RESIDENTIAL LEASE ADDENDUM
PEST CONTROL DISCLOSURE & ALLOCATION OF RESPONSIBILITIES
(Texas – Governed by Tex. Prop. Code Ann. ch. 92 and applicable Texas Structural Pest Control regulations)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Landlord Disclosures & Obligations
3.2 Tenant Disclosures & Obligations
3.3 Treatment Procedures
3.4 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Pest Control Disclosure & Allocation of Responsibilities Addendum (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant,” whether one or more).
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) for the residential real property located at [PREMISES ADDRESS] (the “Premises”).
B. The parties now desire to supplement the Lease with this Addendum to comply with Texas law and to allocate rights, duties, and liabilities regarding pest control.
C. Consideration for this Addendum is the mutual promises herein and those contained in the Lease, the receipt and sufficiency of which are acknowledged.
2. DEFINITIONS
“Addendum” has the meaning set forth in the preamble.
“Affected Area” means any interior or exterior portion of the Premises reasonably impacted by Pests.
“Cost of Treatment” means all reasonable, customary, and actually incurred fees, costs, and expenses associated with Treatment, including professional fees, preparation, remediation, follow-up inspections, and any required temporary relocation.
“Infestation” means the presence or propagation of Pests in numbers, concentration, or location such that a reasonable person would conclude that remedial action is required.
“Licensed Pest Control Professional” means a person or entity duly licensed by the Texas Department of Agriculture – Structural Pest Control Service or successor agency.
“Notice” means written notice delivered in accordance with § 9.1.
“Pest” means any unwanted insect, rodent, arachnid, or other vermin, including but not limited to ants, bedbugs, cockroaches, fleas, mice, rats, silverfish, termites, and wasps.
“Preventive Treatment” means regularly scheduled pesticide application or non-chemical measures intended to prevent or deter Infestation.
“Treatment” means any inspection, monitoring, pesticide application, heat remediation, trapping, exclusion, or similar activity undertaken to eliminate or control Pests.
[// GUIDANCE: Add or delete defined terms to align with your standard lease terminology.]
3. OPERATIVE PROVISIONS
3.1 Landlord Disclosures & Obligations
3.1.1 Existing Conditions. Landlord represents that, to Landlord’s actual knowledge, [CHECK ONE] ( ) the Premises are free of Infestation as of the Effective Date, OR ( ) the Premises have the following known Infestation: [DESCRIBE OR “NONE”].
3.1.2 Duty to Maintain Habitability. Pursuant to Tex. Prop. Code Ann. § 92.052, Landlord shall, at Landlord’s expense, remedy conditions—including Infestations—that materially affect the physical health or safety of an ordinary tenant.
3.1.3 Preventive Treatment Schedule. Landlord shall arrange for Preventive Treatment at minimum [FREQUENCY, e.g., QUARTERLY], providing Tenant no less than forty-eight (48) hours’ prior written Notice specifying:
a. date and approximate time of entry;
b. pesticide brand and active ingredients; and
c. required Tenant preparations, including any temporary evacuation period.
3.1.4 Documentation. Upon request, Landlord shall furnish Tenant a copy of each Treatment invoice or service report within five (5) Business Days after completion.
3.2 Tenant Disclosures & Obligations
3.2.1 Pre-Occupancy Disclosure. Tenant certifies that, to Tenant’s knowledge, personal property being moved into the Premises [CHECK ONE] ( ) is free from Pests, including bedbugs, OR ( ) may contain the following Pests: [DESCRIBE OR “NONE”].
3.2.2 Housekeeping & Sanitation. Tenant shall maintain the Premises in a clean, sanitary condition, promptly removing food waste, sealing perishables, and properly storing pet food and litter.
3.2.3 Prompt Notice of Infestation. Tenant shall provide Landlord written Notice within twenty-four (24) hours after first observing any suspected Pest activity.
3.2.4 Cooperation. Tenant shall:
a. comply with all preparation instructions from a Licensed Pest Control Professional;
b. permit reasonable access for inspection and Treatment;
c. temporarily vacate the Premises during any period recommended by the Licensed Pest Control Professional; and
d. refrain from self-applying over-the-counter pesticides that could interfere with professional Treatment.
3.2.5 Tenant-Responsible Infestation. If Infestation is reasonably attributable to Tenant’s or Tenant’s Occupants’ negligence, willful misconduct, or violation of this Addendum (e.g., failure to maintain sanitation or introduction of Infested property), Tenant shall bear the Cost of Treatment in accordance with § 3.4.
3.3 Treatment Procedures
3.3.1 Selection of Provider. Landlord shall engage a Licensed Pest Control Professional. Nothing herein precludes Landlord from self-performing Treatment if legally permitted and performed by a licensed personnel.
3.3.2 Re-Inspection. Within fourteen (14) days after Treatment, Landlord may conduct or cause to be conducted a re-inspection. If live Pests are detected, follow-up Treatment shall occur promptly.
3.3.3 Relocation. If overnight relocation of Tenant is required for Treatment and the Infestation is not Tenant-Responsible, Landlord will provide or reimburse reasonable temporary lodging not to exceed [DOLLAR AMOUNT] per night for a maximum of [NUMBER] nights.
3.4 Cost Allocation
a. Preventive Treatment: Landlord shall pay 100 % of the Cost of Treatment.
b. Non-Preventive, Non-Tenant-Responsible Infestation: Landlord shall pay 100 % of the Cost of Treatment.
c. Tenant-Responsible Infestation: Tenant shall reimburse Landlord the Cost of Treatment within thirty (30) days of written demand, supported by reasonable documentation. Such sums shall constitute Additional Rent under the Lease.
d. Disputed Responsibility: Either party may, within ten (10) days after receipt of written demand, request a joint inspection by an independent Licensed Pest Control Professional mutually selected and paid equally by the parties. Findings from such inspection shall be binding for purposes of cost allocation.
[// GUIDANCE: Adjust dollar caps, notice periods, and cost-sharing percentages to match the parties’ risk profile.]
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full authority to execute and perform this Addendum and that no further consents are required.
4.2 Survival. All representations and warranties herein shall survive the expiration or earlier termination of the Lease for the applicable statute of limitations.
5. COVENANTS & RESTRICTIONS
5.1 Compliance with Law. Each party shall comply with all applicable federal, state, and local laws, ordinances, and regulations governing pesticide use, disclosure, and safe habitation.
5.2 No Hazardous Materials. Tenant shall not introduce any pesticide or chemical into the Premises except household products used strictly in accordance with manufacturer instructions.
5.3 Access. Tenant may not unreasonably withhold consent for entry as provided in § 3.1.3.
6. DEFAULT & REMEDIES
6.1 Tenant Default. Failure to: (a) provide prompt Notice under § 3.2.3; (b) cooperate with Treatment; or (c) reimburse Cost of Treatment when due constitutes a material default under the Lease.
6.2 Landlord Default. Failure to arrange and complete Treatment as required, following written demand and a reasonable cure period of [NUMBER] days, constitutes a material default.
6.3 Remedies. Upon default and expiration of any applicable cure period:
a. the non-defaulting party may exercise all remedies available under the Lease and Texas law;
b. the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs, and expert fees; and
c. injunctive relief to compel compliance with habitability obligations is expressly preserved.
6.4 Cumulative Remedies. All rights and remedies are cumulative and may be exercised concurrently or separately.
7. RISK ALLOCATION
7.1 Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents, employees, and contractors from and against any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Indemnifying Party’s breach of this Addendum or negligence in connection with Pest control activities, except to the extent caused by the gross negligence or willful misconduct of the indemnified party.
7.2 Limitation of Liability. EXCEPT FOR (a) LIABILITY THAT CANNOT BE LEGALLY LIMITED, OR (b) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER § 7.1, EACH PARTY’S TOTAL LIABILITY UNDER THIS ADDENDUM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL DAMAGES PROVEN AND SHALL IN NO EVENT INCLUDE CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
7.3 Insurance. Landlord shall maintain property and liability insurance covering the Premises in commercially reasonable amounts; Tenant is encouraged to maintain renters’ insurance covering personal property and loss of use.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws of the State of Texas, without regard to conflict-of-laws principles.
8.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the state housing court (or its functional equivalent) having jurisdiction over the county in which the Premises are located.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of either party’s constitutional right to a trial by jury.
8.5 Equitable Relief. The parties reserve the right to seek injunctive or other equitable relief to enforce obligations relating to habitability and Pest control.
9. GENERAL PROVISIONS
9.1 Notices. All Notices under this Addendum shall be delivered in writing in accordance with the Lease; if the Lease is silent, Notices shall be delivered by (a) hand delivery, (b) certified mail (return receipt requested), or (c) nationally recognized overnight courier, in each case with tracking.
9.2 Amendment; Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both parties. Failure to enforce any provision shall not operate as a waiver.
9.3 Assignment. Tenant may not assign its rights or delegate its obligations under this Addendum without Landlord’s prior written consent, except as expressly permitted under the Lease.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force to the maximum extent permitted by law.
9.5 Integration. This Addendum, together with the Lease, constitutes the entire understanding between the parties regarding pest control, superseding all prior or contemporaneous oral or written agreements on the subject.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one agreement. Signatures transmitted electronically (e.g., via PDF or electronic signature platform) shall be deemed originals.
[// GUIDANCE: Confirm the electronic signature clause aligns with your e-sign practice and local court acceptance standards.]
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the Effective Date.
| LANDLORD | TENANT(S) |
|---|---|
| [LANDLORD LEGAL NAME] | [TENANT NAME 1] |
| By: ________ | ________ |
| Name: [PRINTED NAME] | Name: [PRINTED NAME] |
| Title: [TITLE, if entity] | Date: ___ |
| Date: _____ | [TENANT NAME 2, if any] |
| ________ | |
| Name: [PRINTED NAME] | |
| Date: ___ |
[// GUIDANCE: Attach notary acknowledgment blocks if your local recorder or court practice requires notarization for lease addenda.]
© [YEAR] [LAW FIRM / AUTHOR]. All rights reserved. This template is provided for informational purposes only and should be reviewed by counsel licensed in the applicable jurisdiction prior to use.