Pest Control & Infestation Disclosure Addendum

to Residential Lease Agreement – State of Oklahoma

[// GUIDANCE: This addendum is intended for attachment to a pre-existing written Residential Lease Agreement (the “Lease”). Verify that the Lease’s integration clause permits modification by addendum and reference the exact execution date of the Lease in the Recitals below.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Addendum Title: Pest Control & Infestation Disclosure Addendum (the “Addendum”)
Date of Addendum: [EFFECTIVE DATE]
Landlord: [LANDLORD LEGAL NAME], (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)], (“Tenant”)
Premises: [STREET ADDRESS, CITY, COUNTY, OKLAHOMA ZIP] (the “Property”)
Original Lease: Residential Lease Agreement dated [LEASE DATE] by and between Landlord and Tenant (together with all prior amendments, the “Lease”).

Recitals
A. Landlord and Tenant desire to supplement the Lease to allocate responsibilities, disclose current conditions, and establish treatment procedures concerning pests and infestations at the Property.
B. Pursuant to Okla. Stat. tit. 41, § 118 (2023), Landlord has a statutory duty to deliver and maintain the Property in a fit and habitable condition, which includes taking reasonable measures to control pests.
C. The parties therefore agree as follows.

2. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. Capitalized terms not defined herein have the meanings assigned in the Lease.

“Actual Damages” – Direct, out-of-pocket costs actually incurred and documented, excluding consequential, incidental, speculative, or punitive damages.

“Inspection Report” – A written report from a licensed pest-control professional describing the presence or absence of Pests and recommended Treatment.

“Pests” – Any rodents, insects (including bed bugs, cockroaches, ants, termites, and fleas), arachnids, or similar vermin capable of compromising habitability.

“Professional Treatment” or “Treatment” – Any application of pesticide or remediation measure performed by a pest-control company duly licensed under Oklahoma law.

“Treatment Event” – Each scheduled occasion on which Professional Treatment is rendered.

“Treatment Notice” – Written notice from Landlord to Tenant (or vice-versa) specifying the date, approximate time window, and preparation requirements for a Treatment Event.

3. OPERATIVE PROVISIONS

3.1 Scope; Incorporation. This Addendum is incorporated into and forms part of the Lease. In the event of conflict, this Addendum governs with respect to pest control matters only.

3.2 Disclosure of Current Conditions.
(a) Landlord represents that as of the Effective Date Landlord has:
(i) caused a licensed pest-control professional to inspect the Property within thirty (30) days prior to the Effective Date; and
(ii) delivered to Tenant a copy of the corresponding Inspection Report.
(b) Tenant acknowledges receipt of the Inspection Report and affirms that Tenant has conducted a visual inspection of the Property and observed ☐ no evidence / ☐ evidence of Pests (check one).

3.3 Landlord Obligations.
(a) Initial & Routine Treatment. Landlord shall, at Landlord’s sole cost, perform (i) any Treatment recommended in the Inspection Report; and (ii) routine preventative Treatment not less than semi-annually.
(b) Compliance with Law. Landlord will ensure that all Treatment complies with applicable state and federal pesticide regulations and product labeling.
(c) Notice. Landlord shall provide Tenant a Treatment Notice at least forty-eight (48) hours before each Treatment Event, except in emergencies that materially threaten habitability, in which case reasonable notice consistent with 41 O.S. § 128(C) shall suffice.

3.4 Tenant Obligations.
(a) Preparation & Access. Tenant shall:
(i) follow all preparation instructions contained in any Treatment Notice;
(ii) provide unobstructed access to the Property during the Treatment window; and
(iii) secure or remove pets, food, and personal items as instructed.
(b) Reporting Requirement. Tenant must notify Landlord in writing of any suspected Pest activity within forty-eight (48) hours of discovery.
(c) Prevention Measures. Tenant shall maintain reasonable cleanliness, dispose of garbage properly, avoid excessive clutter, and refrain from introducing used furniture or bedding without first inspecting for Pests.

3.5 Cost Allocation.
(a) Landlord Cost. Landlord bears the cost of all (i) initial and routine preventative Treatment; and (ii) Treatment required by no fault of Tenant.
(b) Tenant Cost. If a licensed pest-control professional reasonably determines that an infestation was caused or materially exacerbated by Tenant’s negligence, willful misconduct, or violation of Section 3.4, Tenant shall reimburse Landlord for the Actual Damages incurred for related Treatment within thirty (30) days after written demand and supporting documentation.
(c) Security Deposit. Landlord may deduct reimbursable Actual Damages from the security deposit pursuant to 41 O.S. § 115(B) and the Lease.

3.6 Entry Authorization. Tenant hereby authorizes Landlord and Landlord’s contractors to enter the Property for Treatment Events in accordance with Section 3.3(c) above and 41 O.S. § 128.

3.7 Personal Property Disclaimer. Tenant is solely responsible for protecting and, if necessary, treating Tenant’s personal property. Landlord shall not be liable for loss of or damage to Tenant’s personal property caused by Pests or Treatment, except to the extent resulting from Landlord’s gross negligence or willful misconduct.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents it has full authority to enter into this Addendum.

4.2 Landlord Representations. Landlord represents that, to Landlord’s actual knowledge without independent investigation, the Property is free of active infestation as of the Effective Date.

4.3 Tenant Representations. Tenant represents that (i) Tenant has not vacated any location within the previous twelve (12) months due to a bed-bug or other Pest infestation; or, if so, Tenant has disclosed such history in writing to Landlord; and (ii) all information provided in connection with this Addendum is true, accurate, and complete.

4.4 Survival. Representations and warranties in this Addendum survive expiration or earlier termination of the Lease for one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants. Each party shall comply with all obligations set forth in Section 3.

5.2 Negative Covenants. Tenant shall not:
(a) apply over-the-counter pesticides in a manner inconsistent with labeling;
(b) impede Landlord’s or a pest-control professional’s entry for inspection or Treatment; or
(c) undertake self-help Pest eradication measures likely to cause Property damage.

5.3 Notice & Cure. A party alleging the other’s breach of this Addendum shall provide written notice specifying the breach. The breaching party has seven (7) days to cure (or commence diligent cure) before default remedies may be invoked, except that emergencies affecting health or safety may require immediate action.

6. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant Default. Failure of Tenant to: (i) pay reimbursable Treatment costs; (ii) provide access; or (iii) comply with Section 3.4 constitutes a material Lease default.
(b) Landlord Default. Failure of Landlord to perform required Treatment within a reasonable time after notice constitutes a material Lease default.

6.2 Remedies.
(a) Landlord Remedies. Upon Tenant Default, Landlord may pursue any remedies available under the Lease and Oklahoma law, including recovery of Actual Damages, injunctive relief compelling compliance, and reasonable attorney fees.
(b) Tenant Remedies. Upon Landlord Default, Tenant may seek injunctive relief (including rent abatement or specific performance limited to habitability issues) and Actual Damages as permitted by law, subject to Section 7.2.
(c) Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs as provided in 41 O.S. § 123.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from third-party claims for bodily injury or property damage to the extent caused by Landlord’s breach of this Addendum or gross negligence.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from third-party claims and Actual Damages arising out of Tenant’s breach of this Addendum, negligence, or willful misconduct.

7.2 Limitation of Liability. Except for (i) indemnification obligations under Section 7.1; (ii) unpaid rent; or (iii) damages arising from a party’s gross negligence or willful misconduct, each party’s liability under this Addendum and the Lease related to Pest issues is limited to Actual Damages. Consequential, incidental, exemplary, and punitive damages are expressly disclaimed.

7.3 Insurance. Tenant is encouraged to obtain renters’ insurance covering personal property loss due to infestation or Treatment. [// GUIDANCE: Insert mandatory insurance language if required by your client’s risk policy.]

7.4 Force Majeure. Delays in Treatment caused by events beyond the reasonable control of the responsible party (including unavailability of pesticides, governmental restrictions, or acts of God) suspend performance obligations for the duration of such event, provided diligent efforts to mitigate are undertaken.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any disputes hereunder are governed by the laws of the State of Oklahoma, including the Oklahoma Residential Landlord and Tenant Act, Okla. Stat. tit. 41, §§ 101 et seq., without regard to conflict-of-law principles.

8.2 Forum Selection. Exclusive jurisdiction and venue lie in the [NAME OF RELEVANT OKLAHOMA DISTRICT OR HOUSING COURT] located in the county where the Property is situated.

8.3 Arbitration. The parties expressly opt out of arbitration.

8.4 Jury Trial. Each party retains its constitutional right to a trial by jury.

8.5 Injunctive Relief. Nothing herein limits a party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or prevent irreparable harm.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver of this Addendum is effective unless in writing and signed by both parties. A waiver on one occasion is not a waiver of any future breach.

9.2 Assignment. Tenant may not assign or sublet the Property without Landlord’s prior written consent, which may be conditioned on the proposed assignee’s execution of this Addendum.

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

9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remainder shall be enforced to the fullest extent permitted by law, and the invalid provision shall be reformed to achieve its intent within legal limits.

9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement between the parties regarding pest control, superseding all prior oral or written statements on the subject.

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. Signatures transmitted electronically (including via e-signature platform) are binding.

10. EXECUTION BLOCK

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

[OPTIONAL NOTARY ACKNOWLEDGMENT – use if required by local recording custom]

[// GUIDANCE:
1. Verify the notice periods in Sections 3.3(c) and 5.3 conform with any city-specific ordinances.
2. Attach the most recent Inspection Report as “Exhibit A” for best practice.
3. If the Property is part of a multi-unit complex, consider adding shared-area obligations and coordination language.
4. Consult environmental counsel before using heat or fumigation methods requiring special permits.]