pest activity. Landlord carries no obligation to reimburse for such loss except as expressly provided herein.

7.4 Force Majeure. Delays in Treatment caused by events beyond a Party’s reasonable control (including governmental shutdowns or supply-chain disruptions) shall extend performance deadlines for a period equal to the delay.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. See Section I.3 above.

8.2 Forum Selection. Any litigation shall be filed exclusively in the state housing court (or equivalent court of competent jurisdiction) for the county in which the Premises is located.

8.3 Arbitration. The Parties expressly exclude arbitration.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of either Party’s constitutional right to trial by jury.

8.5 Equitable Relief. Either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond, to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver shall be 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 required by law.

9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective successors, transferees, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the maximum extent permissible, and the invalid provision shall be reformed to preserve the Parties’ original intent to the fullest extent consistent with applicable law.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties regarding the subject matter and supersedes all prior or contemporaneous oral or written agreements relating thereto.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which constitutes an original, and all of which constitute one agreement. Signatures transmitted electronically (e.g., PDF, DocuSign) are deemed originals for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the date first written above.

[// GUIDANCE:
1. Verify local county rules for any additional disclosures or pest-specific forms (e.g., bed-bug notice).
2. Adjust time frames, cost-sharing percentages, and notice methods to conform with the master Lease and any municipal ordinances.
3. Delete witness/notary lines if not required under Mississippi law or the Lease.
4. Attach any inspection reports referenced in Section 3.3 as exhibits.]