Pest Control & Disclosure Addendum
to Nebraska Residential Lease Agreement
(This Addendum is intended for use with residential tenancies governed by the Nebraska Uniform Residential Landlord and Tenant Act (“NURLTA”), Neb. Rev. Stat. §§ 76-1401 et seq.)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Pest Control Obligations
3.2 Treatment Procedures
3.3 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Addendum Title: Pest Control & Disclosure Addendum to Residential Lease
Lease Reference Date: [ORIGINAL LEASE DATE]
Addendum Effective Date: [EFFECTIVE DATE]
Parties:
• “Landlord”: [LANDLORD LEGAL NAME], a [ENTITY TYPE] organized under the laws of [STATE]
• “Tenant”: [TENANT FULL LEGAL NAME(S)]
Premises: [PREMISES ADDRESS]
Recitals
A. Landlord and Tenant entered into that certain Residential Lease Agreement dated the “Lease Reference Date” (the “Lease”).
B. The parties desire to supplement the Lease to allocate rights and responsibilities concerning pest control, in compliance with NURLTA and applicable local ordinances.
C. In consideration of the mutual covenants herein and other 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 have the meanings set forth below; terms not defined herein have the meanings assigned in the Lease.
“Common Areas” – All areas of the building or community not leased for exclusive use, including hallways, lobbies, laundry rooms, and landscaped grounds.
“Covered Pests” – Any arthropod, rodent, or other organism typically considered a pest under prevailing industry standards, including bed bugs, cockroaches, ants, termites, rodents, fleas, and spiders.
“Licensed Pest Control Provider” – A person or entity duly licensed under Nebraska law to apply pesticides or perform pest remediation services on residential property.
“Pest Incident” – The presence or reasonable suspicion of Covered Pests within the Premises or Common Areas.
“Treatment Plan” – A written remediation protocol prepared by a Licensed Pest Control Provider, setting forth recommended measures, follow-up inspections, and any preparatory or follow-up actions required of Tenant.
3. OPERATIVE PROVISIONS
3.1 Pest Control Obligations
3.1.1 Landlord’s Obligations
(a) Landlord shall deliver the Premises free from active infestation of Covered Pests at move-in.
(b) Landlord shall maintain Common Areas in a condition reasonably free of Covered Pests.
(c) Upon receiving Notice of a Pest Incident, Landlord shall, within a commercially reasonable time, engage a Licensed Pest Control Provider to inspect the Premises and, if necessary, develop a Treatment Plan.
3.1.2 Tenant’s Obligations
(a) Tenant shall maintain the Premises in a sanitary condition and shall promptly notify Landlord in writing of any Pest Incident.
(b) Tenant shall cooperate fully with all inspection and treatment schedules, including preparing the Premises as reasonably required by a Licensed Pest Control Provider.
(c) Tenant shall not introduce Covered Pests into the Premises through negligence, willful misconduct, or unsanitary practices.
3.2 Treatment Procedures
3.2.1 Inspection Access
Tenant shall provide Landlord, Landlord’s agents, and the Licensed Pest Control Provider reasonable access to the Premises upon no less than 24 hours’ prior Notice, except in emergencies.
3.2.2 Treatment Plan Implementation
All chemical applications shall comply with federal Environmental Protection Agency (“EPA”) labeling and Nebraska Department of Agriculture regulations. Landlord shall deliver a written copy of any Treatment Plan to Tenant.
3.2.3 Follow-Up & Clearance
Treatment shall be deemed complete upon issuance of a clearance report by the Licensed Pest Control Provider confirming the Premises is reasonably free of Covered Pests. If re-infestation occurs within thirty (30) days despite Tenant’s compliance, Landlord shall arrange supplemental treatment at Landlord’s expense, subject to Section 3.3.2.
3.3 Cost Allocation
3.3.1 Routine & Initial Treatment
Except as provided in Section 3.3.2, Landlord shall bear the costs of:
(a) initial pest-free delivery;
(b) inspections initiated by Tenant complaint that confirm infestation; and
(c) Treatment Plans attributable to ordinary wear and conditions beyond Tenant’s control.
3.3.2 Tenant-Caused Infestation
If the Licensed Pest Control Provider’s written findings reasonably attribute the infestation to Tenant’s negligence, intentional conduct, or breach of Section 3.1.2, Tenant shall reimburse Landlord for:
(i) inspection fees; (ii) treatment costs; and (iii) reasonable out-of-pocket expenses related to pest remediation.
[// GUIDANCE: Many Nebraska landlords cap Tenant liability to actual remediation cost plus administrative fee. Insert cap if desired.]
3.3.3 Alternative Accommodation & Personal Property
Landlord is not obligated to provide alternative housing or compensate for damaged personal property unless required by applicable law or expressly agreed herein.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Power & Authority
Each party represents it has full power and authority to execute and deliver this Addendum.
4.2 Landlord
Landlord warrants that, to Landlord’s actual knowledge, the Premises was inspected within [X] days prior to Tenant’s possession and found reasonably free of Covered Pests.
4.3 Tenant
Tenant represents that:
(a) Tenant has not knowingly brought furnishings or personal property currently infested with Covered Pests into the Premises; and
(b) Tenant received and reviewed the EPA Consumer Bulletin “Protect Your Family From Pests” prior to signing this Addendum.
4.4 Survival
All representations and warranties survive the expiration or earlier termination of the Lease for twelve (12) months.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants
Tenant shall:
(a) comply with all instructions in any Treatment Plan;
(b) immediately notify Landlord of any re-infestation;
(c) maintain ordinary cleanliness and trash disposal standards.
5.2 Negative Covenants
Tenant shall not:
(a) attempt self-treatment with professional-grade pesticides;
(b) impede or delay access for inspection or treatment;
(c) introduce second-hand mattresses, upholstered furniture, or other high-risk items without first visually inspecting for Covered Pests.
5.3 Notice & Cure
A party alleging the other’s breach of this Addendum must give written Notice and a cure period of seven (7) days, unless an emergency threatens health or safety.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Tenant Default: Failure to comply with Section 3.1.2, 5.1, or 5.2 after applicable cure period.
(b) Landlord Default: Failure to commence remediation within a commercially reasonable time after confirmed infestation.
6.2 Remedies
(a) Landlord Remedies: In addition to rights under NURLTA, Landlord may (i) perform Tenant’s obligations at Tenant’s cost; (ii) recover sums due as additional rent; and (iii) pursue injunctive relief to gain access.
(b) Tenant Remedies: Tenant may, consistent with Neb. Rev. Stat. § 76-1425, seek injunctive relief or termination of the Lease if Landlord materially fails to fulfill habitability obligations.
6.3 Attorneys’ Fees
The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorneys’ fees and costs, except as limited by Neb. Rev. Stat. § 25-1801 et seq.
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 all third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from the Indemnifying Party’s breach of this Addendum or gross negligence in pest prevention or remediation, but only to the extent of the Indemnifying Party’s comparative fault.
7.2 Limitation of Liability
Except for (i) willful misconduct; (ii) fraud; or (iii) personal injury claims, each party’s total liability under this Addendum shall not exceed the actual damages proven, and no party shall be liable for consequential or punitive damages.
7.3 Insurance
[OPTIONAL] Landlord shall maintain property insurance covering structural damage caused by Covered Pests. Tenant is advised to obtain renters’ insurance for personal property.
7.4 Force Majeure
Delays in treatment caused by Force Majeure Events shall extend performance periods for a timeframe equal to the delay.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Addendum and the Lease shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to conflict-of-laws principles.
8.2 Forum Selection
Any action arising from this Addendum shall be filed in the [COUNTY] County Court (Housing Division) or other Nebraska state court of competent jurisdiction.
8.3 Arbitration
Arbitration is expressly excluded.
8.4 Jury Trial
Nothing herein shall be construed as a waiver of either party’s constitutional right to a jury trial.
8.5 Injunctive Relief
Either party may seek temporary, preliminary, or permanent injunctive relief to enforce the habitability requirements or to gain access for inspection or treatment.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers
No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties.
9.2 Assignment
Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent.
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 unenforceable, the remainder shall be enforced to the maximum extent permissible.
9.5 Integration
This Addendum, together with the Lease and any other addenda, constitutes the entire agreement regarding pest control, superseding all prior discussions.
9.6 Counterparts & Electronic Signatures
This Addendum may be executed in counterparts and by electronic signature, each of which is deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Pest Control & Disclosure Addendum as of the Addendum Effective Date.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| Name: [NAME] | Name: [NAME] |
| Title: [IF APPLICABLE] | |
| Date: ________ | Date: ________ |
[OPTIONAL NOTARIZATION BLOCK – if required by local practice]
[// GUIDANCE:
1. Insert county and court information where bracketed.
2. Attach the Licensed Pest Control Provider’s initial inspection report as Exhibit A, if available.
3. Provide Tenant with EPA and Nebraska Department of Agriculture consumer information at move-in to strengthen habitability compliance.
4. Review local municipal ordinances for any additional disclosure obligations (e.g., Omaha Municipal Code § 18-125 for bed-bug notice).]