PEST CONTROL DISCLOSURE AND ADDENDUM

TO RESIDENTIAL LEASE AGREEMENT

(State of Vermont)

I. DOCUMENT HEADER

1. Parties
   This Pest Control Disclosure and Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   A. Landlord: [LEGAL NAME OF LANDLORD], whose notice address is [LANDLORD ADDRESS] (“Landlord”); and
   B. Tenant(s): [FULL LEGAL NAME(S) OF TENANT(S)], individually and collectively (“Tenant”).

2. Premises
   The real property and dwelling located at [PREMISES ADDRESS] (the “Premises”) as more fully described in that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”).

3. Purpose & Consideration
   The parties desire to supplement the Lease, allocating rights and obligations concerning pest control, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

[// GUIDANCE: Recitals clarify that this Addendum is part of, and fully incorporated into, the existing Lease.]

TABLE OF CONTENTS

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

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Terms defined in the Lease carry the same meaning unless expressly modified herein.

A. “Actual Damages” – The direct, out-of-pocket losses proven by competent evidence, excluding consequential, special, punitive, or exemplary damages.
B. “Infestation” – The presence of one (1) or more live or dead Pest(s), Pest by-products (e.g., cast skins, eggs, droppings), or harborage conditions reasonably indicating ongoing Pest activity.
C. “Inspection” – A visual and/or instrumental examination of the Premises by a Qualified Pest Professional to detect Pest presence.
D. “Pest” – Any insect, rodent, or other vermin, including but not limited to bedbugs (Cimex lectularius), cockroaches, ants, termites, fleas, mice, and rats.
E. “Qualified Pest Professional” – A Vermont-licensed pesticide applicator, exterminator, or other contractor qualified under 6 V.S.A. ch. 87.
F. “Treatment” – Any chemical, mechanical, or biological method employed by a Qualified Pest Professional to eliminate or control Pest(s).

[// GUIDANCE: Keep definitions alphabetical for quick reference.]

III. OPERATIVE PROVISIONS

A. Landlord’s Obligations
1. Habitability. Consistent with 9 V.S.A. § 4457(a)(4), Landlord shall deliver and maintain the Premises in a condition free from Infestation.
2. Baseline Inspection. Within five (5) business days prior to Tenant’s initial occupancy (or within ten (10) days after the Effective Date for existing tenancies), Landlord shall cause a Qualified Pest Professional to perform an Inspection and provide written findings to Tenant.
3. Remedial Treatment. Upon receipt of a written Pest Notice (defined below) or upon Landlord’s own discovery of Infestation, Landlord shall:
a. Engage a Qualified Pest Professional within three (3) business days; and
b. Commence Treatment within a commercially reasonable time, not to exceed ten (10) business days, unless delayed by Force Majeure (see Section VII.D).

B. Tenant’s Obligations
1. Pest Notice Requirement. Tenant shall promptly—no later than forty-eight (48) hours after discovery—provide Landlord with written notice (“Pest Notice”) describing any suspected Infestation.
2. Access & Cooperation. Tenant shall:
a. Grant Landlord and its agents reasonable access for Inspection and Treatment in accordance with 9 V.S.A. § 4460;
b. Follow all preparatory and post-Treatment instructions (e.g., laundry, bagging, furniture movement); and
c. Not impede, refuse, or delay Inspection or Treatment.
3. Prevention Measures. Tenant shall maintain cleanliness, promptly dispose of garbage, store food in sealed containers, and refrain from introducing used mattresses, upholstered furniture, or other Pest-harboring items without prior Inspection.

C. Cost Allocation
1. Routine & Initial Costs. Unless otherwise required by applicable law, Landlord shall bear the cost of:
a. The Baseline Inspection; and
b. The first Treatment for any Infestation not caused by Tenant’s act or omission.
2. Tenant-Attributable Infestation. If a Qualified Pest Professional reasonably determines, based on written findings, that an Infestation was caused by Tenant’s negligence, willful misconduct, or violation of this Addendum, Tenant shall reimburse Landlord for all reasonable costs of Inspection, Treatment, and associated damages within thirty (30) days of invoicing.
3. Disputed Allocation. Either party may, at its sole expense, obtain a second opinion from a different Qualified Pest Professional within seven (7) days of the initial finding. If opinions conflict, the parties shall jointly select a third Qualified Pest Professional whose determination shall be final and binding for cost allocation purposes (but not for liability cap purposes).

[// GUIDANCE: Adjust cost split and timelines to reflect negotiated risk tolerance.]

IV. REPRESENTATIONS & WARRANTIES

A. Landlord represents and warrants that, to Landlord’s knowledge as of the Effective Date, the Premises are free from Infestation except as disclosed in Schedule 1 attached hereto (if any).
B. Tenant represents and warrants that:
1. Tenant has not knowingly introduced any Pest into the Premises; and
2. All personal property currently in, or to be moved into, the Premises has been inspected and found free of Pest(s).
C. Survival. The representations and warranties in this Section survive for the Term of the Lease and a period of one (1) year thereafter.

V. COVENANTS & RESTRICTIONS

A. Tenant shall not apply over-the-counter pesticides or self-administered treatments that could:
1. Compromise professional Treatment efficacy;
2. Create health or safety hazards; or
3. Violate any applicable environmental or pesticide regulation.
B. Landlord shall not commence elective structural alterations or renovations that unreasonably delay or hinder Treatment.
C. Both parties shall comply with all federal, state, and local statutes, regulations, and ordinances relating to pest control, including the Vermont Rental Housing Health Code.

VI. DEFAULT & REMEDIES

A. Events of Default
1. Tenant’s failure to provide Pest Notice, grant access, or cooperate with Treatment per Section III.B.
2. Landlord’s failure to initiate Treatment within the timeframe set forth in Section III.A.3.

B. Notice & Cure
1. A non-defaulting party shall deliver written notice specifying the default and allow:
a. Landlord – five (5) business days to cure;
b. Tenant – three (3) business days to cure (given the potential for rapid Pest proliferation).

C. Remedies
1. Landlord Remedies. If Tenant defaults, Landlord may:
a. Charge Tenant the reasonable costs of further Inspection/Treatment;
b. Pursue lease termination and possession as permitted by 9 V.S.A. § 4467; and/or
c. Recover Actual Damages, reasonable attorneys’ fees, and costs.
2. Tenant Remedies. If Landlord defaults, Tenant may:
a. Pursue injunctive relief or specific performance (see Section VIII.D);
b. Abate rent proportionally under 9 V.S.A. § 4459; and/or
c. Recover Actual Damages, reasonable attorneys’ fees, and costs.

VII. RISK ALLOCATION

A. Indemnification
Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its respective agents, employees, successors, and assigns (“Indemnified Party”) from and against any third-party claims, liabilities, or losses arising out of (i) the Indemnifying Party’s breach of this Addendum or gross negligence, or (ii) personal injury or property damage caused by such breach or negligence, limited to Actual Damages.

B. Limitation of Liability
EXCEPT FOR (i) A PARTY’S WILLFUL MISCONDUCT OR FRAUD, AND (ii) OBLIGATIONS EXPRESSLY STATED TO SURVIVE TERMINATION, NEITHER PARTY SHALL BE LIABLE FOR ANY DAMAGES OTHER THAN ACTUAL DAMAGES.

C. Insurance
1. Landlord shall maintain property and liability insurance customary for similarly situated Vermont residential properties.
2. Tenant is encouraged—though not required—to obtain renter’s insurance covering personal property and liability, including pest-related damage.

D. Force Majeure
Neither party shall be liable for failure to perform obligations (other than payment of money or Tenant’s cooperation duties) if such failure is caused by events beyond the party’s reasonable control, including natural disasters, labor disputes, or pandemics, provided the affected party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

A. Governing Law
This Addendum and any dispute hereunder shall be governed by the laws of the State of Vermont, including the Vermont Residential Rental Agreements Act, 9 V.S.A. §§ 4451–4468, without regard to conflict-of-law principles.

B. Forum Selection
Exclusive venue lies in the [COUNTY] Unit of the Vermont Superior Court, Housing Division (or its successor) (“Housing Court”).

C. Arbitration
The parties expressly exclude arbitration.

D. Injunctive Relief
Either party may seek temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable remedies in Housing Court to enforce habitability obligations without posting bond, to the extent permitted by law.

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

IX. GENERAL PROVISIONS

A. Amendment & Waiver
No amendment or waiver of any provision shall be effective unless in a written instrument signed by both parties. Waiver of any breach shall not be deemed waiver of subsequent breaches.

B. Assignment & Delegation
Tenant shall not assign the Lease or delegate obligations without Landlord’s prior written consent, except as otherwise provided by Vermont law.

C. Successors & Assigns
This Addendum binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns.

D. Severability
If any provision is found invalid or unenforceable, it shall be reformed to the minimum extent necessary to render it enforceable, and the remainder shall continue in full force.

E. Integration
This Addendum, together with the Lease and any schedules, constitutes the entire agreement on the subject matter, superseding all prior oral or written understandings.

F. Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each of which is deemed an original. Signatures delivered via electronic transmission shall be binding.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment, if required for recordation or by local ordinance]

SCHEDULE 1

(Disclosure of Known Pest Activity, if any)

[// GUIDANCE: Delete this schedule if no current or prior Pest activity is known. Attach additional pages as necessary.]