Residential Lease Addenda – Pest Control & Disclosure

(North Carolina – Governed by N.C. Residential Rental Agreements Act)

[// GUIDANCE: This model addendum is designed for attachment to a residential lease governed by North Carolina law. It should be reviewed for consistency with the master lease and customized to reflect property-specific practices, service provider contracts, and any local ordinances.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Landlord Obligations
   3.2 Tenant Obligations
   3.3 Inspection & Treatment 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

Residential Lease Pest Control & Disclosure Addendum (“Addendum”)
Effective Date: [EFFECTIVE DATE]

Parties:
• Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
• Tenant(s): [TENANT LEGAL NAME(S)]

Premises: [FULL PROPERTY ADDRESS] (“Premises”)

Recitals:
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (“Lease”).
B. Pursuant to N.C. Gen. Stat. § 42-42 et seq., Landlord must keep the Premises in a fit and habitable condition, which includes reasonable pest control measures.
C. The parties desire to set forth their respective rights and obligations regarding pest control, treatment procedures, and cost allocation, and to supplement the Lease accordingly.

NOW, THEREFORE, 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 (alphabetically):

“Addendum” – This Residential Lease Pest Control & Disclosure Addendum.

“Actual Damages” – Verifiable, out-of-pocket losses (excluding consequential, punitive, or special damages).

“Excluded Pest” – A Pest specifically listed in Section 3.4(c) for which Tenant is solely responsible.

“Habitability Standard” – The statutory requirement that the Premises be fit for human habitation pursuant to N.C. Gen. Stat. § 42-42.

“Initial Treatment” – Any preventative or remedial pest control service performed within the first thirty (30) days of the Lease Term.

“Licensed Pest Control Operator” or “LPCO” – A pest control professional duly licensed under N.C. Gen. Stat. ch. 106, art. 4C.

“Pest” – Any rodent, insect, arachnid, or other vermin, including without limitation roaches, rodents, termites, ants, fleas, bedbugs, and wood-destroying organisms.

“Pest Control” – Actions reasonably necessary to prevent, identify, investigate, monitor, or treat a Pest infestation.

“Treatment Period” – The period from the first scheduled treatment through the date an LPCO certifies the Premises are Pest-free.

3. OPERATIVE PROVISIONS

3.1 Landlord Obligations

a. Baseline Condition. Landlord shall deliver the Premises in compliance with the Habitability Standard and free of active Pest infestation as of the Commencement Date.
b. Routine Pest Control. Landlord shall engage an LPCO to perform routine preventative Pest Control not less than [FREQUENCY, e.g., quarterly] at Landlord’s expense, except as otherwise allocated in Section 3.4.
c. Notice. Landlord shall provide Tenant at least twenty-four (24) hours’ advance written notice prior to any non-emergency entry for Pest inspection or treatment, except as otherwise permitted under the Lease or applicable law.

3.2 Tenant Obligations

a. Cleanliness & Sanitation. Tenant shall maintain the Premises in a sanitary condition, store food properly, and dispose of trash promptly in sealed containers.
b. Reporting. Tenant shall notify Landlord in writing of any suspected Pest activity within forty-eight (48) hours of discovery.
c. Cooperation. Tenant shall (i) grant Landlord and the LPCO reasonable access, (ii) follow all LPCO preparation and post-treatment instructions, and (iii) temporarily vacate or relocate personal property when reasonably required for safe and effective treatment.
d. Pet-Related Pests. Tenant shall comply with any additional treatment requirements related to pets as set forth in the Lease or community rules.

3.3 Inspection & Treatment Procedures

a. Initial Inspection. Within five (5) business days after written notice of suspected infestation, Landlord shall schedule an LPCO inspection.
b. Findings Report. Landlord shall furnish Tenant with a written LPCO report describing the extent and probable cause of infestation.
c. Remedial Treatment. Landlord shall commence appropriate treatment within a reasonable period, not to exceed seven (7) business days following receipt of the LPCO report, subject to product availability and safety constraints.
d. Follow-Up. If recommended by the LPCO, Landlord shall schedule follow-up treatments until written certification of eradication.

3.4 Cost Allocation

a. Landlord Responsibility. Landlord shall bear all costs of (i) Initial Treatment, (ii) routine preventative Pest Control, and (iii) remediation of structural or building-origin infestations, including termites and carpenter ants.
b. Tenant Responsibility. Tenant shall bear all costs of treatment where an LPCO reasonably determines the infestation is (i) caused by Tenant’s act, omission, or violation of Section 3.2, (ii) associated with pets, aquariums, or terrariums, or (iii) limited to Tenant’s personal property.
c. Excluded Pests. For avoidance of doubt, Tenant is responsible for all costs associated with fleas, ticks, bedbugs, and any Pest introduced by Tenant’s personal effects.
d. Deposit & Reimbursement.
(i) Upon invoice, Tenant shall reimburse Landlord within ten (10) days for Tenant-responsible costs.
(ii) Amounts unpaid after such period constitute Rent under the Lease and may be deducted from any security deposit in accordance with N.C. Gen. Stat. § 42-52.
e. Dispute Procedure. If Tenant disputes responsibility, Tenant must deliver written objection within five (5) business days of invoice; failure to timely object constitutes acceptance. Any dispute shall be resolved per Section 8 (Dispute Resolution).

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents that, to the best of its knowledge, the Premises are free of active Pest infestation as of the Effective Date, except as disclosed in Exhibit A (Pest Disclosure Schedule) attached hereto.

4.2 Tenant acknowledges receipt of Exhibit A and represents that no Pets or personal property likely to introduce Pests (including used bedding or upholstered furniture) will be brought onto the Premises without prior written notice to Landlord.

4.3 Survival. The representations and warranties contained in this Section survive delivery of possession and any termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Tenant shall not apply over-the-counter pesticides or engage any pest control service without Landlord’s prior written consent, except for consumer-grade traps or baits that do not require licensure.

5.2 Tenant shall comply with all preparation protocols provided by the LPCO, including laundering, decluttering, and sealing personal items. Failure to comply constitutes a material breach.

5.3 Landlord shall maintain records of all inspections and treatments for a minimum of three (3) years and make such records available to Tenant upon reasonable request.

6. DEFAULT & REMEDIES

6.1 Events of Default.
a. Tenant’s failure to reimburse Landlord for Tenant-responsible costs within the timeframe set forth in Section 3.4(d).
b. Tenant’s refusal to grant access or failure to comply with LPCO instructions.

6.2 Notice & Cure. Landlord shall provide written notice specifying the default; Tenant shall have five (5) calendar days to cure.

6.3 Remedies. If default is not cured within the applicable period, Landlord may:
i. Perform the obligation on Tenant’s behalf and charge all reasonable costs as Additional Rent;
ii. Seek injunctive relief and actual damages;
iii. Exercise any and all rights available under the Lease and N.C. Gen. Stat. ch. 42.

6.4 Attorney Fees. In any action to enforce this Addendum, the prevailing party is entitled to recover reasonable attorney fees and court costs as permitted by N.C. Gen. Stat. § 6-21.2.

7. RISK ALLOCATION

7.1 Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its agents, and employees from and against any claims, liabilities, and Actual Damages arising out of or relating to (i) the Indemnifying Party’s breach of this Addendum, or (ii) negligent or willful misconduct in connection with Pest Control activities.

7.2 Limitation of Liability. Except for (i) a party’s gross negligence or willful misconduct, or (ii) obligations that cannot be limited by law, each party’s liability under this Addendum is limited to Actual Damages. Recovery of consequential, punitive, or special damages is expressly disclaimed.

7.3 Insurance. Landlord shall maintain property insurance customary for similar residential properties. Tenant is encouraged, but not required, to maintain renter’s insurance covering personal property loss due to Pest infestation.

7.4 Force Majeure. Delay in performing an obligation (other than payment) is excused to the extent caused by events beyond the affected party’s reasonable control, including pandemics limiting the availability of treatment chemicals, provided that the party gives prompt notice and uses diligent efforts to resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder are governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to conflict-of-laws principles.

8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [COUNTY] County Housing Court (or other court of competent jurisdiction handling summary ejectment matters).

8.3 Arbitration. Arbitration is expressly excluded.

8.4 Jury Trial. To the fullest extent permitted by Article I, Section 25 of the North Carolina Constitution, [EACH PARTY HEREBY WAIVES / RESERVES] its right to a trial by jury in any action arising out of or relating to this Addendum.
[// GUIDANCE: Strike “WAIVES” or “RESERVES” depending on client preference and compliance with local practice.]

8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or declaratory relief to enforce the Habitability Standard or prevent irreparable harm.

9. GENERAL PROVISIONS

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

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any unauthorized assignment is void.

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

9.4 Severability. Any invalid or unenforceable provision is severed and the remainder of this Addendum remains in full force, provided that the fundamental purposes are not defeated. The parties authorize a court to reform invalid provisions to the minimum extent necessary for enforceability.

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 discussions or understandings on the subject.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.

[// GUIDANCE: North Carolina does not generally require notarization of residential leases less than three (3) years in term. Verify local recordation rules if the lease term (including options) is three (3) years or more.]

Exhibit A – Pest Disclosure Schedule

[Describe any known prior infestations, treatments, or corrective actions relating to the Premises.]