PEST CONTROL & DISCLOSURE ADDENDUM
to
RESIDENTIAL LEASE AGREEMENT
(State of Rhode Island)
[// GUIDANCE: This template is intended for use as an addendum to an existing residential lease governed by Rhode Island law. Bracketed terms must be completed or modified by counsel to match the underlying Lease and factual circumstances.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1. Statutory Disclosure
3.2. Landlord Representations & Warranties
3.3. Tenant Representations & Covenants
3.4. Inspection, Treatment & Access
3.5. Cost Allocation
3.6. Documentation & Records - Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
THIS PEST CONTROL & DISCLOSURE ADDENDUM (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] (“Landlord”); and
• [TENANT LEGAL NAME(S)] (“Tenant”).
Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) concerning the residential real property located at [PREMISES ADDRESS] (the “Premises”). The parties desire to supplement the Lease in accordance with applicable Rhode Island landlord-tenant law (currently codified at R.I. Gen. Laws Title 34, Chapter 18, as amended). 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
As used in this Addendum, the following terms have the meanings indicated below; capitalized terms not defined herein have the meanings assigned in the Lease.
“Actual Damages” means the direct, out-of-pocket costs reasonably incurred and documented, exclusive of special, consequential, punitive or exemplary damages.
“Common Areas” means all areas of the building or complex (if any) outside the Premises that are available for common use.
“Infestation” means the presence of insects, rodents, bedbugs, cockroaches, or other vermin in a manner that materially affects health, safety, or habitability.
“Licensed Pest Control Professional” means a person or entity duly licensed under applicable Rhode Island regulations to perform pest inspection and treatment services.
“Notice of Infestation” means written notice, consistent with Section 3.4(a), describing the nature and location of any suspected Infestation.
“Treatment” means any inspection, remediation, chemical or non-chemical procedure performed by a Licensed Pest Control Professional to eliminate or control Infestation.
3. OPERATIVE PROVISIONS
3.1 Statutory Disclosure
(a) Landlord hereby discloses that, to Landlord’s actual knowledge as of the Effective Date, [SELECT ONE: “there is no current Infestation in the Premises or Common Areas” / “the following Infestation has been identified and professionally treated on or about [DATE]: ______”].
(b) Tenant acknowledges receipt of this disclosure prior to occupancy (or, if executed after occupancy, prior to the execution of this Addendum).
[// GUIDANCE: Rhode Island law imposes a continuing duty on the landlord to maintain the premises in a condition that meets habitability standards, including freedom from Infestation.]
3.2 Landlord Representations & Warranties
Landlord represents, warrants and covenants that:
1. The Premises have been initially inspected and, to the best of Landlord’s knowledge, are delivered free of Infestation;
2. Any Treatment will be performed by a Licensed Pest Control Professional in compliance with all applicable laws;
3. Landlord will maintain records of all Inspections and Treatments for not less than four (4) years and, upon written request, will provide Tenant reasonable access to such records.
3.3 Tenant Representations & Covenants
Tenant represents, warrants and covenants that:
1. Tenant has inspected, or had the opportunity to inspect, the Premises before taking possession and has not observed any Infestation except as disclosed in Section 3.1(a);
2. Tenant will (i) keep the Premises in a clean and sanitary condition, (ii) promptly dispose of garbage, and (iii) refrain from actions that could attract or harbor vermin;
3. Tenant will promptly deliver a Notice of Infestation upon discovery or reasonable suspicion of any Infestation;
4. Tenant will cooperate fully and grant access as reasonably required for Inspection and Treatment, including temporary relocation within the building where necessary;
5. Tenant will comply with all pre-Treatment and post-Treatment instructions provided by the Licensed Pest Control Professional (e.g., laundering, bagging, furniture movement).
3.4 Inspection, Treatment & Access
(a) Notice & Scheduling. Within five (5) business days after Landlord’s receipt of any Notice of Infestation, Landlord shall arrange an Inspection by a Licensed Pest Control Professional and shall give Tenant at least forty-eight (48) hours’ advance written notice of the Inspection.
(b) Access. Tenant shall provide access to the Premises during normal business hours or as otherwise agreed. Failure to provide access constitutes a material breach and an event of default.
(c) Treatment Time-Frame. If Infestation is confirmed, Landlord shall commence Treatment within ten (10) business days after receipt of the Inspection report and shall use commercially reasonable efforts to complete such Treatment in a diligent manner.
(d) Follow-Up. A re-inspection shall be conducted not later than fourteen (14) calendar days following completion of each Treatment round. Additional Treatment shall be provided until Infestation is resolved or deemed under control by the Licensed Pest Control Professional.
3.5 Cost Allocation
(a) Initial Cost. Except as provided in Section 3.5(b), Landlord shall bear the reasonable cost of Inspection and Treatment.
(b) Tenant Responsibility. If (i) the Licensed Pest Control Professional certifies in writing that the Infestation was caused by Tenant’s willful misconduct, negligence, or failure to comply with Section 3.3, or (ii) Tenant unreasonably refuses access or fails to follow Treatment instructions, Tenant shall reimburse Landlord for the actual, reasonable cost of additional Inspection and Treatment, as Additional Rent, within thirty (30) days after written demand.
(c) Recurring Services. Landlord may elect, at its discretion, to provide periodic preventative pest control services. If such services are initiated after commencement of the Lease, Landlord may allocate the pro rata cost among tenants as permitted by law, provided that Tenant receives at least thirty (30) days’ prior written notice.
3.6 Documentation & Records
Landlord shall (a) maintain copies of all Inspection reports, Treatment records, and third-party invoices, and (b) make such documents available to the Rhode Island Department of Health, any other authority having jurisdiction, or to Tenant upon reasonable request and with at least forty-eight (48) hours’ prior notice.
4. DEFAULT & REMEDIES
4.1 Tenant Default. Each of the following constitutes an event of default:
a. Failure to provide access for Inspection or Treatment;
b. Failure to pay any reimbursable costs under Section 3.5(b);
c. Violation of any covenant in Section 3.3.
4.2 Cure Period. Landlord shall deliver written notice specifying the default. Tenant shall have five (5) calendar days to cure a monetary default and three (3) calendar days to cure a non-monetary default (including providing access).
4.3 Remedies. Upon failure to cure within the applicable period, Landlord may (i) perform the obligation at Tenant’s expense, (ii) charge such expense as Additional Rent, (iii) seek injunctive relief to enforce habitability, and/or (iv) pursue any other remedy available under the Lease or applicable law. Landlord’s remedies are cumulative and non-exclusive.
5. RISK ALLOCATION
5.1 Indemnification. Subject to Section 5.2, each party (the “Indemnifying Party”) shall defend, indemnify and hold harmless the other party and its affiliates from and against Actual Damages arising from (a) the Indemnifying Party’s breach of this Addendum, or (b) the negligence or willful misconduct of the Indemnifying Party or its invitees.
5.2 Limitation of Liability. Neither party shall be liable to the other for any special, consequential, punitive or exemplary damages. Each party’s aggregate liability under this Addendum shall be limited to Actual Damages, except with respect to claims based on gross negligence, willful misconduct, or amounts owed as Additional Rent.
5.3 Insurance. Landlord and Tenant shall maintain insurance coverages required by the Lease, which shall respond to any claim arising under this Addendum to the same extent as claims under the Lease.
6. DISPUTE RESOLUTION
6.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the laws of the State of Rhode Island without regard to conflict-of-law principles.
6.2 Forum Selection. The parties consent to the exclusive jurisdiction of the Rhode Island Housing Court (or such other state court having subject-matter jurisdiction over residential landlord-tenant matters for the county where the Premises are located).
6.3 Arbitration. Arbitration is expressly excluded.
6.4 Jury Trial. Nothing herein shall constitute a waiver of any party’s constitutional right to a trial by jury.
6.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without the necessity of posting bond, to the extent permitted by law.
7. GENERAL PROVISIONS
7.1 Integration. This Addendum forms part of the Lease and, together with the Lease and any prior written amendments, constitutes the entire agreement regarding the subject matter.
7.2 Conflict. If any provision of this Addendum conflicts with the Lease, the provision in this Addendum controls solely with respect to pest control and disclosure matters.
7.3 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.
7.4 Assignment. Tenant may not assign, sublet, or otherwise transfer rights or obligations under this Addendum except as permitted by the Lease. Any prohibited assignment is void.
7.5 Severability. If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.
7.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures delivered by electronic means (including PDF and secure e-signature platforms) shall be deemed original and enforceable.
8. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ______
Name: ______
Title: _____
Date: _________
TENANT(S):
1. _____ Date: _
2. _____ Date: _
3. _____ Date: _
[// GUIDANCE: Add acknowledgment, notarization, or witness signatures if required by local practice or if the Lease originally contained such formalities.]
[// GUIDANCE: After execution, attach this Addendum to each counterpart of the Lease and circulate fully-executed copies to all parties.]