PEST CONTROL DISCLOSURE & ADDENDUM

to Residential Lease or Rental Agreement

Governing Law: Washington Residential Landlord-Tenant Act (RCW 59.18 et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1. Landlord Pest Control Obligations
   3.2. Tenant Cooperation Obligations
   3.3. Treatment Procedures
   3.4. Cost Allocation
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Addendum Title: Pest Control Disclosure & Addendum (the “Addendum”)
Landlord: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)] (“Tenant”)
Premises: [STREET ADDRESS, UNIT NO., CITY, WA ZIP] (the “Premises”)
Master Lease: Residential Lease or Rental Agreement dated [DATE] (the “Lease”) between Landlord and Tenant for the Premises.
Effective Date: This Addendum is effective as of the later of (i) the Lease Commencement Date or (ii) the date on which both Parties have executed this Addendum (the “Effective Date”).

Recitals
A. Landlord and Tenant have entered into the Lease for the Premises.
B. Washington law requires disclosures regarding pest control measures and allocation of related obligations.
C. The Parties desire to supplement the Lease in accordance with RCW 59.18 and other applicable laws.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below or, if not defined herein, the meanings given in the Lease.

“Actual Damages” means the direct, out-of-pocket losses suffered by a Party and proven with reasonable certainty, exclusive of consequential, incidental, punitive, or exemplary damages.

“Inspection Window” means the period beginning no earlier than [] hours after Landlord’s written notice and ending no later than [] hours thereafter during which Landlord or its Pest Control Provider may enter the Premises for inspection or treatment in accordance with Section 3.3.

“Invasive Treatment” means any pest remediation measure that requires the application of chemical agents inside the Premises or the temporary vacating of the Premises by Tenant.

“Pest” means insects, rodents, bedbugs, birds, or vermin of any kind that (a) pose a risk to habitability or health, or (b) materially interfere with quiet enjoyment.

“Pest Control Provider” means a licensed pest management professional retained by Landlord.

3. OPERATIVE PROVISIONS

3.1 Landlord Pest Control Obligations

a. Habitability. Pursuant to RCW 59.18.060, Landlord shall provide and maintain the Premises in a condition fit for human habitation and free from infestation at the commencement of the tenancy and throughout the Lease Term.
b. Preventive Measures. Landlord shall perform routine exterior inspections and take reasonable preventive actions to deter Pest intrusion.
c. Extermination Services. Except as otherwise provided herein, Landlord shall promptly engage a Pest Control Provider to remediate any verified infestation.

[// GUIDANCE: Subsection (a) mirrors statutory language. Subsection (b) is preventive; subsection (c) creates an affirmative duty triggered by “verified” infestation.]

3.2 Tenant Cooperation Obligations

a. Cleanliness. Tenant shall keep the Premises in a reasonably clean and sanitary condition so as not to attract or harbor Pests.
b. Prompt Notice. Tenant shall provide written notice to Landlord within 24 hours of discovering evidence of Pests.
c. Access. Tenant shall grant Landlord and the Pest Control Provider access to the Premises during the Inspection Window.
d. Preparation. Tenant shall comply with all reasonable preparation instructions provided by the Pest Control Provider for any treatment, including but not limited to bagging personal items or laundering linens.
e. Tenant Caused Infestation. If an infestation is caused by Tenant’s willful misconduct, negligence, or breach of this Section 3.2, Tenant shall bear the Cost Allocation under Section 3.4(b).

3.3 Treatment Procedures

a. Inspection. Upon receipt of Tenant’s notice or Landlord’s own discovery, Landlord shall inspect or cause inspection of the Premises within [3] business days.
b. Non-Invasive Treatment. If a minor infestation can be treated through baiting, traps, or other non-chemical means, Landlord shall undertake such treatment within [5] business days after inspection.
c. Invasive Treatment. For significant or recurring infestations, Landlord may order Invasive Treatment. Landlord shall provide Tenant with at least [48] hours’ written notice stating:
i. Date and time of treatment;
ii. Required Tenant preparations; and
iii. Estimated re-entry time.
d. Temporary Relocation. If Invasive Treatment requires Tenant to vacate the Premises for more than 24 hours, Landlord shall, at Landlord’s cost, provide a hotel or comparable accommodation for the period of displacement, unless the infestation is Tenant Caused.
e. Post-Treatment Verification. Landlord shall schedule a follow-up inspection within [14] days of treatment completion.

3.4 Cost Allocation

a. Landlord Responsibility. Landlord shall bear all reasonable costs of inspection, treatment, and prevention except as provided in subsection (b).
b. Tenant Responsibility. Tenant shall reimburse Landlord, as Additional Rent, for all reasonable Pest-related costs (including relocation) arising from a Tenant Caused Infestation, payable within [30] days of Landlord’s invoice.
c. Insurance. Nothing herein precludes either Party from recovering covered costs under any applicable insurance policy.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents that it has full power and authority to execute and perform this Addendum.
4.2 Condition at Commencement. Landlord represents that, to the best of its knowledge, the Premises are free of infestation as of the Effective Date, except as disclosed in Exhibit A (if applicable).
4.3 No Conflicting Obligations. The execution of this Addendum does not violate any other agreement binding on either Party.

The representations in Sections 4.1–4.3 survive for the longer of (a) the Lease Term or (b) twelve (12) months after the Effective Date.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenant to Maintain. Tenant covenants to comply with Section 3.2 at all times.
5.2 Landlord Covenant to Remediate. Landlord covenants to perform its obligations under Section 3.1 without unreasonable delay.
5.3 No Self-Help. Tenant shall not engage any third-party pest control services without Landlord’s written consent except in emergencies posing an imminent threat to health or safety.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Tenant Default. Failure to (i) provide access as required by Section 3.2(c), (ii) pay amounts due under Section 3.4(b), or (iii) comply with preparation instructions constitutes a material breach.
b. Landlord Default. Failure to perform timely remediation under Section 3.3 constitutes a material breach.

6.2 Notice & Cure
a. Tenant. Landlord shall provide written notice specifying the default and allow Tenant [3] days to cure.
b. Landlord. Tenant shall provide written notice and allow Landlord [5] business days to commence cure.

6.3 Remedies
a. Tenant Remedies. If Landlord fails to cure within applicable periods, Tenant may pursue remedies under RCW 59.18, including injunctive relief and rent abatement to the extent permitted by law.
b. Landlord Remedies. If Tenant fails to cure, Landlord may (i) perform Tenant’s obligations at Tenant’s expense, (ii) assess such costs as Additional Rent, and/or (iii) pursue eviction under RCW 59.12.
c. Attorneys’ Fees. The prevailing Party in any action to enforce this Addendum is entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Indemnification
a. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from Actual Damages arising out of a Tenant Caused Infestation.
b. Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from Actual Damages arising out of Landlord’s gross negligence or willful misconduct in performing pest control services.

7.2 Limitation of Liability
Except for a Party’s indemnification obligations, willful misconduct, or violations of law, each Party’s liability under this Addendum is limited to Actual Damages.

7.3 Insurance
Landlord shall maintain commercial general liability insurance with limits not less than $[] per occurrence; Tenant shall maintain renter’s insurance with personal property coverage of at least $[].

7.4 Force Majeure
Performance is excused to the extent prevented by events beyond the Party’s reasonable control (“Force Majeure”), provided the impacted Party gives prompt written notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the laws of the State of Washington, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction in the [COUNTY NAME] Superior Court – Housing Division (or its successor) for any action relating to this Addendum.

8.3 Arbitration. The Parties expressly exclude arbitration.

8.4 Jury Trial. Nothing herein constitutes a waiver of the constitutional right to a jury trial where such right is available.

8.5 Injunctive Relief. Either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability or access obligations without posting bond, to the extent permitted by law.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification of this Addendum is effective unless in a writing signed by both Parties. A waiver on one occasion is not a waiver on any future occasion.

9.2 Assignment. Tenant shall not assign or sublet the Premises without Landlord’s prior written consent.

9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder remains in full force, and the invalid provision is deemed modified to the minimum extent necessary to make it enforceable.

9.5 Integration. This Addendum and the Lease constitute the entire agreement regarding pest control, superseding all prior discussions.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts and by electronic signature, each of which is deemed an original and together constitute one instrument.

10. EXECUTION BLOCK

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

EXHIBIT A

(Initial Pest Disclosure – attach inspection report or “None Known” statement)

// GUIDANCE: Attach any pre-occupancy inspection report or disclosure required under local ordinances (e.g., Seattle Municipal Code 22.206 if applicable).