PEST CONTROL AND DISCLOSURE ADDENDUM
TO RESIDENTIAL LEASE AGREEMENT
(State of New Mexico)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Disclosure of Existing or Prior Infestation
3.2 Ongoing Maintenance & Sanitation Obligations
3.3 Treatment Procedures
3.4 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Pest Control and Disclosure Addendum (“Addendum”) is entered into effective as of [EFFECTIVE DATE] (“Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [STATE] [entity type] (“Landlord”); and
• [RESIDENT LEGAL NAME] (“Resident”),
under that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) for the dwelling located at [PREMISES ADDRESS] (the “Premises”).
This Addendum is incorporated into and made part of the Lease. Capitalized terms used and not otherwise defined in this Addendum have the meaning given to them in the Lease.
Recitals:
A. Landlord is obligated under the New Mexico Uniform Owner-Resident Relations Act, N.M. Stat. Ann. §§ 47-8-1 et seq. (“UORRA”), and applicable local ordinances to deliver and maintain the Premises in a habitable condition, including being free from infestation.
B. Resident has corresponding duties of cleanliness and cooperation (§ 47-8-22 UORRA).
C. The parties wish to set forth their respective rights and obligations regarding pest control to minimize risk, cost, and habitability disputes.
Consideration: Mutual covenants herein and in the Lease.
2. DEFINITIONS
For purposes of this Addendum:
“Actual Damages” means the direct costs reasonably incurred to investigate, remediate, repair, and restore the Premises as a result of Covered Pests, exclusive of consequential or punitive damages.
“Common Areas” has the meaning given in the Lease and includes any shared building systems or spaces that could harbor or transmit pests.
“Covered Pests” means insects, rodents, vermin, bed bugs, termites, and other organisms classified as structural or health pests under the New Mexico Pesticide Control Act or applicable municipal code.
“Pest Control Professional” means a person or entity duly licensed under the New Mexico Department of Agriculture to apply pesticides or perform extermination services at the Premises.
“Treatment” means any inspection, remediation, extermination, pesticide application, heat treatment, or other pest eradication method performed by a Pest Control Professional.
3. OPERATIVE PROVISIONS
3.1 Disclosure of Existing or Prior Infestation
a. Landlord discloses that, to Landlord’s actual knowledge as of the Effective Date, the Premises [has / has not] experienced Covered Pests within the preceding twelve (12) months.
b. Resident acknowledges receipt of any written pest inspection or treatment reports attached hereto as Exhibit A.
3.2 Ongoing Maintenance & Sanitation Obligations
a. Resident shall:
i. Maintain the Premises in a clean, sanitary, and orderly condition to deter Covered Pests;
ii. Promptly (within twenty-four (24) hours) notify Landlord in writing upon the first sign of any suspected infestation; and
iii. Cooperate fully with Landlord and any Pest Control Professional, including complying with all pre-Treatment preparation instructions.
b. Landlord shall:
i. Maintain Common Areas in a sanitary condition;
ii. Arrange for periodic inspections as Landlord deems reasonably necessary; and
iii. Provide advance written notice of at least twenty-four (24) hours before any Treatment, except in emergencies.
3.3 Treatment Procedures
a. Selection of Vendor. Landlord shall retain a Pest Control Professional of Landlord’s choice.
b. Access. Resident shall provide access on the scheduled date and vacate the Premises (with pets removed or secured) for the period recommended by the Pest Control Professional.
c. Preparation. Resident shall complete all pre-Treatment tasks (laundering, bagging, moving furniture, etc.) as specified in the written instructions delivered by Landlord or the Pest Control Professional.
d. Post-Treatment Airing. Resident shall not re-enter until the time indicated by the Pest Control Professional and shall ventilate the Premises as instructed.
3.4 Cost Allocation
a. Initial Infestation Not Caused by Resident. Landlord shall bear all costs of Treatment, including follow-up inspections, if a Covered Pest infestation is determined by the Pest Control Professional to have existed prior to Resident’s occupancy or to have migrated from another unit or Common Area.
b. Infestation Attributable to Resident. If the Pest Control Professional reasonably determines the infestation resulted from Resident’s acts, omissions, or negligence (including but not limited to poor housekeeping, introduction of infested personal property, or failure to timely report), Resident shall:
i. Reimburse Landlord for all Actual Damages within ten (10) days after presentation of written invoices; and
ii. Accept continuing responsibility for additional Treatment deemed reasonably necessary.
c. Disputed Allocation. Either party may, at its own cost, obtain a second opinion from a licensed Pest Control Professional. If the opinions conflict, the parties shall jointly retain, and share equally the expense of, an independent third Pest Control Professional whose determination shall be binding for purposes of cost allocation only.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that, as of the Effective Date, Landlord has no actual knowledge of any active infestation at the Premises other than as disclosed in Section 3.1.
4.2 Resident represents and warrants that:
a. All mattresses, furniture, and personal belongings to be brought into the Premises have been inspected for Covered Pests and are free of same;
b. Resident has not vacated, within the past twelve (12) months, any dwelling known or suspected to be infested with Covered Pests; and
c. Resident will not knowingly introduce any infested items into the Premises.
4.3 Survival. The representations and warranties in this Section survive expiration or termination of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Resident shall not apply any over-the-counter pesticides or engage any Pest Control Professional without Landlord’s prior written consent, except for non-aerosol baits or traps intended for single-use household application.
5.2 Resident shall refrain from activities that encourage infestation, including but not limited to:
a. Accumulation of trash or food waste;
b. Feeding feral animals or maintaining bird feeders on balconies/patios; and
c. Storing firewood or cardboard against the structure.
5.3 Landlord shall not charge Resident for routine, building-wide preventive pest control programs unless specifically permitted under Section 3.4.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute material non-compliance under § 47-8-33 UORRA:
a. Resident’s failure to provide reasonable access or to complete required preparation for Treatment;
b. Resident’s failure to reimburse Actual Damages per Section 3.4(b); or
c. Resident’s misrepresentation under Section 4.2.
6.2 Notice & Cure. Landlord shall provide written notice specifying the default. Resident shall have seven (7) calendar days to cure.
6.3 Graduated Remedies.
a. If Resident fails to cure, Landlord may:
i. Cause Treatment to proceed and charge Resident Actual Damages;
ii. Seek injunctive relief to compel compliance; and/or
iii. Terminate the Lease in accordance with § 47-8-33.
b. Landlord’s remedies are cumulative and not exclusive.
6.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and court costs, consistent with § 47-8-48 UORRA.
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 claims, losses, and Actual Damages arising out of or related to the Indemnifying Party’s breach of this Addendum or negligent acts or omissions regarding Covered Pests.
7.2 Limitation of Liability. Except as otherwise required by law, each party’s liability arising under this Addendum is limited to Actual Damages. Neither party shall be liable for consequential, punitive, or special damages.
7.3 Insurance. Landlord shall maintain property insurance customary for similar properties. Resident is strongly encouraged—but not required—to maintain renters’ insurance covering personal property loss or damage arising from Covered Pests.
7.4 Force Majeure. Delay or failure in performance by either party (other than payment obligations) is excused to the extent caused by events beyond the party’s reasonable control, including but not limited to labor shortages of licensed Pest Control Professionals or governmental restrictions on pesticide use.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the laws of the State of New Mexico, including UORRA.
8.2 Forum Selection. Exclusive venue lies in the state court of competent jurisdiction for the county in which the Premises is located.
8.3 Arbitration. The parties expressly agree NOT to arbitrate any disputes under this Addendum.
8.4 Jury Trial. Nothing in this Addendum constitutes a waiver of the constitutional right to a jury trial.
8.5 Injunctive Relief. Either party may seek injunctive or declaratory relief concerning habitability or pest control obligations, in addition to any other remedies at law or equity.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties.
9.2 Assignment. Resident 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 remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary.
9.5 Integration. This Addendum and the Lease constitute the entire agreement between the parties on the subject of pest control, superseding all prior or contemporaneous oral or written agreements.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF or e-signature) are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Pest Control and Disclosure Addendum effective as of the date first written above.
| LANDLORD | RESIDENT |
|---|---|
| _____ | _____ |
| Name: [PRINT] | Name: [PRINT] |
| Title: [IF APPLICABLE] | Date: [DATE] |
| Date: [DATE] |
[// GUIDANCE: Notarization is generally not required for residential lease addenda in NM, but include if your county recorder or local ordinance demands it.]
Exhibit A – Pest Inspection & Treatment Reports
[Attach any inspection certificates or treatment invoices provided to Resident.]
[// GUIDANCE:
1. Verify compliance with any county- or city-level notice requirements (e.g., Albuquerque Integrated Development Ordinance for multifamily properties).
2. Insert precise time frames that reflect operational realities (e.g., 48-hour access notice instead of 24 hours).
3. Review cost-allocation language against any rent-control or public-housing program restrictions if applicable.
4. Consider adding a bed-bug-specific rider if the Premises is in a high-risk area.
]