RESIDENTIAL LEASE ADDENDUM

PEST CONTROL DISCLOSURE & ALLOCATION OF RESPONSIBILITIES

(OREGON)

[// GUIDANCE: This template is drafted to comply with the Oregon Residential Landlord-Tenant Act (“ORLTA”), OR. REV. STAT. §§ 90.100 et seq. Adjust bracketed placeholders, optional language, and cross-references before execution.]

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 Disclosure & Allocation of Responsibilities Addendum (“Addendum”)
Parties:
• “Landlord” – [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
• “Tenant” – [TENANT LEGAL NAME(S)]

Primary Lease: Residential Lease dated [LEASE DATE] (the “Lease”) for the premises commonly known as [PREMISES ADDRESS] (the “Premises”).

Effective Date: [EFFECTIVE DATE] (the “Effective Date”).

Recitals:
A. Landlord and Tenant entered into the Lease for the Premises.
B. ORLTA requires landlords to maintain habitability, including reasonable pest control.
C. The Parties wish to supplement the Lease to clarify pest-related duties, treatment procedures, and cost allocation consistent with ORLTA and to mitigate potential disputes.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. Any term not defined herein shall have the meaning ascribed in the Lease or ORLTA, as applicable.

“Act” means the Oregon Residential Landlord-Tenant Act, OR. REV. STAT. §§ 90.100 et seq.

“Actual Damages” means objectively verifiable damages suffered by a Party, excluding special, consequential, exemplary, or punitive damages.

“Authorized Pest Control Professional” means a pest management company or individual licensed under applicable Oregon administrative rules, engaged by either Party pursuant to this Addendum.

“Excessive Infestation” means an infestation that materially affects habitability or poses a health or safety risk, as reasonably determined by an Authorized Pest Control Professional.

“Infestation” means the presence of insects, rodents, or other pests in sufficient number to require professional treatment to comply with the Act’s habitability standards, including but not limited to bed bugs, cockroaches, ants, termites, mice, or rats.

“Inspection Window” means the first ten (10) calendar days after the Commencement Date of the Lease, unless extended by written agreement.

“Pest Control Plan” means a written treatment, remediation, and monitoring proposal prepared by an Authorized Pest Control Professional.

“Premises” has the meaning given in the Lease and includes any common areas to which Tenant has access.

3. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum is hereby incorporated into and made part of the Lease. In the event of conflict, the terms of this Addendum control with respect to pest matters.

3.2 Initial Condition & Inspection.
(a) Landlord shall deliver the Premises free of Infestation on the Commencement Date, in compliance with ORS § 90.320(1)(f).
(b) Tenant shall have the Inspection Window to notify Landlord in writing of any observed Infestation. Failure to provide timely notice constitutes prima facie evidence that no Infestation existed at delivery.

3.3 Ongoing Duty to Report. Tenant shall promptly (and in any event within forty-eight (48) hours) notify Landlord in writing upon first knowledge or reasonable suspicion of Infestation.

3.4 Access & Cooperation. Tenant shall provide Landlord and any Authorized Pest Control Professional reasonable access to the Premises for inspection and treatment upon at least twenty-four (24) hours’ notice, subject to ORS § 90.322. Tenant shall follow all preparation and remediation instructions.

3.5 Cost Allocation.
(a) Landlord Responsibility. Landlord shall bear all reasonable costs for inspection, treatment, and remediation of:
 (i) any Infestation existing at delivery; or
 (ii) any Infestation not caused by Tenant, Occupants, guests, or invitees.
(b) Tenant Responsibility. Tenant shall bear all reasonable costs for inspection, treatment, and remediation of Infestation caused by Tenant’s failure to maintain sanitary conditions, introduction of pests, or non-compliance with Section 5.1.

3.6 Treatment Procedures. All treatments shall:
(a) be performed only by an Authorized Pest Control Professional;
(b) comply with all federal, state, and local regulations; and
(c) aim to eradicate Infestation to the habitability standard set forth in the Act.

3.7 Relocation Expenses. Temporary relocation, if required by treatment, shall be at Tenant’s sole cost unless (i) the Infestation is Landlord’s responsibility under Section 3.5(a) and (ii) relocation is required by written recommendation of the Authorized Pest Control Professional, in which case Landlord shall reimburse reasonable, documented hotel or lodging expenses not to exceed [DOLLAR AMOUNT] per night for up to [NUMBER] nights.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord. Landlord represents and warrants that, to Landlord’s actual knowledge:
(a) Landlord has not received written notice of Infestation in the Premises within the ninety (90) days preceding the Commencement Date, except as disclosed in Exhibit A; and
(b) Landlord will comply with all applicable statutes, regulations, and ordinances governing pest control.

4.2 Tenant. Tenant represents and warrants that:
(a) Tenant has not experienced a bed-bug or similar Infestation within ninety (90) days prior to occupancy, or if so, such Infestation was fully remedied prior to moving any personal property into the Premises;
(b) All personal property brought into the Premises has been inspected and is free of pests; and
(c) Tenant will comply with all preparation and remediation instructions provided pursuant to Section 3.6.

4.3 Survival. The representations and warranties in this Section 4 shall survive the expiration or earlier termination of the Lease for a period of twelve (12) months.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
(a) maintain the Premises in a clean and sanitary condition;
(b) avoid accumulating trash, food waste, or other attractants;
(c) use covered containers for trash and promptly remove garbage; and
(d) refrain from installing or using personal pest control products that are inconsistent with label directions or could interfere with professional treatments.

5.2 Landlord Covenants. Landlord shall:
(a) retain only duly licensed, insured Authorized Pest Control Professionals;
(b) maintain all structural and weather-proofing elements to reduce pest ingress; and
(c) keep common areas free of conditions conducive to Infestation.

5.3 Notice & Cure. Any Party allegedly in breach of Sections 3-5 shall receive written notice and a cure period of seven (7) days (or such shorter period as may be required by the Act for material habitability issues).

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default:
(a) Failure to pay amounts due under Section 3.5 within ten (10) days of written demand;
(b) Material violation of Section 5.1 or failure to cooperate with treatment efforts;
(c) False representation under Section 4; or
(d) Landlord’s failure to initiate treatment within a reasonable time after receiving notice of Landlord-responsible Infestation.

6.2 Remedies.
(a) Landlord Remedies. Upon Tenant default, Landlord may: (i) perform Tenant obligations and charge costs as additional rent; (ii) pursue any remedy allowed under the Lease and the Act, including termination; and (iii) recover Actual Damages, attorney fees, and costs as provided in Section 6.4.
(b) Tenant Remedies. Upon Landlord default, Tenant may: (i) pursue statutory habitability remedies under ORS §§ 90.365–90.370; (ii) seek injunctive relief to compel treatment; and (iii) recover Actual Damages and reasonable attorney fees as provided in Section 6.4.

6.3 Mitigation. Each Party shall take commercially reasonable steps to mitigate its damages.

6.4 Attorney Fees. Subject to ORS § 90.255, the prevailing Party in any action arising out of this Addendum shall be entitled to recover reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification. To the extent permitted by law and subject to the Actual Damages limitation below:
(a) Tenant shall indemnify, defend, and hold Landlord harmless from claims, losses, and liabilities (including Actual Damages and reasonable attorney fees) arising from Infestation caused by Tenant’s breach of this Addendum.
(b) Landlord shall indemnify, defend, and hold Tenant harmless from claims, losses, and liabilities arising from Landlord’s breach of this Addendum or failure to maintain habitability as required by the Act.

7.2 Limitation of Liability. EXCEPT FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR STATUTORY HABITABILITY DUTIES THAT MAY NOT BE LIMITED, EACH PARTY’S LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ITS ACTUAL DAMAGES.

7.3 Insurance. Tenant is advised to obtain renter’s insurance covering personal property damage due to pests. Landlord’s insurance does not cover Tenant personal property.

7.4 Force Majeure. Neither Party shall be liable for failure to perform strictly required pest treatments during periods when performance is prevented by events beyond that Party’s reasonable control, provided performance resumes as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws of the State of Oregon and the Act.

8.2 Forum Selection. Subject to jurisdictional limits, exclusive venue shall lie in the [COUNTY] Circuit Court – Housing Court Division (or its successor) (“Housing Court”).

8.3 Arbitration Excluded. The Parties expressly decline arbitration.

8.4 Jury Trial. Each Party retains any constitutional right to a trial by jury; nothing herein shall be construed as a waiver of such right.

8.5 Injunctive Relief. Nothing in this Addendum limits either Party’s right to seek emergency or injunctive relief for habitability or public-health concerns.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver is effective unless in a written instrument signed by all Parties. A waiver on one occasion is not a waiver of any subsequent breach.

9.2 Assignment & Delegation. Tenant may not assign this Addendum or delegate duties without Landlord’s prior written consent, except as provided by the Act.

9.3 Successors & Assigns. This Addendum binds and inures to the benefit of the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the maximum extent permitted, and the invalid provision shall be reformed to reflect the Parties’ original intent.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties concerning pest matters, 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, and all of which constitute one instrument. Signatures transmitted electronically (e.g., PDF or verified e-signature platform) are binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the Effective Date.

[// GUIDANCE: Attach Exhibit A – Landlord’s disclosure of any known prior infestations, if applicable. Confirm whether local ordinances impose additional notice requirements (e.g., Portland Code § 30.01.190 for bed bugs).]

© [YEAR] [LAW FIRM / AUTHOR]. All rights reserved. This template is provided for general informational purposes and should be reviewed and customized by a licensed Oregon attorney prior to use.