RESIDENTIAL LEASE ADDENDUM – PEST CONTROL DISCLOSURE
(New Hampshire)
[// GUIDANCE: Attach this Addendum to, and reference it in, the body of the main Residential Lease Agreement for enforceability. Ensure the signature blocks in both documents use identical party names and capacities.]
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
1.1 Parties.
This Residential Lease Addendum – Pest Control Disclosure (“Addendum”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) [LEGAL NAME OF LANDLORD], a [STATE] [TYPE OF ENTITY/INDIVIDUAL] (“Landlord”); and
(b) [LEGAL NAME OF TENANT] (“Tenant”).
1.2 Recitals.
A. Landlord and Tenant are party to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) concerning the residential premises located at [PROPERTY ADDRESS] (the “Premises”).
B. Pursuant to applicable New Hampshire landlord-tenant law and local habitability standards, Landlord must disclose the pest status of the Premises, allocate pest-control responsibilities, and set forth inspection and treatment procedures.
C. The parties desire to supplement the Lease on the terms and conditions set forth below in order to promote a pest-free living environment, define obligations, and allocate risk.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
2. DEFINITIONS
For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. Defined terms used but not defined herein shall have the meanings assigned to them in the Lease.
“Actual Damages” means direct, out-of-pocket losses proximately caused by a breach, excluding special, consequential, punitive, or exemplary damages.
“Common Areas” means all areas of the building or complex other than the Premises that are under Landlord’s control and available for use by Tenant and/or other occupants.
“Habitability Standards” means statutory and local housing code requirements in effect within the State of New Hampshire relating to health, safety, and sanitation standards of residential premises.
“Infestation” means the presence, or evidence of presence, of bedbugs, cockroaches, rodents, or other pests in sufficient numbers to cause actual or potential harm to persons or property or to violate Habitability Standards.
“Licensed Pest Control Operator” or “PCO” means a pest-control professional duly licensed, bonded, and insured to perform inspection and treatment services within New Hampshire.
“Pest” means any vertebrate or invertebrate insect, rodent, or organism commonly regarded as a nuisance to humans, including but not limited to bedbugs (Cimex lectularius), cockroaches, ants, termites, fleas, and rodents.
“Premises” has the meaning assigned in the Lease and includes all appurtenant areas exclusively leased for Tenant’s use.
3. OPERATIVE PROVISIONS
3.1 Initial Disclosure.
(a) Landlord Statement. Landlord represents that, to the best of Landlord’s knowledge, the Premises [☐ are / ☐ are not] currently impacted by an Infestation. The most recent inspection was conducted on [DATE] by [PCO NAME].
(b) Inspection Report. Landlord shall, upon written request, provide Tenant with a copy of the PCO’s inspection report for the Premises and any Common Areas.
3.2 Ongoing Inspections.
(a) Routine Inspections. Landlord may conduct, or cause to be conducted, routine pest inspections of the Premises no more than [FREQUENCY] per calendar year, upon at least 48-hours’ prior written notice to Tenant, except in the case of an emergency or suspected Infestation requiring immediate action.
(b) Tenant Access. Tenant shall provide reasonable access as required under the Lease and applicable law. Failure to provide access after proper notice constitutes a Tenant Default under Section 6.2.
3.3 Reporting Obligations.
(a) Tenant Duty to Notify. Tenant shall promptly (and in no event later than 24 hours after discovery) notify Landlord in writing of any suspected Pest activity or conditions likely to attract Pests.
(b) Form of Notice. Notice shall be given in accordance with the notice provisions of the Lease and shall describe with specificity the location and nature of the suspected Infestation.
3.4 Treatment Procedures.
(a) Landlord-Provided Treatment. Upon confirmation of an Infestation not caused by Tenant’s negligent or willful acts or omissions, Landlord shall engage a Licensed PCO to treat the affected areas within a commercially reasonable timeframe, but in no event later than seven (7) days after confirmation.
(b) Tenant Cooperation. Tenant shall fully cooperate with all treatment protocols, including but not limited to laundering fabrics, bagging personal property, and temporary vacating of the Premises if reasonably required by the PCO.
(c) Follow-Up Treatments. Landlord shall provide follow-up inspections and treatments, if recommended by the PCO, until the Infestation is resolved.
3.5 Cost Allocation.
(a) Landlord Responsibility. Landlord shall bear all reasonable costs of inspection and treatment, except as provided in subsection (b).
(b) Tenant Responsibility. If an Infestation is reasonably determined by the PCO to have resulted from Tenant’s failure to maintain sanitary conditions, introduction of Pests, or other negligent or intentional conduct, Tenant shall reimburse Landlord for (i) all reasonable costs of inspection and treatment; and (ii) any Actual Damages resulting from the Infestation, payable as Additional Rent within ten (10) days after Landlord’s written demand accompanied by reasonable documentation.
(c) Shared Areas. Costs attributable to Infestations originating in Common Areas shall be treated as Landlord responsibility, unless the Infestation is traced to Tenant’s conduct.
3.6 Pest-Related Entry.
For any entry under Sections 3.2 and 3.4, Landlord shall use commercially reasonable efforts to schedule visits during normal business hours and to minimize disruption to Tenant’s quiet enjoyment.
3.7 Recordkeeping.
Landlord shall maintain for a period of no less than three (3) years all PCO reports, invoices, and treatment logs related to the Premises and shall make such records available for Tenant’s inspection upon reasonable request.
4. REPRESENTATIONS & WARRANTIES
4.1 By Landlord.
(a) Authority and Capacity.
(b) Compliance. Landlord is in material compliance with Habitability Standards and has no knowledge of outstanding governmental citations relating to Pest issues at the Premises.
(c) No Undisclosed Infestation. Except as disclosed in Section 3.1, Landlord has no actual knowledge of existing Infestation at the Premises.
4.2 By Tenant.
(a) Review of Premises. Tenant has inspected the Premises and acknowledges the accuracy of Landlord’s disclosure in Section 3.1.
(b) No Introduction of Pests. Tenant has not knowingly introduced any Pests into the Premises and shall not do so during the Lease Term.
4.3 Survival.
All representations and warranties shall survive the expiration or earlier termination of this Addendum for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants.
(a) Maintain sanitation standards reasonably expected of residential tenants, including proper food storage and waste disposal.
(b) Refrain from using over-the-counter pesticides or “bug bombs” without Landlord’s prior written consent.
(c) Fully comply with all PCO instructions and treatment preparation checklists.
5.2 Landlord Covenants.
(a) Engage only Licensed PCOs.
(b) Provide advance written notice of any entry consistent with Section 3.6.
(c) Maintain Common Areas in a condition that does not foster Infestation.
6. DEFAULT & REMEDIES
6.1 Landlord Default.
Failure of Landlord to perform its obligations under Sections 3.4(a) and 5.2 within the stated timeframes constitutes a “Landlord Default.” Upon Landlord Default and expiration of a five (5)-day cure period following written notice from Tenant, Tenant may:
(i) Arrange for treatment by a Licensed PCO and deduct the reasonable cost thereof from Rent, not to exceed one month’s Base Rent;
(ii) Seek injunctive or other equitable relief to compel performance; and/or
(iii) Pursue Actual Damages, subject to Section 7.2.
6.2 Tenant Default.
Any of the following constitutes a “Tenant Default”:
(i) Failure to provide access as required;
(ii) Failure to reimburse Landlord in accordance with Section 3.5(b);
(iii) Introduction or harboring of Pests in violation of this Addendum.
Upon Tenant Default and expiration of a five (5)-day cure period, Landlord may exercise any remedies available under the Lease and applicable law, including termination of tenancy.
6.3 Attorney Fees.
The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and costs, subject to Section 7.2.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all claims, losses, or Actual Damages arising out of or relating to a Tenant Default or Tenant’s breach of this Addendum.
(b) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against any and all claims, losses, or Actual Damages arising out of or relating to a Landlord Default.
7.2 Limitation of Liability.
Except for (i) claims arising from gross negligence or willful misconduct, or (ii) obligations expressly stated to survive termination, neither party shall be liable to the other for any indirect, consequential, punitive, or special damages. Liability is limited to Actual Damages.
7.3 Insurance.
Landlord shall maintain property and liability insurance customary for comparable residential properties. Tenant is strongly encouraged to carry renter’s insurance covering personal property damage caused by Pest Infestation.
7.4 Force Majeure.
Neither party shall be liable for delays or failure to perform resulting from events beyond its reasonable control, excluding financial inability.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Addendum shall be governed by, and construed in accordance with, the laws of the State of New Hampshire, without regard to its conflict-of-laws provisions.
8.2 Forum Selection.
Any action arising out of or relating to this Addendum shall be brought exclusively in the [NAME OF COUNTY] State Housing Court (or such successor court of competent jurisdiction).
8.3 Arbitration.
The parties expressly waive any requirement for arbitration; disputes shall be resolved in the forum specified in Section 8.2.
8.4 Jury Trial.
Nothing in this Addendum shall be construed as a waiver of the constitutional right to trial by jury where such right is otherwise available.
8.5 Injunctive Relief.
Either party may seek injunctive or other equitable relief to enforce Habitability Standards and the provisions of this Addendum, without the necessity of posting bond, to the extent permitted by law.
9. GENERAL PROVISIONS
9.1 Amendment and Waiver.
No modification of this Addendum shall be effective unless in writing and signed by both parties. No waiver shall be effective unless in writing.
9.2 Assignment.
Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent, not to be unreasonably withheld.
9.3 Successors and Assigns.
This Addendum shall inure to the benefit of and be binding upon 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, constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in multiple counterparts, each of which shall be deemed an original. Electronic signatures shall be deemed originals and fully enforceable.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _________ | _________ |
| [NAME & TITLE] | [NAME] |
| Date: ____ | Date: ____ |
[Optional Notarization Block—use if required by local recording office or housing authority.]
[// GUIDANCE: Attach copies of any inspection reports, PCO treatment plans, and Tenant preparation checklists as “Exhibit A,” “Exhibit B,” etc., referenced within the operative provisions. Tailor cure periods and notice methods to mirror the main Lease to avoid internal conflict.]