PEST CONTROL DISCLOSURE AND ADDENDUM

to Residential Lease Agreement – State of Wisconsin

I. DOCUMENT HEADER

1. Parties
   This Pest Control Disclosure and Addendum (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   • [LANDLORD LEGAL NAME], a [entity type] (“Landlord”); and
   • [TENANT LEGAL NAME(S)] (“Tenant,” collectively if more than one).

2. Premises
   The real property and dwelling located at [PREMISES ADDRESS] (the “Premises”) leased pursuant to the Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”).

3. Purpose & Consideration
   The parties wish to supplement the Lease by allocating responsibilities, disclosing known conditions, and setting forth procedures regarding pest control and infestation in compliance with Wisconsin landlord-tenant law, including Wis. Stat. § 704.07.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Undefined capitalized terms retain the meanings ascribed in the Lease.

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

“Cost of Remediation” – All reasonable, market-rate costs for inspection, treatment, extermination, follow-up visits, temporary relocation (if mandated by a governmental authority or treatment protocol), and repairs of damage directly caused by Pests.

“Landlord Responsible Infestation” – An Infestation not caused by Tenant Responsible Conduct.

“Infestation” – The presence of rodents, bedbugs, cockroaches, termites, ants, or other insects or vermin (collectively, “Pests”) in sufficient number to materially affect habitability or pose a health or safety risk as determined by a licensed pest control professional.

“Tenant Responsible Conduct” – (a) negligent or intentional acts or omissions of Tenant, Tenant’s occupants, guests, or invitees that introduce, attract, or fail to mitigate Pests; or (b) breach of Tenant’s obligations under Section V below.

III. OPERATIVE PROVISIONS

3.1 Disclosure of Known Conditions
Landlord certifies that, as of the Effective Date, Landlord [CHECK ONE]: ☐ IS aware ☐ IS NOT aware of any existing Infestation in the Premises or common areas. If “IS aware,” details are attached as Exhibit A.

3.2 Initial Inspection
A move-in pest inspection shall be conducted jointly by Landlord and Tenant (or their representatives) within [X] days after the Commencement Date. Findings shall be documented on the move-in checklist.

3.3 Ongoing Inspections
Landlord or a licensed pest control contractor may enter the Premises upon at least 24-hours’ notice (or as otherwise permitted by law) to conduct reasonable periodic or follow-up pest inspections.

3.4 Duty to Report
Tenant shall promptly (within 24 hours of discovery) provide written notice to Landlord of any suspected Infestation.

3.5 Treatment Authorization
Landlord is authorized, but not obligated, to arrange professional treatment upon receipt of notice or discovery of an Infestation. Tenant shall fully cooperate with all preparation and post-treatment protocols, including temporary vacating if required.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations
Landlord represents that:
(a) The Premises is delivered in a condition compliant with Wis. Stat. § 704.07 and fit for human habitation, free from any known Infestation unless otherwise disclosed in Exhibit A.
(b) Any future treatment will be performed by a pest control operator licensed under Wisconsin law.

4.2 Tenant Representations
Tenant represents that personal property introduced to the Premises has been inspected and, to Tenant’s knowledge, is free of Pests.

4.3 Survival
Representations under this Section IV survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants
Tenant shall:
(a) Maintain the Premises in clean and sanitary condition so as not to attract Pests;
(b) Dispose of garbage in sealed containers and in accordance with building rules;
(c) Refrain from over-accumulating personal property to the extent that it obstructs treatment;
(d) Comply with all reasonable instructions issued by Landlord or the pest control contractor.

5.2 Landlord Covenants
Landlord shall:
(a) Maintain common areas in a manner that minimizes risk of Infestation;
(b) Provide Tenant with at least 48-hour written notice of any scheduled treatment requiring Tenant preparation or temporary relocation;
(c) Deliver post-treatment clearance documentation upon request.

VI. DEFAULT & REMEDIES

6.1 Events of Default
(a) Tenant’s failure to provide required access or comply with treatment protocols;
(b) Landlord’s failure to initiate reasonable remediation within a commercially reasonable time after receiving notice of a Landlord Responsible Infestation.

6.2 Cure Periods
Defaulting party must cure within five (5) business days after written notice (or sooner if health/safety dictates).

6.3 Remedies
(a) If Tenant defaults, Landlord may: (i) recover any incremental Cost of Remediation attributable to Tenant Responsible Conduct as Additional Rent; (ii) seek injunctive relief compelling compliance; and/or (iii) pursue eviction under Wis. Stat. ch. 799.
(b) If Landlord defaults, Tenant may: (i) seek abatement of Rent proportionate to loss of habitability; (ii) seek injunctive relief to compel remediation; and/or (iii) exercise rights under Wis. Stat. § 704.07(4).

6.4 Attorneys’ Fees
The prevailing party in any action arising from this Addendum shall be entitled to recover reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

7.1 Cost Allocation
(a) Landlord Responsible Infestation – Landlord bears the Cost of Remediation.
(b) Infestation caused by Tenant Responsible Conduct – Tenant bears the Cost of Remediation, payable as Additional Rent within 10 days of written demand.

7.2 Indemnification
Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other, its agents, and employees from and against any losses, claims, and actual damages (but not consequential, incidental, punitive, or exemplary damages) arising out of or relating to: (a) the Indemnifying Party’s breach of this Addendum; or (b) negligence or willful misconduct in relation to Pests.

7.3 Limitation of Liability
Except for obligations expressly assumed in Section 7.2 or liability resulting from gross negligence or willful misconduct, neither party shall be liable to the other for any damages beyond actual, out-of-pocket damages.

7.4 Insurance
Landlord shall maintain property and liability insurance customary for similarly-situated Wisconsin residential landlords. Tenant is advised to maintain renters’ insurance covering personal property loss from Pests. [// GUIDANCE: Wisconsin law does not require renters’ insurance, but disclosure is considered best practice.]

7.5 Force Majeure
Delay in remediation caused by events beyond reasonable control (e.g., unavailability of licensed contractors) shall extend cure periods, provided the affected party uses diligent efforts to mitigate.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum and any dispute arising hereunder shall be governed by the substantive laws of the State of Wisconsin, including Chapter 704 of the Wisconsin Statutes.

8.2 Forum Selection
Exclusive jurisdiction and venue shall lie in the [COUNTY NAME] County Housing Court, State of Wisconsin.

8.3 Arbitration
Arbitration is expressly excluded.

8.4 Jury Trial
Nothing herein shall be construed as a waiver of either party’s constitutional right to a trial by jury.

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

IX. 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 shall not assign this Addendum or sublease the Premises without Landlord’s prior written consent, except as permitted under the Lease.

9.3 Successors & Assigns
This Addendum is binding upon and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns.

9.4 Severability
If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force.

9.5 Integration
This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement regarding pest control and supersedes all prior discussions.

9.6 Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each of which is deemed an original, and may be signed electronically pursuant to Wis. Stat. § 137.15.

X. EXECUTION BLOCK

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

[Seal/Notary Block if required]

Exhibit A

(Disclosure of Existing Infestation – complete only if applicable)

[// GUIDANCE:
1. Attach this Addendum to the Lease, ensure cross-reference in Section 1 of the Lease.
2. Update move-in checklist to include pest inspection findings.
3. Modify rent ledger to treat Cost of Remediation as “Additional Rent” for accounting clarity.
4. Review local (municipal) ordinances that may impose stricter pest control duties.
]