WEST VIRGINIA RESIDENTIAL LEASE ADDENDUM

Pest Control Disclosure & Allocation of Responsibilities

[// GUIDANCE: This Addendum is intended for attachment to an existing West Virginia residential lease. Replace all bracketed placeholders before execution. Review the underlying Lease for consistency and eliminate conflicting language.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Landlord Obligations
   3.2 Tenant Obligations
   3.3 Treatment Procedures & Entry
   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

This Pest Control Disclosure & Allocation of Responsibilities Addendum (“Addendum”) is entered into effective as of [ADDENDUM EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (“Tenant”), collectively, the “Parties,” and is incorporated into that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) concerning the Premises located at [PROPERTY ADDRESS], West Virginia.

The Parties agree that this Addendum shall be governed by and construed in accordance with applicable West Virginia landlord-tenant law (the “Governing Law”). All capitalized terms not defined herein have the meanings assigned in the Lease.

2. DEFINITIONS

The following terms, appearing in alphabetical order, have the meanings set forth below for purposes of this Addendum:

“Affected Area” – Any portion of the Premises or common areas reasonably suspected or confirmed to harbor Pests or Infestation.

“Infestation” – The presence or apparent presence of one or more Pests in sufficient number that professional treatment is reasonably required to maintain the Premises in a habitable condition.

“Inspection” – A visual and, if warranted, invasive assessment performed by a Licensed Pest Professional to detect evidence of Pests or conditions conducive to their presence.

“Licensed Pest Professional” – A person or entity duly licensed under West Virginia law to engage in pesticide application and Pest management services.

“Pest(s)” – Any insects, rodents, bed bugs, termites, or other vermin commonly recognized as public health or property pests under applicable law.

“Preventive Treatment” – Pest management actions taken in the absence of a known Infestation to deter or minimize future Pest activity.

“Treatment” – Any chemical, mechanical, or other lawful procedure performed by a Licensed Pest Professional for the control or eradication of Pests.

3. OPERATIVE PROVISIONS

3.1 Landlord Obligations

(a) Delivery of Premises. Landlord shall deliver the Premises on the Commencement Date of the Lease in a condition free from known Infestation and compliant with habitability standards under Governing Law.
(b) Preventive Measures. Landlord shall, at its sole expense, implement commercially reasonable Preventive Treatments no less than [FREQUENCY, e.g., semi-annually].
(c) Response to Notice. Upon receipt of Tenant’s written notice of suspected Infestation, Landlord shall, within [X] business days, schedule an Inspection and, if necessary, commence Treatment in conformity with Section 3.3.
(d) Records. Landlord shall maintain records of all Inspections and Treatments for at least [THREE (3)] years and make such records available to Tenant or housing authorities upon reasonable request.

3.2 Tenant Obligations

(a) Sanitation & Prevention. Tenant shall keep the Premises in a sanitary condition, dispose of refuse properly, and refrain from behaviors that unreasonably attract Pests.
(b) Prompt Reporting. Tenant shall notify Landlord in writing of any suspected Pest activity within [24] hours of discovery.
(c) Cooperation. Tenant shall:
(i) Grant access pursuant to the Lease and Section 3.3;
(ii) Follow all reasonable preparation and post-Treatment instructions provided by the Licensed Pest Professional; and
(iii) Temporarily vacate the Premises if required for safe Treatment.
(d) Tenant-Caused Infestation. If an Infestation is reasonably determined by a Licensed Pest Professional to be caused by Tenant’s negligence or willful misconduct, the costs specified in Section 3.4(b) shall apply.

3.3 Treatment Procedures & Entry

(a) Advance Notice. Landlord shall provide Tenant with no less than [24] hours’ written notice of Inspection or Treatment, except in emergencies posing imminent risk to health or property, in which case reasonable notice shall suffice.
(b) Licensed Professionals. All pesticide applications must be performed by a Licensed Pest Professional in compliance with federal and state regulations.
(c) Safety Information. Landlord shall furnish Tenant with safety data sheets or other legally-required disclosures relating to any pesticides to be applied.

3.4 Cost Allocation

(a) Landlord-Borne Costs. Landlord shall bear:
(i) Costs of Preventive Treatments;
(ii) Costs of Inspections and Treatments for Infestations not attributable to Tenant under Section 3.2(d).
(b) Tenant-Borne Costs. Tenant shall reimburse Landlord, as Additional Rent, for:
(i) All reasonable costs of Inspections and Treatments directly attributable to Tenant’s breach of Section 3.2; and
(ii) Any additional costs incurred due to Tenant’s failure to prepare the Premises as instructed by the Licensed Pest Professional.
Reimbursement is due within [10] days of Landlord’s itemized written demand.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents that, to the best of Landlord’s current actual knowledge, the Premises are free from Infestation as of the Effective Date.

4.2 Tenant acknowledges receipt of all Treatment records dated within [12] months prior to the Effective Date and warrants that Tenant has inspected the Premises and found no visible signs of Infestation except as otherwise disclosed in writing concurrently herewith.

4.3 Survival. The representations and warranties in this Section 4 shall survive the expiration or earlier termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Tenant shall not apply any over-the-counter pesticide or engage unlicensed persons for Pest control without Landlord’s prior written consent.

5.2 Landlord shall not enter the Premises for Treatment except in accordance with Governing Law and Section 3.3.

5.3 The Parties covenant to comply with all applicable federal, state, and local regulations governing pesticide use, occupant safety, and habitability.

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default:
(a) Tenant’s failure to provide access or comply with Section 3.2;
(b) Landlord’s failure to initiate required Treatment under Section 3.1; or
(c) Failure by either Party to pay sums due under this Addendum within the time specified.

6.2 Cure Periods.
(a) For monetary defaults, the defaulting Party shall have [5] days after written notice to cure.
(b) For non-monetary defaults, the defaulting Party shall have [10] days after written notice to commence and diligently pursue cure.

6.3 Remedies. Upon uncured default, the non-defaulting Party may exercise any and all remedies available under the Lease and Governing Law, including specific performance, injunctive relief to enforce habitability standards, and recovery of actual damages, costs, and reasonable attorney fees.

7. RISK ALLOCATION

7.1 Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, its agents, and employees from and against all claims, damages, losses, and expenses (including reasonable attorney fees) arising out of or relating to (i) the Indemnifying Party’s breach of this Addendum, or (ii) the negligence or willful misconduct of the Indemnifying Party or its invitees.

7.2 Limitation of Liability. Notwithstanding any contrary provision in the Lease, neither Party shall be liable to the other for any indirect, consequential, punitive, or exemplary damages arising from Pest-related issues; liability is limited to the recovery of actual, direct damages.

7.3 Insurance. Landlord shall maintain property insurance customary for similarly-situated residential properties. Tenant is strongly encouraged, but not required, to obtain renter’s insurance covering personal property loss due to Pest-related damage.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by West Virginia landlord-tenant law without regard to conflict-of-law rules.

8.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the state housing court having venue over the county in which the Premises are located.

8.3 Arbitration. Arbitration is expressly excluded.

8.4 Jury Trial. Nothing in this Addendum constitutes a waiver of either Party’s constitutional right to a trial by jury.

8.5 Injunctive Relief. Nothing herein shall limit either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or to prevent irreparable harm.

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. A waiver on one occasion is not a waiver on any subsequent occasion.

9.2 Assignment. Tenant may not assign or sublease the Premises without Landlord’s prior written consent as provided in the Lease; any permitted assignee shall assume this Addendum in writing.

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

9.4 Severability. If any provision of this Addendum is held unenforceable, the remainder shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to achieve its original intent.

9.5 Integration. This Addendum, together with the Lease and any contemporaneous written agreements concerning Pest control, constitutes the entire agreement of the Parties on the subject matter and supersedes all prior or contemporaneous oral or written understandings.

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 delivered electronically or by facsimile are deemed original for all purposes.

[// GUIDANCE: West Virginia does not mandate notarization for residential leases statewide, but some counties may record memoranda of leases. Consult local counsel to determine whether notarization or witness attestation is advisable.]

10. EXECUTION BLOCK

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

Optional Witness (if required):
______ Date: ____
Name: [PRINT NAME]

[// GUIDANCE: Attach any Inspection or Treatment reports referenced in Section 4 as “Exhibit A.”]