ADDENDUM TO RESIDENTIAL LEASE

PEST CONTROL DISCLOSURE & ALLOCATION OF RESPONSIBILITIES

(Virginia Residential Landlord and Tenant Act – Va. Code Ann. § 55.1-1200 et seq.)

DOCUMENT HEADER

This Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between [LEGAL NAME OF LANDLORD] (“Landlord”) and [LEGAL NAME(S) OF TENANT(S)] (individually and collectively, “Tenant”), and is incorporated into and made a part of that certain Residential Lease dated [LEASE DATE] (the “Lease”) covering the real property located at [PREMISES ADDRESS] (the “Premises”).

The parties agree that the following provisions shall amend, supplement, and supersede (to the extent of any conflict) the Lease. All capitalized terms used but not defined herein have the meanings assigned in the Lease.

TABLE OF CONTENTS

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

I. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below:

1. “Habitability Standards” – The minimum requirements for a fit and habitable dwelling as prescribed by Va. Code Ann. § 55.1-1220.
2. “Infestation” – The presence or apparent presence of one or more Pests in sufficient number to materially impair Habitability Standards.
3. “Pest” – Any rodent, cockroach, ant, termite, bedbug, flea, or other insect or vermin commonly recognized in the pest-control industry as deleterious to human health, safety, or property.
4. “Pest Management Professional” or “PMP” – A person or entity duly licensed under applicable Virginia law to inspect for and treat Pests.
5. “Professional Treatment” – A pest-control service performed by a PMP in accordance with industry standards and manufacturer instructions.
6. “Qualifying Pest” – Any Pest that materially affects Habitability Standards or poses a health, safety, or structural risk to the Premises.
7. “Treatment Plan” – A written plan prepared by a PMP describing inspection findings, recommended treatments, follow-up actions, and maintenance protocols.

[// GUIDANCE: Add or delete defined terms to align with specific property concerns.]

II. OPERATIVE PROVISIONS

2.1 Incorporation and Hierarchy. This Addendum is incorporated into the Lease. In the event of conflict, this Addendum controls with respect to Pest matters.

2.2 Disclosure of Prior or Existing Infestation.
(a) Landlord hereby discloses to Tenant the following known history of Infestation and/or Professional Treatment at the Premises during the twelve (12) months preceding the Effective Date:
 [DISCLOSURE DETAILS OR “NONE.”]
(b) Tenant acknowledges receipt of this disclosure and that Landlord has complied with its duty of disclosure under Va. Code Ann. § 55.1-1220(A).

2.3 Initial Inspection. Within five (5) days after the Effective Date, Landlord (or a PMP engaged by Landlord) may enter the Premises, on not less than twenty-four (24) hours’ advance notice, to conduct an initial Pest inspection at Landlord’s expense. Failure to conduct an initial inspection shall not relieve Landlord of its obligations under this Addendum or Va. Code Ann. § 55.1-1220.

2.4 Ongoing Monitoring & Reporting.
(a) Tenant shall promptly notify Landlord in writing of any suspected Infestation, Pest harborage, or conditions likely to attract Pests (“Pest Condition”) within forty-eight (48) hours of discovery.
(b) Landlord shall, within five (5) business days after receipt of notice under Section 2.4(a), retain a PMP to verify the alleged Pest Condition.

2.5 Treatment Procedures.
(a) Upon confirmation of a Qualifying Pest, Landlord shall cause a PMP to prepare a Treatment Plan and commence Professional Treatment within a commercially reasonable time, not to exceed seven (7) business days, subject to PMP availability and applicable safety restrictions.
(b) Tenant shall comply with all reasonable preparation and follow-up instructions provided by the PMP (“Preparation Obligations”), including without limitation laundering textiles, sealing food, vacuuming, and providing access to all affected areas.

2.6 Cost Allocation.
(a) Landlord Obligations. Except as provided in Section 2.6(b), Landlord shall bear all reasonable costs of Professional Treatment and re-inspection required to eradicate a Qualifying Pest and to restore the Premises to Habitability Standards.
(b) Tenant Responsibility. If the PMP reasonably determines in writing that a Pest Condition was caused by Tenant’s negligent act, omission, or violation of the Lease (including this Addendum), Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord for inspection, Professional Treatment, and repairs attributable to such negligence within thirty (30) days after written demand.
(c) Disputes regarding cost allocation shall be resolved in accordance with Article VII (Dispute Resolution).

2.7 Access for Treatment. Tenant shall provide Landlord, its agents, and the PMP access to the Premises on reasonable notice (not less than twenty-four (24) hours, unless exigent circumstances exist) for inspection, treatment, or follow-up, consistent with Va. Code Ann. § 55.1-1229.

2.8 Prohibited Actions. Tenant shall not:
(i) self-apply any pesticide or treatment contrary to label instructions or in violation of law;
(ii) interfere with, obstruct, or delay Professional Treatment; or
(iii) relocate personal property infested with Pests to common areas or other residential units.

III. REPRESENTATIONS & WARRANTIES

3.1 Landlord Representations. Landlord represents and warrants that, to Landlord’s actual knowledge and except as disclosed in Section 2.2(a):
(a) The Premises are free of any active Infestation as of the Effective Date; and
(b) Any prior Pest Condition has been treated in accordance with applicable law and industry standards.

3.2 Tenant Representations. Tenant represents and warrants that:
(a) Tenant has not knowingly introduced any Pest into the Premises;
(b) Tenant has inspected the Premises and found them to be free of any apparent Infestation, except as noted in writing to Landlord; and
(c) Tenant shall comply with all Preparation Obligations.

3.3 Survival. The representations and warranties in this Article III survive termination or expiration of the Lease to the extent required to enforce the rights and obligations set forth herein.

IV. COVENANTS & RESTRICTIONS

4.1 Landlord Covenants. Landlord shall:
(a) Maintain the Premises in compliance with Habitability Standards, including keeping structural elements in a condition that does not promote Pests;
(b) Keep records of all inspections and treatments for a minimum of three (3) years and, upon Tenant’s written request, provide copies (redacted as reasonably necessary for privacy) within ten (10) days.

4.2 Tenant Covenants. Tenant shall:
(a) Maintain the Premises in a sanitary condition so as not to attract Pests, consistent with Va. Code Ann. § 55.1-1227;
(b) Comply with garbage-disposal rules and refrain from storing food in a manner conducive to Pest harborage;
(c) Permit Landlord and the PMP reasonable access for purposes of inspection and Professional Treatment; and
(d) Promptly reimburse Landlord for costs allocated to Tenant under Section 2.6(b).

V. DEFAULT & REMEDIES

5.1 Tenant Default. Each of the following constitutes an “Event of Tenant Default” under this Addendum:
(a) Failure to comply with Preparation Obligations or access requirements under Section 2.5(b) or 2.7;
(b) Failure to reimburse Landlord for Tenant-allocated costs within the time required; or
(c) Violation of Section 2.8 (Prohibited Actions).

5.2 Remedies for Tenant Default. Upon an Event of Tenant Default, Landlord may, in addition to any remedy under the Lease or applicable law:
(i) Perform or cause to be performed any Preparation Obligations or remedial actions at Tenant’s cost;
(ii) Charge Tenant as additional rent all reasonable costs incurred by Landlord, payable on the next rent due date; and
(iii) Declare a material non-compliance under Va. Code Ann. § 55.1-1245 and pursue possession after requisite notice and opportunity to cure.

5.3 Landlord Default. Failure by Landlord to commence Professional Treatment within the timeframe required by Section 2.5(a) constitutes a breach of Landlord’s duties under Va. Code Ann. § 55.1-1220. Tenant may:
(i) Seek injunctive relief or specific performance to compel compliance;
(ii) Avail itself of the rent escrow procedures authorized by Va. Code Ann. § 55.1-1244; and
(iii) Recover actual damages and reasonable attorney fees as permitted by law.

VI. RISK ALLOCATION

6.1 Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against any third-party claims, damages, or expenses (including reasonable attorney fees) arising out of or relating to:
(a) The Indemnifying Party’s breach of this Addendum; or
(b) The negligence or willful misconduct of the Indemnifying Party or its guests, invitees, or contractors.

6.2 Limitation of Liability. Except for (i) a party’s gross negligence or willful misconduct, or (ii) obligations expressly surviving termination, each party’s aggregate liability to the other under this Addendum is limited to that party’s actual, direct damages proved, and neither party shall be liable for consequential, incidental, special, or punitive damages.

6.3 Insurance. Landlord shall maintain property insurance covering structural damage caused by Pests. Tenant is strongly encouraged (but not required) to obtain renters’ insurance covering personal property losses that may arise from a Pest Condition.

6.4 Force Majeure. Neither party shall be liable for delay or failure to perform obligations under this Addendum (other than payment of money) due to acts of God, governmental authority, pandemic-related restrictions, or other events beyond its reasonable control, provided that the affected party gives prompt written notice and resumes performance as soon as practicable.

VII. DISPUTE RESOLUTION

7.1 Governing Law. This Addendum and all disputes arising hereunder shall be governed by the Virginia Residential Landlord and Tenant Act and other applicable laws of the Commonwealth of Virginia, without regard to conflicts-of-law principles.

7.2 Forum Selection. Any action arising from this Addendum shall be brought exclusively in the [NAME OF VIRGINIA GENERAL DISTRICT COURT OR CIRCUIT COURT] having jurisdiction over the location of the Premises (“Housing Court”). Each party irrevocably submits to, and waives any objection to, personal jurisdiction and venue in such court.

7.3 Arbitration Excluded. The parties expressly agree that disputes shall not be submitted to arbitration.

7.4 Jury Trial. NOTHING IN THIS ADDENDUM OR THE LEASE SHALL BE CONSTRUED AS A WAIVER OF EITHER PARTY’S CONSTITUTIONAL RIGHT TO TRIAL BY JURY.

7.5 Injunctive Relief. The parties acknowledge that breach of obligations concerning Habitability Standards could cause irreparable harm not adequately compensable by monetary damages. Each party is entitled to seek temporary, preliminary, and permanent injunctive relief to enforce such obligations, in addition to any other remedy at law or equity.

VIII. GENERAL PROVISIONS

8.1 Amendments and Waivers. No modification or waiver of this Addendum is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver of any subsequent breach.

8.2 Assignment. Tenant may not assign, sublease, or delegate any rights or obligations under this Addendum without Landlord’s prior written consent. Any unauthorized assignment is void.

8.3 Successors and Assigns. Subject to Section 8.2, this Addendum is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.

8.4 Severability. If any provision of this Addendum is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be deemed modified to the minimum extent necessary to make it enforceable.

8.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties with respect to Pest matters and supersedes all prior or contemporaneous oral or written agreements.

8.6 Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted by reliable electronic means (e.g., PDF, DocuSign) are deemed original.

IX. EXECUTION BLOCK

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

[ADD ADDITIONAL TENANT SIGNATURE LINES AS NEEDED]

[OPTIONAL NOTARY ACKNOWLEDGMENT BLOCK – use if local recording or court practice requires notarization.]

[// GUIDANCE:
1. Confirm that treatment timelines, notice periods, and cure rights conform to any local ordinances stricter than the VRLTA.
2. Review cost-allocation language against any fair-housing or consumer-protection regulations applicable to multi-family housing.
3. Consider inserting a disclosure schedule if the Premises have a complex history of infestation.
4. Coordinate this Addendum with any separate bedbug-specific disclosure mandated by local code.
5. Replace bracketed placeholders and court names before execution.]