PEST CONTROL & DISCLOSURE ADDENDUM
to Residential Lease Agreement – State of Wyoming
[// GUIDANCE: This template is drafted for use with a Wyoming residential lease. Replace bracketed items with deal-specific information and delete all guidance notes prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Delivery of Pest-Free Premises
3.2 On-Going Pest Control Obligations
3.3 Treatment Procedures & Tenant Cooperation
3.4 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Addendum Title: Pest Control & Disclosure Addendum (the “Addendum”)
Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)] (“Tenant”)
Premises: [STREET ADDRESS, CITY, WY ZIP]
Original Lease: Residential Lease Agreement dated [LEASE DATE] (the “Lease”)
Effective Date of Addendum: [DATE]
Recitals
A. Landlord and Tenant are parties to the Lease covering the Premises located in the State of Wyoming.
B. Wyoming’s Residential Rental Property Act, Wyo. Stat. Ann. §§ 1-21-1201 et seq. (the “Wyoming Act”), requires Landlord to deliver a habitable dwelling and maintain it free from conditions materially affecting health and safety, including insect and vermin infestation.
C. The parties desire to supplement the Lease to set forth their respective rights and obligations regarding pest control, disclosure, and cost allocation.
Consideration. In consideration of the mutual covenants herein and in the Lease, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.
2. DEFINITIONS
Unless otherwise stated, capitalized terms have the meanings set forth below.
“Addendum” has the meaning set forth in the Document Header.
“Authorized Pest Control Professional” means a duly licensed pest control operator engaged by either party in compliance with Wyo. Stat. Ann. tit. 35 and all applicable regulations.
“Common Areas” means all areas of the building or complex outside the Premises that are designated for common use under the Lease.
“Covered Pests” means insects, rodents, arachnids, bed bugs, cockroaches, fleas, and other vermin customarily treated by licensed pest control professionals in Wyoming.
“Infestation” means the presence of one or more Covered Pests in sufficient number to create an actual or potential health or safety condition under the Wyoming Act.
“Notice” means written notice delivered in accordance with Section 9.4 (Notices).
“Premises” has the meaning given in the Document Header and the Lease.
“Treatment Event” means any inspection, fumigation, extermination, spraying, baiting, heat remediation, or other commercially accepted pest abatement service.
3. OPERATIVE PROVISIONS
3.1 Delivery of Pest-Free Premises
(a) Landlord warrants that, as of the Lease commencement date, the Premises and Common Areas are free of Infestation in compliance with Wyo. Stat. Ann. § 1-21-1203(a)(i).
(b) Any existing or prior Infestation known to Landlord is disclosed on Exhibit A attached hereto.
3.2 On-Going Pest Control Obligations
(a) Landlord shall:
(i) engage an Authorized Pest Control Professional to perform routine preventative treatments of Common Areas at commercially reasonable intervals; and
(ii) upon receipt of Tenant’s Notice of suspected Infestation, promptly inspect and, if confirmed, schedule a Treatment Event.
(b) Tenant shall:
(i) keep the Premises in a clean, sanitary condition so as to avoid attraction of Covered Pests;
(ii) promptly (no later than forty-eight [48] hours) notify Landlord in writing of any suspected Infestation; and
(iii) comply with all preparation, vacancy, and re-entry instructions provided by the Authorized Pest Control Professional.
3.3 Treatment Procedures & Tenant Cooperation
(a) Entry. Tenant hereby grants Landlord and its contractors access to the Premises upon not less than twenty-four (24) hours’ prior Notice for any inspection or Treatment Event, except in emergencies where no prior Notice is practicable.
(b) Preparation. Tenant shall, at Tenant’s sole cost, complete all preparatory measures described in Exhibit B (Preparation Checklist).
(c) Failure to Cooperate. Tenant’s failure to comply with this Section constitutes a material default under both this Addendum and the Lease.
3.4 Cost Allocation
(a) Landlord shall bear the reasonable cost of any Treatment Event unless:
(i) an Authorized Pest Control Professional determines that the Infestation was caused by Tenant’s negligent or intentional act or omission; or
(ii) Tenant fails to comply with Section 3.3(b), resulting in repeat or additional Treatment Events.
(b) If subsection (a)(i) or (a)(ii) applies, Tenant shall reimburse Landlord for all costs of inspection, treatment, and associated damages within ten (10) days of Landlord’s written demand, as Additional Rent.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that, to Landlord’s actual knowledge, the Premises is free from Infestation except as disclosed on Exhibit A.
4.2 Tenant represents that:
(a) Tenant has inspected the Premises prior to occupancy and observed no evidence of Infestation;
(b) Tenant has not vacated any dwelling within the past twelve (12) months due to Infestation; and
(c) all personal furnishings and effects brought onto the Premises are, to Tenant’s knowledge, free of Covered Pests.
4.3 Survival. The warranties and representations in this Addendum survive the termination or expiration of the Lease only to the extent necessary to enforce indemnity and reimbursement obligations.
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall not introduce hazardous pesticides or DIY treatments that are incompatible with professional pesticide applications.
5.2 Tenant shall refrain from obstructing air vents, drains, or other building systems in a manner that promotes pest harborage.
5.3 Landlord shall maintain records of all Treatment Events for not less than three (3) years and make such records available for inspection by Tenant or governmental authorities upon reasonable request.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Tenant Default. Any of the following constitutes a Tenant default:
(i) failure to pay reimbursement amounts under Section 3.4(b);
(ii) refusal to provide access under Section 3.3(a); or
(iii) material breach of Section 5 (Covenants).
(b) Landlord Default. Landlord’s failure to schedule and complete a Treatment Event within a reasonable time after receiving Tenant’s Notice of Infestation.
6.2 Cure Periods.
(a) Tenant: three (3) days after written Notice (or such longer period as Landlord permits) to cure non-payment or cooperation failures.
(b) Landlord: ten (10) days after Tenant’s written Notice to cure failure to treat, subject to force majeure.
6.3 Remedies.
(a) Landlord Remedies. Upon Tenant default, Landlord may pursue any remedy allowed under the Lease, the Wyoming Act, or this Addendum, including actual damages, injunctive relief, and reasonable attorney fees.
(b) Tenant Remedies. Upon Landlord default, Tenant may pursue habitability remedies under the Wyoming Act, including rent abatement or termination (collectively, “Habitability Remedies”), following statutory notice requirements.
7. RISK ALLOCATION
7.1 Indemnification. Tenant shall defend, indemnify, and hold harmless Landlord, its agents, and employees from and against all claims, losses, and expenses (including reasonable attorney fees) arising out of or resulting from Tenant-caused Infestation or Tenant’s breach of this Addendum, except to the extent caused by Landlord’s negligence or willful misconduct.
7.2 Limitation of Liability. Each party’s liability under this Addendum is limited to actual, direct damages. Neither party shall be liable for consequential, special, or punitive damages, except where such damages are awarded to an injured third party and covered by the indemnity above.
7.3 Insurance. Tenant is encouraged (but not required) to maintain renter’s insurance covering personal property damage related to Infestation.
7.4 Force Majeure. Performance dates are extended to the extent delayed by events beyond the reasonable control of the affected party, excluding financial inability.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the laws of the State of Wyoming and the Wyoming Act.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [COUNTY NAME] County Housing Court or any court of competent jurisdiction within the State of Wyoming with subject-matter jurisdiction.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing in this Addendum constitutes a waiver of any constitutional right to a trial by jury.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or equitable relief to enforce habitability standards or to prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by both parties.
9.2 Assignment. Neither party may assign this Addendum except as provided in the Lease.
9.3 Integration. This Addendum and the Lease constitute the entire agreement regarding the subject matter and supersede all prior communications.
9.4 Notices. All Notices must be delivered in accordance with the Lease’s notice provision, with copies to:
[LANDLORD NOTICE ADDRESS]
[TENANT NOTICE ADDRESS]
9.5 Severability. If any provision is held unenforceable, the remainder of this Addendum remains in effect, and the unenforceable provision is reformed to the minimum extent necessary.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) are deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Pest Control & Disclosure Addendum as of the Effective Date.
| Landlord | Tenant |
|---|---|
______ Name: [PRINT NAME] Title: [IF APPLICABLE] Date: __ |
______ Name: [PRINT NAME] Date: __ |
______ Name: [PRINT NAME] Title: [IF APPLICABLE] Date: __ |
______ Name: [PRINT NAME] Date: __ |
[// GUIDANCE: Add additional signature blocks for multiple tenants or co-landlords as required.]
NOTARY ACKNOWLEDGMENT (if required under local practice)
State of Wyoming )
County of [COUNTY] ) ss.
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ______, known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ______
EXHIBIT A – LANDLORD DISCLOSURE OF PRIOR INFESTATION
[INSERT “None” OR DESCRIBE PAST INFESTATION, DATE TREATED, AND TREATMENT SUMMARY]
EXHIBIT B – TENANT PREPARATION CHECKLIST
- Launder all bedding and linens on high heat settings.
- Remove pets and secure food items prior to treatment.
- Vacate the Premises during the Treatment Event and for the re-entry period specified by the Authorized Pest Control Professional.
- [ADD ADDITIONAL STEPS AS PROVIDED BY PEST CONTROL COMPANY]
[// GUIDANCE: Attach the licensed pest control operator’s written instructions when scheduling each Treatment Event.]