PEST CONTROL & DISCLOSURE ADDENDUM

to Residential Lease Agreement – State of Tennessee

[// GUIDANCE: Insert this Addendum immediately after the main body of the Lease and before any exhibits. Ensure all bracketed variables are conformed consistently across the Lease package.]

I. DOCUMENT HEADER

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

2. Premises.
   The Premises subject to the Lease and this Addendum are located at [STREET ADDRESS, CITY, TN ZIP] (the “Dwelling”).

3. Purpose & Consideration.
   In consideration of the mutual covenants herein and in the Lease, and intending to comply with applicable Tennessee landlord-tenant law, including the Tennessee Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. §§ 66-28-101 et seq. (the “URLTA”) where applicable, the parties agree as follows.

4. Effective Date.
   This Addendum shall be effective as of the latest date of signature below (the “Effective Date”) and shall terminate upon the earlier of (a) lawful termination of the Lease or (b) completion of all obligations hereunder that survive termination of the Lease.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; other capitalized terms not defined herein shall have the meanings assigned in the Lease.

“Affected Areas” – Any portion of the Dwelling, common areas, or personal property where evidence of Pests, Infestation, or Treatment is identified.

“Infestation” – The presence, actual or reasonably suspected, of Pests in sufficient number or location to require Treatment to maintain Habitable conditions.

“Initial Treatment” – The first professional Treatment of the Dwelling performed after discovery or disclosure of an Infestation during the Term.

“Licensed Pest Control Operator” – A pest control business duly licensed by the Tennessee Department of Agriculture and carrying minimum statutory insurance.

“Pest(s)” – Insects, rodents, vermin, bedbugs, or other unwanted organisms that may adversely affect health, safety, or property.

“Preventive Measures” – Tenant’s sanitation, housekeeping, and maintenance obligations designed to deter Pests, as set forth in Section III.C.

“Treatment” – Any inspection, application of pesticide, heat remediation, trapping, or other extermination method performed by a Licensed Pest Control Operator.

“URLTA County” – A Tennessee county with a population ≥ 75,000 as determined by the most recent federal decennial census, in which the URLTA is mandatory.

[// GUIDANCE: Add further defined terms here if tailored procedures, e.g., “Follow-Up Treatment,” are needed.]

III. OPERATIVE PROVISIONS

A. Landlord’s Initial Disclosure.
1. Landlord has / has not (select one) received any written notice or report of Infestation at the Dwelling within the twelve (12) months preceding the Effective Date.
2. Landlord attaches as Schedule 1 any available inspection or Treatment records.

B. Inspection & Notification.
1. Within seventy-two (72) hours after occupancy, Tenant shall inspect the Dwelling for visible signs of Pests and shall complete and deliver to Landlord a written Pest Condition Statement substantially in the form of Schedule 2.
2. During the Term, Tenant shall promptly (and in any event within forty-eight (48) hours) notify Landlord in writing upon observing or reasonably suspecting any Infestation.

C. Tenant Preventive Measures.
Tenant shall:
a. Maintain the Dwelling in a clean and sanitary condition;
b. Store food in sealed containers;
c. Remove garbage at least weekly to sealed receptacles;
d. Refrain from over-accumulation of personal property conducive to Pests;
e. Cooperate fully with any Treatment, including temporary vacating, laundering, and containment, as reasonably required by the Licensed Pest Control Operator.

D. Access for Inspection & Treatment.
1. Landlord or its agents may enter the Dwelling upon not less than twenty-four (24) hours’ advance notice (or as otherwise permitted under the URLTA) to inspect or perform Treatment.
2. Tenant’s failure to provide access constitutes a material breach and Event of Default under Section VI.

E. Responsibility & Cost Allocation.
1. Landlord Obligations.
a. Landlord shall, at Landlord’s sole cost, perform any Initial Treatment required to remedy an Infestation not caused by Tenant or Tenant’s guests, invitees, or pets.
b. Landlord shall ensure all Treatment complies with manufacturer’s instructions and applicable law.
2. Tenant Obligations.
a. If an Infestation is caused by Tenant through poor housekeeping, introduction of contaminated items, or other negligent or intentional act, Tenant shall reimburse Landlord for:
i. All reasonable and documented costs of Inspection and Treatment; and
ii. Any additional damages resulting directly from such Infestation, capped at actual damages under Section VII.B.
b. Tenant shall bear all costs of laundering, clothing replacement, and temporary relocation during Treatment, except to the extent required by law to be borne by Landlord.

F. Follow-Up Treatment & Monitoring.
1. Unless otherwise agreed, Landlord shall coordinate one (1) follow-up inspection within thirty (30) days after any Treatment.
2. Additional follow-ups attributable to Tenant’s non-compliance with Preventive Measures shall be at Tenant’s expense.

G. Habitability & Rent Abatement.
1. Landlord shall use commercially reasonable efforts to schedule Treatment to minimize Tenant disruption.
2. In the event the Dwelling is uninhabitable for more than forty-eight (48) consecutive hours solely due to Landlord’s Treatment, Tenant shall be entitled to a proportionate abatement of Rent for such period, provided Tenant has not caused or contributed to the Infestation.
3. Abatement shall be Tenant’s sole monetary remedy; Tenant retains all statutory rights to seek injunctive relief for habitability under T.C.A. § 66-28-501 et seq.

IV. REPRESENTATIONS & WARRANTIES

A. Mutual Representations.
Each party represents that it has full authority to enter into this Addendum and that its execution will not breach any other agreement.

B. Landlord Warranties.
1. Landlord has disclosed all known Infestations affecting the Dwelling as of the Effective Date.
2. Landlord shall exercise ordinary care in selecting Licensed Pest Control Operators.

C. Tenant Warranties.
1. Tenant has not knowingly brought into the Dwelling any personal property currently infested with Pests.
2. Tenant shall promptly comply with all instructions issued by the Licensed Pest Control Operator.

D. Survival.
The representations and warranties herein shall survive termination of the Lease to the extent necessary to enforce rights accruing prior to such termination.

V. COVENANTS & RESTRICTIONS

A. Affirmative Covenants of Tenant.
1. Perform Preventive Measures (Section III.C).
2. Permit and cooperate with access for Treatment (Section III.D).
3. Reimburse Landlord for Tenant-caused Infestation costs within ten (10) days of invoice.

B. Negative Covenants of Tenant.
1. Do not apply over-the-counter pesticides contrary to label directions.
2. Do not interfere with monitoring devices or traps.
3. Do not introduce used mattresses, upholstered furniture, or other high-risk items without prior inspection.

C. Compliance Monitoring.
Landlord may, upon forty-eight (48) hours’ notice, conduct follow-up inspections to verify compliance.

D. Notice & Cure.
Unless otherwise stated herein, any breach by Tenant shall be subject to the notice and cure periods set forth in Section VI.B.

VI. DEFAULT & REMEDIES

A. Event of Default.
The following constitute Events of Default:
1. Failure to reimburse Infestation costs when due;
2. Refusal to grant access for Inspection or Treatment;
3. Failure to comply with Preventive Measures after written notice;
4. Any misrepresentation under Section IV.C.

B. Notice & Cure.
1. Landlord shall deliver written notice specifying the default.
2. Tenant shall have seven (7) days to cure (or such shorter period as permitted by the URLTA for health-safety violations).

C. Remedies.
Upon Tenant’s failure to timely cure, Landlord may:
a. Perform the required act and charge Tenant as additional Rent;
b. Pursue eviction in accordance with Tennessee law;
c. Recover actual damages, reasonable attorney’s fees, and court costs;
d. Seek injunctive relief to compel compliance.

D. Cumulative Remedies.
All remedies are cumulative and may be exercised concurrently or consecutively.

VII. RISK ALLOCATION

A. Indemnification.
1. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any third-party claims, damages, or expenses (including reasonable attorney’s fees) arising out of Tenant-caused Infestation or Tenant’s breach of this Addendum.
2. Landlord shall indemnify Tenant for claims arising solely out of Landlord’s gross negligence or willful misconduct in performing Treatment.

B. Limitation of Liability.
Except for indemnity obligations expressly assumed, neither party shall be liable for punitive, special, or consequential damages; liability is limited to actual damages proven in accordance with Tennessee law.

C. Insurance.
Tenant is encouraged, but not required, to obtain renter’s insurance covering infestation-related personal property losses.

D. Force Majeure.
A party’s performance shall be excused for delays beyond its reasonable control, excluding Tenant’s payment obligations.

VIII. DISPUTE RESOLUTION

A. Governing Law.
This Addendum and the Lease shall be governed by the state landlord-tenant law of Tennessee, without regard to conflict-of-law principles.

B. Forum Selection.
Exclusive venue for any action arising hereunder shall lie in the [COUNTY] County General Sessions or Circuit Court, Housing Division, State of Tennessee (the “State Housing Court”).

C. Arbitration.
By express agreement of the parties, arbitration is excluded.

D. Jury Trial.
To the fullest extent permitted by the Tennessee Constitution, each party knowingly and voluntarily waives trial by jury in any action related to this Addendum.

E. Injunctive Relief.
Nothing herein shall impair either party’s right to seek injunctive or declaratory relief to enforce habitability or access rights under Section VI.

IX. GENERAL PROVISIONS

1. Amendment & Waiver.
   No amendment or waiver of any provision shall be effective unless in writing and signed by both parties. A waiver on one occasion is not a waiver of any subsequent breach.

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

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

4. Severability.
   If any provision is invalid or unenforceable, it shall be severed and the remaining provisions enforced to the fullest extent permitted by law.

5. Integration.
   This Addendum, together with the Lease and any other addenda, constitutes the entire agreement on the subject of Pest control and supersedes all prior discussions.

6. Counterparts & Electronic Signatures.
   This Addendum may be executed in multiple counterparts, each of which is deemed an original. Signatures delivered electronically or by facsimile are binding.

X. EXECUTION BLOCK

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

[Add additional signature lines as necessary.]

SCHEDULE 1 – PRIOR INSPECTION / TREATMENT RECORDS

[Attach if applicable; otherwise insert “None.”]

SCHEDULE 2 – PEST CONDITION STATEMENT

[// GUIDANCE: Provide a simple checklist for Tenant to note presence or absence of common Pests in each room, sign, and return within 72 hours.]

[// GUIDANCE: Review local health-department rules for any mandatory disclosure language on bedbugs or specific pests and insert as needed before use.]