PEST CONTROL DISCLOSURE

AND ADDENDUM TO RESIDENTIAL LEASE (SOUTH DAKOTA)

I. DOCUMENT HEADER

1. Parties
   This Pest Control Disclosure and Addendum (the “Addendum”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], (“Landlord”), and [TENANT LEGAL NAME(S)], (“Tenant”), collectively the “Parties.”

2. Incorporation & Consideration
   This Addendum is incorporated into and made part of the Residential Lease Agreement dated [LEASE DATE] for the premises located at [PROPERTY ADDRESS] (the “Lease,” the “Premises”). The Parties agree that the mutual promises herein constitute good and valuable consideration.

3. Governing Statute
   This Addendum is governed by the South Dakota Residential Landlord-Tenant Act, including S.D. Codified Laws § 43-32-8 (habitability/repair obligations).

[// GUIDANCE: Attach this Addendum to the Lease. Confirm tenant receipt prior to possession to preserve enforceability.]

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Undefined terms shall have the meanings assigned in the Lease.

1. “Certified Pest Professional” – A pest control operator licensed under applicable South Dakota pesticide regulations.
2. “Infestation” – The presence of, or conditions conducive to the presence of, Pests at a level requiring professional remediation.
3. “Pests” – Common household insects, rodents, bed bugs, termites, and other vermin required to be controlled under applicable health or housing codes.
4. “Treatment” – Any inspection, application, or remediation conducted by a Certified Pest Professional.

III. OPERATIVE PROVISIONS

3.1 Disclosure of Current Conditions

(a) Landlord hereby discloses that, to Landlord’s knowledge, the Premises [ARE / ARE NOT] currently subject to an Infestation.
(b) If “ARE,” Landlord shall complete remediation prior to Tenant’s occupancy and provide written clearance.

3.2 Landlord Obligations

(a) Habitability & Preventive Measures. Landlord shall maintain the Premises in a condition fit for human habitation and free from Infestation, consistent with S.D. Codified Laws § 43-32-8.
(b) Routine Inspections. Landlord or a Certified Pest Professional may conduct preventative inspections upon at least 24 hours’ advance written notice.
(c) Remediation Costs. Landlord shall bear the cost of (i) routine preventive Treatment; and (ii) remediation of Infestations not caused by Tenant’s acts or omissions.

3.3 Tenant Obligations

(a) Housekeeping. Tenant shall keep the Premises in a clean, sanitary condition not conducive to Pest harborage.
(b) Prompt Notice. Tenant shall provide written notice to Landlord within 24 hours of first observing any signs of Pests.
(c) Preparation & Access. Tenant shall comply with all pre- and post-Treatment instructions supplied by the Certified Pest Professional and shall grant access during normal hours.
(d) Tenant-Caused Infestation. If an Infestation is reasonably attributable to Tenant’s negligence, willful misconduct, or breach of this Addendum, Tenant shall reimburse Landlord for all actual costs of inspection, Treatment, repairs, and reasonable relocation expenses, payable as Additional Rent within 10 days of invoice.

3.4 Treatment Procedures

(a) Landlord shall provide Tenant (i) the name and license number of the Certified Pest Professional; (ii) a copy of the Safety Data Sheet for any pesticide to be used; and (iii) proposed Treatment date/time.
(b) Emergency Treatments may occur with no less than 12 hours’ notice if required to protect habitability or health.

3.5 Cost Allocation Matrix

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations. As of the Effective Date, Landlord represents that:
(a) The Premises have been inspected within the past [X] days;
(b) Any disclosed Infestation has been or will be remediated as required; and
(c) All Treatments, if any, were performed by a Certified Pest Professional.

4.2 Tenant Representations. Tenant represents that:
(a) Tenant has not knowingly brought personal property infested with Pests into the Premises; and
(b) Tenant will comply with all obligations set forth herein.

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

V. COVENANTS & RESTRICTIONS

5.1 No Self-Help Pesticide Application. Tenant shall not apply over-the-counter pesticides that require licensure under state law.
5.2 Waste Disposal. Tenant shall dispose of garbage in sealed containers and follow any recycling/compost policies promulgated by Landlord.
5.3 Pet Control. Tenant shall maintain any authorized pets free of fleas and ticks and obtain veterinary-grade treatment as necessary.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(i) Failure to reimburse Landlord for Tenant-caused Infestation costs within the stated period;
(ii) Failure to prepare the Premises for Treatment after notice;
(iii) Unreasonable denial of access for inspection or Treatment.

6.2 Landlord Remedies (Graduated).
(a) Written notice and 5-day cure period;
(b) Performance by Landlord with cost recovery as Additional Rent;
(c) Termination of Lease and initiation of eviction for material breach;
(d) Recovery of actual damages, court costs, and reasonable attorney fees.

6.3 Tenant Remedies. If Landlord fails to remediate a non-Tenant-caused Infestation within a commercially reasonable time, Tenant may pursue the habitability remedies provided under South Dakota law, including injunction or rent abatement to the extent allowed.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from all claims, damages, and expenses (including reasonable attorney fees) arising out of any Infestation caused by Tenant’s breach of this Addendum.
(b) Landlord shall indemnify Tenant for damages proximately caused by Landlord’s gross negligence or willful misconduct in the performance of pest control activities.

7.2 Limitation of Liability. Except for personal injury or property damage caused by a party’s gross negligence or willful misconduct, each party’s liability under this Addendum is limited to actual, direct damages; consequential, punitive, and speculative damages are expressly disclaimed.

7.3 Insurance. Tenant is encouraged, but not required, to maintain renter’s insurance covering personal property loss due to Pests.

7.4 Force Majeure. Neither party is liable for delays in Treatment caused by events beyond reasonable control (e.g., supplier shortages, government restrictions), provided the party acts diligently to mitigate.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws of the State of South Dakota (without regard to conflict-of-laws principles).

8.2 Forum Selection. Exclusive jurisdiction shall lie in the state housing court (or the circuit court division handling residential housing matters) located in [COUNTY], South Dakota.

8.3 Arbitration. Excluded. The Parties expressly decline to submit disputes to arbitration.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of the constitutional right to a trial by jury.

8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability or access rights without posting bond, to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendments. No amendment to this Addendum is effective unless in a writing signed by both Parties.

9.2 Waiver. A party’s waiver of a breach is not a waiver of any subsequent breach.

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

9.4 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, and permitted assigns.

9.5 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted.

9.6 Merger. This Addendum and the Lease constitute the entire agreement regarding pest control, superseding prior discussions.

9.7 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts and by electronic signature, each of which is deemed an original.

X. EXECUTION BLOCK

[Notary Acknowledgment – Optional if required by local practice]

[// GUIDANCE: If the Lease will be recorded or if local ordinance mandates, add notarization or witness lines here.]