PEST CONTROL AND INFESTATION DISCLOSURE ADDENDUM

to that certain Residential Lease Agreement for Premises Located in the State of Ohio

I. DOCUMENT HEADER

1. Parties.
   This Pest Control and Infestation Disclosure Addendum (this “Addendum”) is entered into as of [EFFECTIVE_DATE] (the “Effective Date”) by and between [LANDLORD_NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT_NAME(S)] (collectively, “Tenant”), and amends and is incorporated into that certain Residential Lease Agreement dated [ORIGINAL_LEASE_DATE] (the “Lease”) covering the residential real property commonly known as [PROPERTY_ADDRESS] (the “Premises”).

2. Consideration & Incorporation.
   The mutual promises set forth herein and in the Lease constitute good and valuable consideration. All capitalized terms used but not defined in this Addendum have the meanings given in the Lease. This Addendum shall control in the event of any inconsistency with the Lease.

3. Jurisdiction.
   This Addendum is governed by and shall be construed in accordance with the Ohio Landlord-Tenant Act, Ohio Rev. Code Ann. Chapter 5321, and other applicable Ohio law.

[// GUIDANCE: Attach this Addendum to the Lease at execution or, for existing tenancies, complete and execute as a written amendment in strict accordance with the Lease’s amendment clause.]

II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below:

“Affected Area” – The portion of the Premises or common areas confirmed by a Licensed Pest Professional in writing to be the source or site of an Infestation.

“Infestation” – The presence, past or current, of Pests in numbers or locations that (a) materially interfere with the habitability of the Premises, (b) pose a health or safety risk, or (c) contravene applicable health codes.

“Licensed Pest Professional” – A pest control operator duly licensed under Ohio law and carrying all permits, insurance, and bonding required to lawfully perform pest control services in the jurisdiction where the Premises are located.

“Pests” – Any insects, rodents, vermin, bed bugs, termites, fleas, cockroaches, spiders, ants, or other organisms classified as pests under applicable Ohio health, safety, or housing codes.

“Pest Control Services” – Inspection, monitoring, treatment, remediation, and preventive measures carried out by a Licensed Pest Professional.

“Structural Pests” – Wood-destroying organisms (termites, carpenter ants, etc.) or other Pests that compromise the structural integrity of the Premises.

[// GUIDANCE: Add or delete defined terms to match any property-specific pest risks.]

III. OPERATIVE PROVISIONS

3.1 Landlord’s Initial Disclosure and Inspection.
a. Landlord represents that, as of the Effective Date, Landlord has no actual knowledge of any Infestation in the Premises except as expressly disclosed on Exhibit A (if any).
b. Prior to Tenant’s initial occupancy, Landlord has caused the Premises to be inspected by a Licensed Pest Professional, and any Infestation identified has been remediated to the professional’s written satisfaction.

3.2 Tenant’s Right to Inspect; Initial Report.
Tenant shall, within [5–7] calendar days after taking possession, conduct a diligent visual inspection of the Premises and deliver to Landlord a written notice (“Initial Pest Report”) identifying any observed Pests. Failure to timely deliver the Initial Pest Report constitutes Tenant’s acknowledgment that no Infestation was observed upon occupancy.

3.3 Ongoing Duty to Maintain a Pest-Free Premises.
a. Landlord Obligations (Ohio Rev. Code Ann. § 5321.04(A)(2)):
i. Keep the Premises in a fit and habitable condition and perform all work reasonably necessary to prevent or eliminate Infestation, including arranging for and paying the cost of Pest Control Services for Structural Pests or any Infestation not caused by Tenant.
ii. Provide not less than [24] hours advance written notice before entering the Premises to perform Pest Control Services, except in emergencies.
b. Tenant Obligations (Ohio Rev. Code Ann. § 5321.05(A)(2)):
i. Maintain the Premises in a safe and sanitary condition, including proper food storage and waste disposal to discourage Pests.
ii. Promptly notify Landlord in writing upon first suspicion or evidence of any Infestation.
iii. Cooperate fully with all preparation instructions issued by the Licensed Pest Professional (e.g., laundering, bagging, or discarding personal property).
iv. Refrain from self-treating with over-the-counter pesticides without Landlord’s prior written consent.

3.4 Treatment Procedures.
a. All Pest Control Services shall be performed by a Licensed Pest Professional selected by Landlord in Landlord’s sole discretion, provided the professional is reasonably acceptable to Tenant.
b. Tenant shall grant Landlord and the Licensed Pest Professional reasonable access to the Premises during normal business hours on not less than [24] hours prior written notice, or immediately in an emergency.
c. If re-treatment is required within [30] days of the initial treatment due to Landlord’s or the professional’s failure to eradicate the Infestation, such re-treatment shall be undertaken at Landlord’s sole cost.

3.5 Cost Allocation.
a. Landlord shall bear 100 % of the cost of Pest Control Services relating to:
i. Structural Pests;
ii. Infestations existing prior to Tenant’s occupancy; or
iii. Infestations not caused by Tenant’s breach of Section 3.3(b).
b. Tenant shall reimburse Landlord, as Additional Rent due within [30] days of invoice, for all actual, reasonable costs incurred to remediate an Infestation that a Licensed Pest Professional determines was caused by Tenant’s negligence, willful misconduct, or violation of Section 3.3(b).
c. If responsibility cannot be reasonably assigned to either party, costs shall be shared 50 % / 50 %. Either party may initiate the dispute resolution procedure in Article VIII to contest allocation.

3.6 Disposal of Contaminated Property.
Personal property that a Licensed Pest Professional certifies in writing cannot be feasibly treated may be required to be removed or discarded by Tenant at Tenant’s sole expense. Tenant shall hold Landlord harmless from any claim arising from such disposal.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord. Landlord represents and warrants that:
a. Landlord has complied with all disclosure and notice obligations required under Ohio law;
b. Landlord has not willfully concealed any known Infestation; and
c. All prior Pest Control Services were performed in compliance with applicable regulations and manufacturer instructions.

4.2 Tenant. Tenant represents and warrants that:
a. No personal property to be brought onto the Premises is known or reasonably suspected to be infested;
b. Tenant has not been subject to eviction or litigation arising from any Infestation within the past [24] months; and
c. All statements made in any Initial Pest Report are true, complete, and accurate.

4.3 Survival. The representations and warranties in this Article IV survive termination of the Lease for a period of [12] months.

V. COVENANTS & RESTRICTIONS

5.1 Tenant shall not keep or store any items (including furniture obtained from thrift stores, curbside, or unknown sources) that a reasonable person would suspect may harbor Pests unless first inspected and cleared by a Licensed Pest Professional.

5.2 Tenant shall not introduce any chemical or biological pest treatment in the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion.

5.3 Tenant shall comply with all reasonable preparation and follow-up instructions provided by the Licensed Pest Professional, including temporary relocation if necessary. Failure to comply is a material breach and event of default under Article VI.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default:
a. Failure by Tenant to provide access for scheduled Pest Control Services;
b. Failure by either party to pay any cost allocation under Section 3.5 within [30] days of invoice;
c. Material misrepresentation under Article IV; or
d. Failure to comply with any covenant in Article V after written notice.

6.2 Notice & Cure.
The non-defaulting party must deliver written notice specifying the default. The defaulting party has [7] calendar days to cure (or such longer period as is reasonable if cure cannot be completed within 7 days, provided diligent efforts are commenced within that period).

6.3 Remedies.
a. Recover actual damages and reasonable attorneys’ fees and court costs;
b. Obtain injunctive or equitable relief to enforce habitability obligations under Ohio Rev. Code Ann. § 5321.04;
c. Pursue eviction or termination rights under the Lease and Ohio law; and
d. Exercise any other right or remedy available at law or in equity.

[// GUIDANCE: Under Ohio law, consequential or punitive damages are generally disfavored where the contract expressly limits recovery. Section 7.2 caps liability accordingly.]

VII. RISK ALLOCATION

7.1 Indemnification.
a. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any and all losses, claims, and actual damages arising from Tenant’s breach of this Addendum or negligent introduction of Pests.
b. Landlord shall indemnify, defend, and hold harmless Tenant from and against any and all losses, claims, and actual damages arising from Landlord’s failure to perform its obligations under this Addendum.

7.2 Limitation of Liability.
The total liability of either party to the other for any claim arising under this Addendum shall not exceed the amount of actual, direct damages proven, and shall exclude punitive, consequential, special, or speculative damages.

7.3 Insurance.
Each party shall maintain (i) property insurance covering its own personal property; and (ii) liability insurance in commercially reasonable amounts. Proof of coverage shall be furnished upon written request.

7.4 Force Majeure.
Neither party is liable for delay or failure to perform any obligation (other than payment) caused by events beyond its reasonable control, including labor disputes, supply chain interruptions, natural disasters, or governmental orders. The affected party shall promptly notify the other in writing and resume performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum and any dispute arising hereunder are governed by the laws of the State of Ohio, without regard to conflicts-of-law principles.

8.2 Forum Selection / Jurisdiction.
Each party irrevocably submits to the exclusive jurisdiction of the [COUNTY_HOUSING_COURT] Housing Court (or such successor court having jurisdiction over residential landlord-tenant matters) for any action arising out of or relating to this Addendum.

8.3 Arbitration Excluded.
The parties expressly agree that any form of binding arbitration is excluded. Nothing herein shall preclude non-binding mediation by mutual agreement.

8.4 Preservation of Jury Trial and Injunctive Relief.
The parties acknowledge and affirm their constitutional right to a trial by jury, which right is expressly preserved. Either party may seek temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable remedies as necessary to protect habitability or to prevent irreparable harm.

8.5 Attorneys’ Fees.
The prevailing party in any action or proceeding arising out of this Addendum shall be entitled to recover its reasonable attorneys’ fees and costs, subject to the limitation in Section 7.2.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers.
No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by all parties. No failure or delay in enforcing any right constitutes a waiver.

9.2 Assignment.
Tenant may not assign or sublease all or any part of the Premises without Landlord’s prior written consent, which may be withheld consistent with Ohio law.

9.3 Successors & Assigns.
This Addendum binds and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.

9.4 Severability.
If any provision is held unenforceable, such provision shall be reformed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

9.5 Integration.
This Addendum, together with the Lease and any exhibits, constitutes the entire agreement regarding Pest matters and supersedes all prior oral or written statements.

9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Electronic signatures and PDF copies are deemed originals for all purposes.

X. EXECUTION BLOCK

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

[// GUIDANCE: If either party is an entity, attach evidence of authority (e.g., resolution, operating agreement excerpt) as Exhibit B. Notarization is optional under Ohio law for lease addenda but may be advisable for record clarity.]

EXHIBIT A

Schedule of Known Infestations (if any)
(Attach Licensed Pest Professional’s written report.)