PEST CONTROL DISCLOSURE AND ALLOCATION ADDENDUM

to Residential Lease Agreement

(Montana Jurisdiction)

[// GUIDANCE: This template is designed for residential tenancies subject to the Montana Residential Landlord & Tenant Act of 1977, Mont. Code Ann. § 70-24-101 et seq. Customize bracketed items and verify consistency with the underlying Lease before execution.]

Table of Contents

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Landlord Obligations
   3.2 Tenant Obligations
   3.3 Pest Control Procedures
   3.4 Cost Allocation
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. This Pest Control Disclosure and Allocation Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”).

1.2 Reference to Lease. This Addendum supplements and is incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential real property located at [PREMISES ADDRESS] (the “Premises”).

1.3 Consideration. The parties agree that the mutual promises set forth herein constitute good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

1.4 Governing Framework. This Addendum is governed by and shall be construed in accordance with the Montana Residential Landlord & Tenant Act of 1977, Mont. Code Ann. § 70-24-101 et seq., and other applicable state and local housing codes (collectively, “State Landlord-Tenant Law”).

2. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below; any term not defined herein shall have the meaning assigned in the Lease.

“Addendum” has the meaning given in Section 1.1.
“Actual Damages” means proven out-of-pocket costs incurred by a party and directly arising from the other party’s breach, excluding consequential, incidental, or punitive damages.
“Infestation” means the presence of, or conditions conducive to the presence of, any Pest(s) in quantities that (a) materially affect habitability or (b) require professional treatment to eradicate.
“Pest(s)” means any rodents, bed bugs, cockroaches, ants, termites, fleas, or other insects or vermin commonly regarded as household pests under applicable public-health standards.
“Pest Control Professional” means a duly licensed and insured pest-management operator authorized under Montana law.
“Preventive Treatment” means inspection and, if reasonably necessary, application of pesticides or other pest-control measures to avert an Infestation.
“Treatment” means any application, remediation, or extermination service performed by a Pest Control Professional to eliminate an Infestation.

[// GUIDANCE: Add or delete defined terms to reflect the scope of services contracted with your pest-control vendor.]

3. OPERATIVE PROVISIONS

3.1 Landlord Obligations

3.1.1 Delivery of Habitable Premises. Pursuant to Mont. Code Ann. § 70-24-303(1), Landlord shall deliver the Premises in a fit and habitable condition, free of any known Infestation.

3.1.2 Routine Preventive Measures. Landlord shall, at its sole cost, arrange for (a) an initial Preventive Treatment prior to the Commencement Date of the Lease and (b) periodic inspections not less than once every [12] months thereafter.

3.1.3 Remedial Treatment. If an Infestation is reported or discovered and not attributable to Tenant Negligence (as defined in Section 3.4.3), Landlord shall promptly engage a Pest Control Professional to perform Treatment within [5] business days after receiving notice or becoming aware of the Infestation.

3.2 Tenant Obligations

3.2.1 Sanitation & Maintenance. Consistent with Mont. Code Ann. § 70-24-321, Tenant shall (a) keep the Premises reasonably clean; (b) store food in sealed containers; and (c) dispose of garbage in a sanitary manner to avoid attracting Pest(s).

3.2.2 Prompt Reporting. Tenant shall provide written notice to Landlord of any suspected Pest activity or conditions likely to cause Infestation within [24] hours of discovery.

3.2.3 Treatment Preparation & Cooperation. Tenant shall follow all preparation instructions provided by the Pest Control Professional, grant reasonable access to the Premises, and temporarily vacate if required for Treatment. Failure to cooperate constitutes a material breach.

3.3 Pest Control Procedures

3.3.1 Notice of Entry. Landlord shall provide Tenant with at least [24] hours’ advance written notice of any scheduled inspection or Treatment, except in emergencies requiring immediate action.

3.3.2 Professional Standards. All Preventive Treatments and Treatments shall be performed by a Pest Control Professional in compliance with federal and state pesticide regulations. Landlord shall deliver to Tenant a written treatment report identifying chemicals used, application dates, and re-entry times.

3.3.3 Follow-Up Inspections. Within [14] days after Treatment, Landlord shall schedule a follow-up inspection to confirm eradication. Additional Treatment rounds shall be undertaken until the Infestation is resolved.

3.4 Cost Allocation

3.4.1 Landlord Cost Responsibility. Landlord shall bear (a) all costs of routine Preventive Treatment and (b) all costs of Treatment for any Infestation not caused by Tenant Negligence.

3.4.2 Tenant Cost Responsibility. Tenant shall reimburse Landlord, as Additional Rent due within [30] days of invoice, for (a) any incremental cost of Treatment attributable to Tenant’s failure to timely report Pest activity and (b) all Treatment costs arising from Tenant Negligence.

3.4.3 Tenant Negligence Defined. “Tenant Negligence” means (a) Tenant’s violation of Section 3.2, (b) introduction of Pest-infested property or animals onto the Premises, or (c) refusal to permit timely Treatment.

3.4.4 Disputed Costs. If the parties dispute cost allocation, either may obtain a written causation report from an independent Pest Control Professional. Costs shall be reallocated in accordance with the independent findings, and the prevailing party shall recover reasonable verification expenses.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full power and authority to enter into and perform this Addendum.

4.2 Landlord Warranty of Initial Condition. Landlord warrants that, to the best of its knowledge, the Premises is free of any Infestation as of the Effective Date. This warranty survives for [30] days after Tenant’s occupancy.

4.3 Tenant Reliance. Tenant acknowledges that it has relied on the foregoing warranty and has conducted its own visual inspection of the Premises.

4.4 Disclaimer of Implied Warranties. Except as expressly provided, Landlord disclaims all implied warranties concerning Pest conditions, to the maximum extent permitted by State Landlord-Tenant Law.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenant Not to Perform DIY Treatment. Tenant shall not apply over-the-counter pesticides or engage non-approved contractors without Landlord’s prior written consent.

5.2 Landlord Covenant to Maintain Compliance. Landlord shall ensure that all Pest control measures comply with applicable environmental and public-health regulations.

5.3 Notice & Cure Periods. Except for emergencies, the non-breaching party shall allow [5] business days after written notice for the breaching party to commence cure, and [15] days to complete cure, before pursuing remedies.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute Events of Default under this Addendum and the Lease:
(a) Tenant’s failure to cooperate with Treatment or to pay amounts due under Section 3.4.2;
(b) Landlord’s failure to timely initiate or complete Treatment as required by Section 3.1.3;
(c) Any material misrepresentation by either party concerning Pest conditions.

6.2 Remedies.
(a) Tenant Default. Landlord may (i) perform required preparations at Tenant’s expense; (ii) assess Additional Rent; (iii) recover Actual Damages; and (iv) pursue eviction consistent with Mont. Code Ann. § 70-24-422.
(b) Landlord Default. Tenant may (i) obtain injunctive relief compelling Treatment; (ii) recover Actual Damages; or (iii) exercise statutory rent-withholding or repair-and-deduct remedies under Mont. Code Ann. §§ 70-24-408 and 70-24-406, as applicable.

6.3 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs, as permitted by Mont. Code Ann. § 70-24-442.

7. RISK ALLOCATION

7.1 Indemnification. Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents (“Indemnified Party”) from Actual Damages arising from the Indemnifying Party’s (a) breach of this Addendum, (b) negligence or willful misconduct in relation to Pest control, or (c) violation of applicable law.

7.2 Limitation of Liability. Except for liability arising from gross negligence, willful misconduct, or statutory habitability obligations, neither party shall be liable to the other for any damages other than Actual Damages.

7.3 Insurance. Landlord shall maintain commercial general liability insurance with minimum limits of [$1,000,000] per occurrence covering Pest-related claims. Tenant is encouraged, but not required, to obtain renter’s insurance covering personal-property damage from Pest Infestation.

7.4 Force Majeure. Delays in Treatment caused by events beyond the reasonable control of the responsible party (e.g., natural disasters, supply shortages) shall extend performance deadlines for the duration of the delay; provided, however, that Landlord shall use commercially reasonable efforts to mitigate any habitability impacts.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum, and any dispute arising hereunder, shall be governed by State Landlord-Tenant Law and the laws of the State of Montana, without regard to conflict-of-law principles.

8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the state housing court of [COUNTY], Montana, or such other court of competent jurisdiction as provided under State Landlord-Tenant Law.

8.3 Arbitration Excluded. The parties expressly opt out of arbitration for any disputes arising under this Addendum.

8.4 Jury Trial Preservation. Nothing herein shall be construed as a waiver of any constitutional right to a trial by jury.

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

9. GENERAL PROVISIONS

9.1 Amendment and Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver of any subsequent breach.

9.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, except as permitted under Mont. Code Ann. § 70-24-305.

9.3 Successors and Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.

9.4 Severability. If any provision of this Addendum is held invalid, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the maximum extent permissible.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement regarding Pest control and supersedes all prior or contemporaneous oral or written agreements on that subject.

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. Signatures delivered electronically (e.g., via PDF or e-signature platform) are deemed originals for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Pest Control Disclosure and Allocation Addendum as of the Effective Date.

[// GUIDANCE: Add additional signature lines for multiple Tenants. Montana does not require notarization of residential leases; notarize only if local ordinance or lender policy dictates.]