Pest Control Disclosure Addendum

to Residential Lease Agreement
(State of New York)

[// GUIDANCE: Attach this Addendum to a fully-executed Residential Lease Agreement. Insert the required information in each [PLACEHOLDER]. This Addendum becomes part of, and is incorporated into, the Lease upon execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Defaults & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties.
   This Pest Control Disclosure Addendum (this “Addendum”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   A. [LANDLORD LEGAL NAME], a [LEGAL ENTITY TYPE] (“Landlord”); and
   B. [TENANT LEGAL NAME(S)] (“Tenant,” whether one or more).

2. Premises. The premises covered by the Lease and this Addendum are located at [PREMISES ADDRESS] (the “Premises”).

3. Recitals.
   A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
   B. New York law, including N.Y. Real Prop. Law § 235-b (warranty of habitability), imposes duties on Landlord concerning pest management.
   C. The parties desire to set forth their respective rights and obligations regarding pest control, disclosure, treatment procedures, and cost allocation.

4. Consideration. The mutual covenants herein constitute sufficient consideration.

II. DEFINITIONS

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

“Affected Area” – The specific portion of the Premises or Building in which a Pest Infestation is confirmed.

“Building” – The structure(s) within which the Premises are located, including common areas.

“Pest” – Any unwanted rodent, insect, bedbug (Cimex lectularius), cockroach, termite, or other vermin identified by a licensed Pest Management Professional.

“Pest Control Measures” – Inspection, monitoring, treatment, remediation, and follow-up activities conducted by a Pest Management Professional.

“Pest Infestation” – An actual or suspected presence of one or more Pests in the Premises or Building, as determined by a Pest Management Professional or competent governmental authority.

“Pest Management Professional” – A person or entity duly licensed under New York law to perform pest control services.

III. OPERATIVE PROVISIONS

3.01 Status at Commencement.
A. Landlord affirms that, to Landlord’s actual knowledge, the Premises are free of any active Pest Infestation as of the Commencement Date.
B. Landlord provides Tenant with (i) all prior 12-month pest control records for the Premises, and (ii) any notices of infestation received from adjacent units, if applicable.

3.02 Inspection Rights & Notice.
A. Tenant shall promptly notify Landlord in writing upon observing evidence of Pests (“Infestation Notice”).
B. Upon receipt, Landlord shall, within two (2) Business Days, engage a Pest Management Professional to inspect the Premises.
C. Landlord may enter the Premises on no less than twenty-four (24) hours’ advance notice (or sooner if legally permitted in emergencies) to perform inspections or Pest Control Measures.

3.03 Treatment Procedures.
A. If a Pest Infestation is confirmed, Landlord shall commence appropriate Pest Control Measures within five (5) Business Days after confirmation, or sooner if required by applicable law or governmental order.
B. Landlord shall use commercially reasonable, industry-standard, and legally compliant treatment methods that strive to minimize Tenant disruption and exposure.
C. Tenant shall:
1. Prepare the Premises as instructed in writing by the Pest Management Professional;
2. Temporarily vacate the Premises if reasonably necessary for safe treatment; and
3. Comply with all post-treatment recommendations.

3.04 Cost Allocation.
A. Landlord shall bear all reasonable costs of inspection and treatment for any Pest Infestation, except as provided in § 3.04(B).
B. If a Pest Infestation is caused by Tenant’s negligence, willful misconduct, or breach of Tenant’s obligations under this Addendum, Tenant shall reimburse Landlord for all reasonable Pest Control Measures within ten (10) days of invoice. Tenant-attributable causes include, but are not limited to, failure to maintain cleanliness, improper food storage, or introducing infested personal property.
C. The prevailing party in any dispute regarding cost allocation shall be entitled to recover reasonable attorneys’ fees and costs.

3.05 Habitability Preservation. Nothing in this Addendum limits Tenant’s statutory rights to habitable premises or Landlord’s obligations thereunder.

IV. REPRESENTATIONS & WARRANTIES

4.01 Mutual Authority. Each party represents that it has full authority to enter into this Addendum and perform its obligations.

4.02 Landlord Representations. Landlord represents that:
A. The Premises comply with all applicable pest-related provisions of the New York State Uniform Fire Prevention and Building Code and, if applicable, local Housing Maintenance Codes.
B. All Pest Control Measures will be performed by State-licensed professionals.

4.03 Tenant Representations. Tenant represents that:
A. Tenant has not knowingly introduced any Pest Infestation into the Premises.
B. Tenant will maintain the Premises in a clean and sanitary condition to deter Pest Infestation.

4.04 Survival. The representations and warranties herein survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.01 Tenant Covenants. Tenant shall:
A. Keep the Premises free of accumulated garbage, debris, and conditions conducive to pest harborage;
B. Promptly comply with all preparation or follow-up directives of the Pest Management Professional;
C. Not apply over-the-counter pesticides without Landlord’s prior written consent.

5.02 Landlord Covenants. Landlord shall:
A. Retain only properly licensed Pest Management Professionals;
B. Provide Tenant with written notice of planned treatment and applicable safety instructions;
C. Maintain records of all Pest Control Measures for at least three (3) years and furnish copies to Tenant upon written request.

VI. DEFAULTS & REMEDIES

6.01 Tenant Default. Any of the following constitutes a “Tenant Pest Default”:
A. Failure to provide access as required;
B. Failure to comply with preparation or follow-up directives;
C. Failure to reimburse Landlord for Tenant-attributable costs under § 3.04(B).

6.02 Landlord Remedies for Tenant Pest Default.
A. Written Notice & Cure. Landlord shall deliver written notice specifying the default; Tenant shall have three (3) Business Days to cure (or sooner if required by law).
B. If uncured, Landlord may (i) perform the obligation on Tenant’s behalf and charge Tenant as Additional Rent, and/or (ii) pursue any remedies under the Lease or applicable law.

6.03 Landlord Default. Failure to commence timely Pest Control Measures as required herein constitutes a “Landlord Pest Default.”

6.04 Tenant Remedies for Landlord Pest Default. Upon written notice and a five-(5-) day cure period, Tenant may:
A. Engage a licensed Pest Management Professional and deduct actual, reasonable costs from Rent, subject to New York law; or
B. Seek injunctive relief or other remedies available at law or equity, including those under N.Y. Real Prop. Law § 235-b.

VII. RISK ALLOCATION

7.01 Indemnification.
A. Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, or damages arising from Landlord’s breach of this Addendum or negligence in performing Pest Control Measures, limited to Actual Damages.
B. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, losses, or damages arising from Tenant’s breach of this Addendum or negligent acts that cause or exacerbate a Pest Infestation, limited to Actual Damages.

7.02 Limitation of Liability. Neither party shall be liable to the other for consequential, punitive, or special damages relating to Pest Infestation or Pest Control Measures; liability is limited to direct, actual damages proven.

7.03 Insurance. Each party shall maintain insurance coverage consistent with the Lease. Nothing herein creates additional insured obligations beyond the Lease.

7.04 Force Majeure. Performance deadlines are extended to the extent delayed by events beyond the reasonable control of the obligated party, excluding financial inability and Tenant-caused delays.

VIII. DISPUTE RESOLUTION

8.01 Governing Law. This Addendum and any dispute hereunder are governed by the laws of the State of New York, without regard to conflicts principles.

8.02 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the Housing Part of the Civil Court of the City of New York (or, if the Premises are outside New York City, the applicable New York State district, city, or town court with housing jurisdiction).

8.03 Arbitration. The parties expressly exclude arbitration; all disputes shall be resolved in the forum designated in § 8.02.

8.04 Jury Trial. Nothing herein waives either party’s constitutional right to a jury trial.

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

IX. GENERAL PROVISIONS

9.01 Amendment; Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. Waiver of any breach is not a waiver of any other or subsequent breach.

9.02 Assignment; Subletting. Assignment and subletting are governed by the Lease; assignees and subtenants must execute an assumption of this Addendum.

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

9.04 Severability. If any provision is held unenforceable, the remainder shall be enforced to the maximum extent permitted, and the invalid provision reformed to achieve its intent.

9.05 Integration. This Addendum, together with the Lease, constitutes the entire agreement on the subject matter. No oral statements shall modify or supplement its terms.

9.06 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts (including PDF or electronic signatures), each of which is deemed an original and all of which constitute one instrument.

X. EXECUTION BLOCK

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

Landlord:

[LANDLORD LEGAL NAME]
By: ______
Name: [AUTHORIZED SIGNATORY]
Title: [CAPACITY]
Date: _______

Tenant(s):
1. ______
[TENANT NAME]
Date: ________

2. ---

   
   [TENANT NAME]
   Date: ____

[Add additional signature lines as necessary]

[Optional Notary Acknowledgment]

[// GUIDANCE:
1. Attach current pest inspection report, if any, as Exhibit A.
2. Consider local (e.g., NYC) disclosure forms that may be legally required.
3. Review municipal codes for additional lead-based paint or allergen disclosure intersections.
4. Re-verify licensing status of Pest Management Professional annually.
]