PEST DISCLOSURE AND CONTROL ADDENDUM

(to Residential Lease Agreement)

[// GUIDANCE: This Addendum is intended for use with Pennsylvania residential leases. Replace all bracketed placeholders, delete guidance comments prior to execution, and ensure consistency with the underlying lease.]

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

1.1 Title and Parties
This Pest Disclosure and Control Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [LANDLORD LEGAL NAME], a [STATE] [entity type], with a principal address at [NOTICE ADDRESS – LANDLORD] (“Landlord”); and
(b) [TENANT LEGAL NAME(S)], residing at [UNIT ADDRESS] (“Tenant,” collectively “Tenants” if more than one).

1.2 Recitals
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the premises located at [UNIT ADDRESS] (the “Premises”).
B. Pursuant to the Pennsylvania Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., and applicable local housing codes, Landlord must provide a dwelling fit for human habitation, including freedom from pest infestation.
C. The parties desire to supplement the Lease to allocate responsibilities, establish procedures, and make disclosures regarding pest control.

NOW, THEREFORE, in consideration of the mutual covenants herein and other 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. Undefined capitalized terms have the meanings assigned in the Lease.

“Actual Damages” means direct, out-of-pocket losses proved with reasonable certainty, excluding consequential, special, punitive, or exemplary damages.
“Common Areas” means all halls, stairways, laundry rooms, basements, yards, and other areas outside the Premises but within the property under Landlord’s control.
“Licensed Pest Professional” means an individual or entity duly licensed under 7 Pa. Code § 128.101 et seq. to perform pest inspection and treatment.
“Pest” means any insect, rodent, or other vermin, including but not limited to bedbugs (Cimex lectularius), cockroaches, ants, mice, rats, fleas, termites, and any other organism reasonably considered a pest under applicable public health regulations.
“Pest Infestation” means the presence, or reasonably suspected presence, of one or more Pests in the Premises or Common Areas.
“Pest Treatment” means any inspection, application of pesticide, heat remediation, trapping, or other method performed by a Licensed Pest Professional to eradicate Pests.
“Repair Period” has the meaning set forth in Section 6.1(b).

3. OPERATIVE PROVISIONS

3.1 Scope. This Addendum forms an integral part of the Lease, applies throughout the Lease Term (including any renewal or holdover), and survives until all obligations herein are satisfied.

3.2 Pest Control Obligations.
(a) Landlord Obligations.
(i) Initial Inspection. Landlord shall cause the Premises to be inspected by a Licensed Pest Professional within [X] days prior to Tenant’s initial occupancy and shall disclose any findings to Tenant in writing.
(ii) Habitability. Landlord shall, at its expense, maintain the Premises and Common Areas in a condition free from Pest Infestation not caused by Tenant Misconduct (defined below).
(iii) Preventive Measures. Landlord shall implement a periodic pest-control program for Common Areas, at intervals not to exceed [QUARTERLY].

(b) Tenant Obligations.
(i) Cleanliness & Storage. Tenant shall keep the Premises in a sanitary condition, store food in sealed containers, dispose of garbage regularly, and avoid conduct that attracts Pests.
(ii) Prompt Notice. Tenant shall notify Landlord in writing of any Pest Infestation or conditions likely to cause infestation within [24] hours of discovery.
(iii) Cooperation. Tenant shall comply with all preparation instructions issued by a Licensed Pest Professional and shall provide access for inspection and Pest Treatment upon [24] hours’ notice, or sooner if required by health authorities.
(iv) Tenant Misconduct. “Tenant Misconduct” means (A) failure to comply with this Section 3.2(b); (B) introduction of Pests through personal property, pets, or guests; or (C) unreasonable refusal to permit or cooperate with Pest Treatment.

3.3 Treatment Procedures.
(a) Scheduling. Upon receipt of notice of Pest Infestation, Landlord shall, within [72] hours, engage a Licensed Pest Professional to inspect the Premises.
(b) Determination of Responsibility. The Licensed Pest Professional’s written report shall be prima facie evidence of the cause of the Pest Infestation.
(c) Implementation. Pest Treatment shall be commenced within [5] business days after the inspection report, or sooner if required by public health authorities.
(d) Follow-Up. Landlord shall provide Tenant with a written clearance confirmation upon completion of treatment.

3.4 Cost Allocation.
(a) Landlord Responsible Costs. Landlord shall bear all reasonable costs of inspection and Pest Treatment, except as provided in Section 3.4(b).
(b) Tenant Responsible Costs. If the Licensed Pest Professional’s report attributes the Pest Infestation to Tenant Misconduct, Tenant shall reimburse Landlord, as Additional Rent, for (i) inspection and Pest Treatment, (ii) any damages to the Premises caused by the infestation, and (iii) reasonable attorney fees incurred to collect such amounts.
(c) Disputed Charges. Tenant may dispute Tenant Responsible Costs by written notice within [10] days of invoice receipt; failure to dispute constitutes acceptance. The parties shall confer in good faith; unresolved disputes shall be handled pursuant to Article 8.

3.5 Entry; Notice. Entry for inspection or Pest Treatment shall be in accordance with the notice requirements of the Lease and 68 P.S. § 250.503-A.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations. Landlord represents that to the best of its knowledge, based on the inspection referenced in Section 3.2(a)(i), the Premises are free of active Pest Infestation as of the Effective Date.

4.2 Tenant Representations. Tenant represents that:
(a) Tenant has not experienced bedbug or other Pest Infestations in any residence within the past [12] months, or, if so, has disclosed the details in writing to Landlord; and
(b) All personal property introduced to the Premises has been inspected or treated to ensure it is Pest-free.

4.3 Survival. The representations and warranties in this Article 4 survive the expiration or earlier termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. In addition to obligations in Section 3.2(b), Tenant shall:
(a) Not apply any over-the-counter pesticide or self-treatment that could interfere with professional Pest Treatment;
(b) Immediately bag and launder infested linens or clothing as directed by the Licensed Pest Professional;
(c) Not discard infested furniture in Common Areas without securely wrapping and clearly labeling it as “Pest-Infested.”

5.2 Landlord Covenants. Landlord shall:
(a) Maintain records of all Pest Treatments performed and, upon written request, provide Tenant with copies;
(b) Use only pesticides registered with the Pennsylvania Department of Agriculture and applied in accordance with manufacturer specifications.

5.3 Notice & Cure. Except for emergencies, the party alleging a breach of any covenant shall provide written notice specifying the nature of the breach and a cure period of [7] days. Failure to cure constitutes an Event of Default under Article 6.

6. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant Default. Tenant’s failure to comply with Articles 3 or 5, or failure to pay Tenant Responsible Costs within [15] days of demand, constitutes a default.
(b) Landlord Default. Landlord’s failure to commence Pest Treatment within the timeframe required by Section 3.3(c) constitutes a default; Landlord shall have [10] days after receipt of Tenant’s notice to cure (the “Repair Period”).

6.2 Remedies.
(a) Landlord Remedies. Upon Tenant Default, Landlord may pursue any remedy available under the Lease or applicable law, including (i) recovery of Actual Damages, (ii) injunctive relief compelling compliance, and (iii) termination of the Lease.
(b) Tenant Remedies. Upon Landlord Default that remains uncured after the Repair Period, Tenant may (i) withhold a reasonable portion of rent reflective of uninhabitable conditions, as permitted by 68 P.S. § 250.206, (ii) obtain injunctive relief to compel Pest Treatment, or (iii) terminate the Lease without penalty.
(c) Attorney Fees. The prevailing party in any action arising under this Addendum shall be entitled to reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, liabilities, and Actual Damages arising out of Tenant Misconduct or Tenant’s breach of this Addendum.
(b) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, liabilities, and Actual Damages arising out of Landlord’s breach of this Addendum or negligent failure to maintain the Premises free from Pest Infestation.

7.2 Limitation of Liability. Except for (i) obligations to pay Rent and Additional Rent, and (ii) claims arising from a party’s gross negligence or willful misconduct, each party’s aggregate liability under this Addendum is limited to Actual Damages.

7.3 Insurance. Landlord shall maintain property insurance that includes coverage for Pest-related structural damage. Tenant is advised to maintain renters’ insurance covering personal property loss due to Pests.

7.4 Force Majeure. Neither party shall be liable for delays in performance caused by events beyond reasonable control, excluding Tenant Misconduct and routine seasonal pest activity.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts-of-law principles.

8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the Court of Common Pleas of [COUNTY OF JURISDICTION], Housing Court Division.

8.3 Arbitration. The parties expressly agree that arbitration is excluded; all disputes shall be resolved in the designated court.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of any party’s constitutional right to a jury trial.

8.5 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.

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. A waiver on one occasion is not a waiver of any future breach.

9.2 Assignment. Tenant shall not assign rights or delegate duties under this Addendum without Landlord’s prior written consent. Any attempted assignment in violation of this section is void.

9.3 Successors & Assigns. Subject to Section 9.2, this Addendum binds and benefits the parties and their respective heirs, successors, and permitted assigns.

9.4 Severability. If any provision of this Addendum is held invalid, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties regarding pest control and supersedes all prior discussions or understandings on the subject.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts, each deemed an original, and may be signed electronically pursuant to 73 P.S. § 2260.101 et seq.

10. EXECUTION BLOCK

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

[Additional Tenant Signature Blocks as Needed]

[// GUIDANCE: Notarization is generally not required for residential leases in PA, but verify local ordinance or lender requirements. If notarization is desired, insert acknowledgment blocks here.]

[// GUIDANCE: Attach the Licensed Pest Professional’s initial inspection report as Exhibit A, and any subsequent treatment schedules as Exhibit B.]