PEST CONTROL DISCLOSURE AND ADDENDUM

TO RESIDENTIAL LEASE AGREEMENT

(Utah)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties. This Pest Control Disclosure and Addendum (“Addendum”) is entered into by and between:
  a. Landlord: [LANDLORD LEGAL NAME], whose address for notice is [LANDLORD ADDRESS]; and
  b. Tenant: [TENANT LEGAL NAME(S)], collectively and individually, the “Tenant.”

1.2 Underlying Lease. The parties are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential real property located at [PREMISES ADDRESS] (the “Premises”).

1.3 Purpose. The parties enter into this Addendum to comply with Utah’s Residential Landlord and Tenant Act and related habitability standards, including the landlord’s statutory duty to maintain the Premises free from vermin and insect infestations. See Utah Code Ann. § 57-22-5 (2024).

1.4 Effective Date. This Addendum is effective as of the later of (i) the Lease Commencement Date or (ii) the date the last party signs below (“Effective Date”).

1.5 Governing Law. This Addendum shall be governed by the laws of the State of Utah without regard to conflict-of-law principles.

2. DEFINITIONS

2.1 “Actual Damages” means proven, out-of-pocket losses directly and proximately resulting from a breach of this Addendum, but excluding any indirect, consequential, special, punitive, or exemplary damages.

2.2 “Habitability Standards” means the minimum standards imposed on a landlord under Utah Code Ann. § 57-22-5.

2.3 “Infestation” means the presence of live Target Pests in numbers that (i) materially interfere with the ordinary use and quiet enjoyment of the Premises or (ii) violate Habitability Standards.

2.4 “Pest Control Service” means a state-licensed pest management professional retained to perform inspection or Treatment.

2.5 “Target Pests” means insects, rodents, arachnids, or other vermin, including without limitation bed bugs, cockroaches, ants, termites, mice, rats, spiders, and wasps.

2.6 “Treatment” means any method, chemical, device, or activity legally permissible in Utah for the prevention, control, or eradication of Target Pests.

[// GUIDANCE: Add or delete definitions as needed to align with your specific lease.]

3. OPERATIVE PROVISIONS

3.1 Disclosure of Prior Infestations. Landlord discloses that to the best of Landlord’s actual knowledge:
  a. The Premises [ ☐ have / ☐ have not ] experienced an Infestation of Target Pests within the past twelve (12) months.
  b. If “have,” provide details: [DESCRIPTION OF PAST INFESTATION, DATE, AND REMEDIAL ACTIONS].

3.2 Initial Condition. Landlord shall deliver the Premises free of any active Infestation in compliance with Habitability Standards on the Lease Commencement Date.

3.3 Routine Inspections. Landlord may conduct or cause to be conducted periodic pest inspections of the Premises upon at least twenty-four (24) hours’ prior written notice to Tenant, or such shorter period as permitted by Utah law in emergencies.

3.4 Cost Allocation.
  a. Landlord Costs. Landlord shall bear the reasonable cost of any Treatment required to remedy an Infestation not caused by Tenant Misconduct (defined in 5.2).
  b. Tenant Costs. Tenant shall promptly reimburse Landlord for (i) any Treatment reasonably necessitated by Tenant Misconduct, and (ii) any missed appointment or re-inspection fees arising from Tenant’s failure to provide access as required herein. Reimbursement is due as Additional Rent within ten (10) days after Landlord’s written demand.

3.5 Access for Treatment. Tenant shall grant Pest Control Service reasonable access to the Premises for inspection and Treatment on the date and time specified in the notice; failure to do so constitutes a material breach of this Addendum.

3.6 Preparation Requirements. Tenant shall comply with all written preparation instructions provided by the Pest Control Service (“Prep Requirements”). Landlord may reschedule Treatment at Tenant’s cost if Prep Requirements are not satisfied.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations. Landlord represents and warrants that:
  a. Landlord has not knowingly concealed any material facts regarding past or existing Infestations; and
  b. Any prior Infestations have been remediated in accordance with applicable law and industry standards.

4.2 Tenant Representations. Tenant represents and warrants that:
  a. Tenant has inspected the Premises and found it free of active Infestation, except as Tenant has disclosed in writing to Landlord prior to occupancy; and
  b. Tenant does not bring personal property into the Premises known or reasonably suspected to be infested with Target Pests.

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

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
  a. Maintain the Premises in a clean, sanitary condition that discourages pest harborage;
  b. Store food in sealed containers and dispose of garbage regularly;
  c. Promptly notify Landlord in writing upon first evidence of Target Pests;
  d. Cooperate fully with all Prep Requirements and post-Treatment protocols; and
  e. Refrain from self-treatment with over-the-counter pesticides without Landlord’s prior written consent.

5.2 Tenant Misconduct. “Tenant Misconduct” means Tenant’s (i) failure to perform the covenants in 5.1, (ii) introduction of infested personal property, or (iii) refusal to grant access or comply with Prep Requirements, each of which is deemed a material breach of the Lease and this Addendum.

5.3 Landlord Covenants. Landlord shall:
  a. Retain only duly licensed Pest Control Services;
  b. Use commercially reasonable efforts to schedule Treatments at times convenient to Tenant; and
  c. Provide Tenant copies of inspection reports and Treatment invoices upon written request.

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes an “Event of Default”:
  a. Tenant Misconduct and failure to cure within three (3) days after written notice;
  b. Landlord’s failure to initiate Treatment within a reasonable time after written notice of Infestation from Tenant; or
  c. Any material breach of this Addendum not otherwise specified.

6.2 Remedies. Upon an Event of Default, the non-defaulting party may exercise any or all remedies available under the Lease, this Addendum, and applicable law, including:
  a. Landlord Remedies:
    (i) Perform or cause to be performed any Prep Requirements at Tenant’s expense;
    (ii) Charge Tenant as Additional Rent for all related costs; and
    (iii) Seek injunctive relief to protect Habitability Standards.
  b. Tenant Remedies:
    (i) Abate rent pursuant to Utah Code Ann. § 57-22-4 where applicable;
    (ii) Obtain injunctive relief compelling Landlord’s performance; and
    (iii) Pursue Actual Damages.

6.3 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification.
  a. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any claims, liabilities, and Actual Damages arising out of Tenant Misconduct.
  b. Landlord shall indemnify, defend, and hold harmless Tenant from and against claims and Actual Damages arising out of Landlord’s gross negligence or willful misconduct in performing pest control obligations.

7.2 Limitation of Liability. Except for (i) indemnification obligations under 7.1, (ii) fraud, or (iii) willful misconduct, neither party shall be liable to the other for any damages other than Actual Damages.

7.3 Insurance. Landlord shall maintain property and liability insurance customary for residential landlords in Utah. Tenant is encouraged, but not required, to obtain renter’s insurance covering personal property loss due to Infestation.

7.4 Force Majeure. Neither party shall be liable for delay in performing obligations under this Addendum to the extent such delay is caused by events beyond the party’s reasonable control, provided that prompt written notice is given and performance resumes as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Forum Selection. Any suit, action, or proceeding arising out of or relating to this Addendum shall be brought exclusively in the state court of competent jurisdiction (housing or district division, as applicable) located in [COUNTY] County, Utah.

8.2 Arbitration. The parties expressly agree that arbitration is excluded and waive any right to compel arbitration.

8.3 Jury Trial. Each party acknowledges the constitutional right to a jury trial and does not waive that right.

8.4 Injunctive Relief. Nothing herein limits either party’s right to seek equitable or injunctive relief, including to enforce Habitability Standards or preserve the status quo regarding an Infestation.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. Failure to enforce any provision is not a waiver of future enforcement.

9.2 Assignment. Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent as required by the Lease.

9.3 Successors and Assigns. This Addendum is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remainder shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to comply with law.

9.5 Integration. This Addendum, together with the Lease, constitutes the entire understanding of the parties regarding the subject matter and supersedes all prior negotiations or agreements, whether written or oral.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically (including via DocuSign, PDF, or facsimile) are binding and enforceable.

10. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – include if required by your practice or for recordability]

[// GUIDANCE:
1. Attach inspection reports or Treatment schedules as separate Exhibits if desired.
2. Cross-reference this Addendum in the main Lease to ensure enforceability.
3. Consult Utah Code Ann. § 78B-6-801 et seq. for eviction procedures if Infestation leads to non-compliance.
4. Always provide Tenant with EPA-mandated pesticide information sheets when applicable.
]