PEST CONTROL DISCLOSURE ADDENDUM

to that certain Residential Lease Agreement

(South Carolina)

[// GUIDANCE: This Addendum is intended for use with residential leases governed by the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. §§ 27-40-10 et seq. Customize all bracketed items, confirm compatibility with the underlying lease, and review statutory references before execution.]

I. DOCUMENT HEADER

1. Parties.
   This Pest Control Disclosure Addendum (this “Addendum”) is made part of, and fully incorporated into, that certain Residential Lease Agreement dated [DATE OF MASTER LEASE] (the “Lease”) between [LEGAL NAME OF LANDLORD] (“Landlord”) and [LEGAL NAME(S) OF TENANT(S)] (“Tenant,” whether one or more).

2. Premises.
   The real property and dwelling unit located at [PREMISES ADDRESS], South Carolina (the “Premises”).

3. Effective Date & Consideration.
   This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) in consideration of the mutual covenants herein and in the Lease.

4. Purpose.
   This Addendum sets forth the parties’ rights and obligations concerning pest management, disclosure, treatment procedures, and cost allocation, as required under South Carolina law, including S.C. Code Ann. § 27-40-440.

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below and apply throughout the Addendum (alphabetically arranged):

“Actual Damages” means direct, out-of-pocket expenses reasonably incurred and proven by competent evidence, excluding consequential, special, punitive, or exemplary damages.

“Licensed Pest Control Professional” means a person or entity holding a valid South Carolina Commercial Applicator License issued by the Clemson University Department of Pesticide Regulation, or any successor regulatory authority.

“Pest(s)” means insects, rodents, arachnids, bed bugs, termites, or other vermin identified as a nuisance or health hazard by applicable law.

“Preventive Treatment” means regularly scheduled inspection, monitoring, baiting, or localized application of pesticides intended to prevent the introduction or recurrence of Pests, and undertaken by a Licensed Pest Control Professional.

“Responsive Treatment” means any remedial pesticide application, fumigation, heat treatment, or structural repair necessary to eliminate an active or reported Pest infestation.

III. OPERATIVE PROVISIONS

3.1 Pest Disclosure.
(a) Landlord’s Current Knowledge. Landlord represents that, to Landlord’s actual knowledge, the Premises [ARE / ARE NOT] currently affected by an active Pest infestation.
(b) Prior Treatment. The Premises were last treated for Pests on [DATE / “N/A”] using [TREATMENT METHOD / “N/A”].

3.2 Landlord Obligations.
(a) Habitability Compliance. Pursuant to S.C. Code Ann. § 27-40-440(a)(3), Landlord shall keep common areas in a reasonably safe condition and shall provide for the “extermination of insects, rodents, vermin or other pests.”
(b) Preventive Treatment. Landlord shall arrange and pay for Preventive Treatment at a minimum frequency of [FREQUENCY, e.g., “quarterly”], or more often if required by law.
(c) Notice of Entry. Landlord shall provide Tenant with not less than forty-eight (48) hours’ written notice before any scheduled entry for Preventive or Responsive Treatment, except in emergencies.

3.3 Tenant Obligations.
(a) Access & Preparation. Tenant shall grant timely access and undertake reasonable preparation measures (e.g., laundering linens, bagging personal items) as instructed by the Licensed Pest Control Professional.
(b) Housekeeping Standards. Tenant shall maintain the Premises in a clean and sanitary condition so as not to attract Pests and shall dispose of garbage and food waste in tightly-sealed receptacles.
(c) Prompt Notification. Tenant shall notify Landlord in writing of any suspected Pest activity within twenty-four (24) hours of discovery.

3.4 Cost Allocation.
(a) Landlord Responsibility. Landlord shall bear all costs of:
i. Preventive Treatment; and
ii. Responsive Treatment for infestations not caused by Tenant’s acts or omissions.
(b) Tenant Responsibility. Tenant shall bear all reasonable costs of Responsive Treatment, including inspection fees, if an infestation is caused by Tenant’s failure to comply with Section 3.3 or by the introduction of infested personal property.
(c) Disputed Responsibility. If responsibility is disputed, the Licensed Pest Control Professional’s written findings shall be prima facie evidence, subject to judicial review.

3.5 Treatment Procedures.
All Preventive and Responsive Treatments shall:
(a) be performed by a Licensed Pest Control Professional;
(b) comply with EPA-approved pesticide labeling; and
(c) utilize integrated pest management practices where feasible.

3.6 Condition Precedent to Rent Abatement.
Tenant shall not withhold rent for alleged Pest issues unless (i) Tenant has provided written notice; (ii) Landlord has failed to commence Responsive Treatment within a reasonable time (not to exceed ten (10) days); and (iii) such failure materially affects habitability.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations.
(a) Compliance with Law;
(b) No Knowledge of Current Infestation except as disclosed;
(c) Authority to enter into this Addendum.

4.2 Tenant Representations.
(a) No personal property brought onto the Premises is knowingly infested;
(b) Tenant will comply with all instructions related to treatment and preparation.

4.3 Survival.
The representations and warranties herein survive termination of the Lease for a period of twelve (12) months.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants. Tenant shall:
(a) cooperate with all inspection and treatment schedules;
(b) immediately report water leaks or moisture conditions conducive to Pest harborage.

5.2 Negative Covenants. Tenant shall not:
(a) apply any over-the-counter pesticides that conflict with professional treatment;
(b) obstruct or delay recommended treatment.

5.3 Notice & Cure. Except in emergencies, a party alleging breach shall provide written notice and a five (5) day cure period before pursuing remedies.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant’s failure to grant access or to comply with preparation requirements;
(b) Non-payment of Tenant-responsible treatment costs within ten (10) days of invoice;
(c) Landlord’s failure to commence required treatment within ten (10) days of notice.

6.2 Remedies.
(a) Landlord Remedies. Landlord may (i) perform treatment and assess costs to Tenant as additional rent; (ii) declare a material breach under the Lease; and (iii) seek injunctive relief to gain access.
(b) Tenant Remedies. Tenant may pursue statutory remedies for habitability under S.C. Code Ann. § 27-40-640, including termination or rent abatement, and may seek injunctive relief compelling treatment.
(c) Attorney’s Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney’s fees and costs.

VII. RISK ALLOCATION

7.1 Indemnification.
Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from Actual Damages arising from (a) the Indemnifying Party’s breach of this Addendum, or (b) negligence or willful misconduct resulting in Pest infestation.

7.2 Limitation of Liability.
In no event shall either party be liable for any damages other than Actual Damages, except to the extent caused by gross negligence or willful misconduct.

7.3 Insurance.
(a) Landlord shall maintain property insurance.
(b) Tenant is strongly encouraged to maintain renter’s insurance covering personal property loss due to Pest treatment or damage.

7.4 Force Majeure.
Neither party is liable for delay in performance caused by events beyond reasonable control (excluding monetary obligations), provided the affected party gives prompt notice and resumes performance when feasible.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum is governed by, and construed in accordance with, the laws of the State of South Carolina, without regard to conflict-of-laws principles.

8.2 Forum Selection.
Any litigation arising out of this Addendum shall be filed exclusively in the [COUNTY] Magistrate’s or Housing Court having jurisdiction over the Premises.

8.3 Arbitration.
Arbitration is expressly excluded.

8.4 Jury Trial.
Nothing herein constitutes 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 or to gain access for treatment, without posting bond to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 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 other.

9.2 Assignment.
Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent.

9.3 Successors & Assigns.
This Addendum binds and benefits the parties and their respective successors and permitted assigns.

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

9.5 Integration.
This Addendum and the Lease constitute the entire agreement with respect to Pest control matters, superseding any 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 signatures delivered electronically or by facsimile are effective.

X. EXECUTION BLOCK

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

[Add additional Tenant signature lines as needed]

[Optional Notary Acknowledgment pursuant to S.C. law if required by underlying Lease or local ordinance.]

[// GUIDANCE: Attach a copy of any Licensed Pest Control Professional’s inspection report or treatment plan as Exhibit A. Ensure compliance with local ordinances that may impose additional disclosure or certification requirements.]