RESIDENTIAL LEASE ADDENDUM
BEDBUG DISCLOSURE & TREATMENT OBLIGATIONS
(State of Alabama)
[// GUIDANCE: This template is drafted for use as an addendum to an existing Alabama residential lease. Bracketed fields must be customized before execution. Delete all guidance boxes prior to finalization.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title and Parties.
This Residential Lease Addendum – Bedbug Disclosure & Treatment Obligations (the “Addendum”) is made part of and incorporated into that certain Residential Lease Agreement dated [EFFECTIVE DATE] (the “Lease”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (collectively, “Tenant”) with respect to the dwelling unit located at [PREMISES ADDRESS] (the “Premises”).
1.2 Consideration and Purpose.
Landlord and Tenant enter into this Addendum in consideration of the mutual covenants contained herein, the rent provided under the Lease, and with the intent to comply with Alabama’s habitability standards under the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code §§ 35-9A-101 et seq., including disclosure and treatment of bedbug infestations.
1.3 Conflict.
If any provision of this Addendum conflicts with the Lease, this Addendum shall control as to bedbug-related matters. All other terms of the Lease remain in full force and effect.
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below.
“Bedbug” means Cimex lectularius or any other insect commonly referred to as a bedbug, at any life stage.
“Building” means the structure in which the Premises are located, together with all common areas.
“Certified Pest Control Professional” means a pest management provider licensed under Ala. Code Title 2, Chapter 28, and any successor statutes.
“Infestation” means a presence of Bedbugs in sufficient number to be visually confirmed by a Certified Pest Control Professional.
“Lease Term” has the meaning set forth in the Lease.
“Treatment” means any inspection, eradication, remediation, or monitoring measures performed by a Certified Pest Control Professional to eliminate or control Bedbugs.
3. OPERATIVE PROVISIONS
3.1 Initial Disclosure by Landlord.
(a) Prior to Tenant’s occupancy, Landlord represents that:
(i) The Premises [HAS / HAS NOT] been inspected by a Certified Pest Control Professional within the preceding [_____] days; and
(ii) The Premises and Building [ARE / ARE NOT] known or reasonably suspected by Landlord to contain any Bedbug Infestation as of the Effective Date.
(b) Landlord shall provide Tenant with a copy of any Bedbug inspection or Treatment report issued within the preceding twelve (12) months, if applicable.
3.2 Pre-Occupancy Inspection by Tenant.
Within forty-eight (48) hours after possession, Tenant shall inspect the Premises for evidence of Bedbugs and either (i) deliver a written statement that no evidence was found or (ii) immediately notify Landlord in writing of any suspected Infestation (“Initial Tenant Inspection Notice”). Failure to timely deliver the Initial Tenant Inspection Notice constitutes conclusive acceptance that no Infestation existed at the start of the Lease Term.
3.3 Ongoing Reporting Obligation.
Tenant shall promptly (and in any event within twenty-four (24) hours) notify Landlord in writing upon discovery of any Bedbug activity or suspected Infestation during the Lease Term (“Continuing Notice”).
3.4 Access for Inspection and Treatment.
Upon twenty-four (24) hours’ written notice, Landlord, its agents, and any Certified Pest Control Professional may enter the Premises for inspection, Treatment, or follow-up monitoring. Tenant shall, at Tenant’s sole cost, prepare the Premises in accordance with the pest control provider’s written instructions (e.g., laundering textiles, bagging personal property, moving furniture). Failure to cooperate constitutes a material breach of this Addendum.
3.5 Treatment Scheduling.
Landlord shall schedule Treatment to commence within five (5) business days after confirmation of Infestation, subject to provider availability and Tenant cooperation.
3.6 Cost Allocation.
(a) Landlord Responsibility.
Landlord shall bear all reasonable and customary costs of initial inspection and Treatment if:
(i) Infestation is confirmed within seven (7) days after Tenant takes possession and was not caused by Tenant’s negligence or willful conduct; or
(ii) Infestation originates in a unit or common area that is not the Premises and migrates into the Premises.
(b) Tenant Responsibility.
Tenant shall reimburse Landlord, as additional rent, for all costs of inspection and Treatment if:
(i) Infestation is caused by Tenant, Tenant’s guests, or occupants; or
(ii) Tenant fails to comply with preparation or follow-up instructions, causing repeat or extended Treatment.
Payment is due within thirty (30) days after Landlord delivers an itemized statement and copies of invoices.
3.7 Personal Property and Insurance.
Tenant acknowledges that renters’ insurance covering personal property and loss of use is commercially available and is advised to obtain such coverage. Landlord’s insurance does not cover Tenant’s personal property, relocation costs, or alternative lodging during Treatment.
3.8 No Rent Abatement.
Except as expressly required under Ala. Code § 35-9A-164, the occurrence of Bedbugs or Treatment thereof shall not constitute a constructive eviction, and Tenant’s rent obligations shall continue without abatement.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority.
Each party represents that it has full authority and capacity to enter into this Addendum and to perform its obligations.
4.2 Landlord Specific Warranties.
Landlord warrants that, to the best of its knowledge and belief, all disclosures herein are accurate as of the Effective Date. Landlord makes no other warranties, express or implied, regarding the absence of Bedbugs beyond those required by law.
4.3 Tenant Specific Representations.
Tenant represents that:
(a) Prior to signing, Tenant has received and reviewed Landlord’s disclosures and any inspection reports;
(b) Tenant has not previously vacated a dwelling due to Bedbug Infestation within the past twelve (12) months except as disclosed separately in writing; and
(c) All information provided by Tenant regarding prior Bedbug exposure is true, complete, and accurate.
4.4 Survival.
The representations and warranties in this Section survive expiration or termination of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants.
(a) Maintain the Premises in a clean, sanitary, and Bedbug-free condition.
(b) Refrain from bringing into the Premises any furniture, bedding, or personal property known or reasonably suspected to be Infested.
(c) Comply with all preparation, Treatment, and monitoring instructions provided by a Certified Pest Control Professional.
(d) Cooperate with Landlord to facilitate access to adjacent units if required for Building-wide Treatment.
5.2 Landlord Covenants.
(a) Comply with all applicable health, safety, and habitability requirements under Ala. Code § 35-9A-204.
(b) Engage only Certified Pest Control Professionals for inspection and Treatment.
(c) Maintain records of all Bedbug reports, inspections, and Treatments for a minimum of two (2) years and make such records available to Tenant upon written request.
6. DEFAULT & REMEDIES
6.1 Events of Default.
The following constitute default by Tenant under this Addendum:
(a) Failure to provide Initial Tenant Inspection Notice or Continuing Notice as required;
(b) Failure to comply with preparation or access requirements;
(c) Non-payment of costs allocated to Tenant under Section 3.6 within the stated timeframe.
6.2 Notice and Cure.
Landlord shall provide written notice of default. Tenant shall have five (5) days to cure non-monetary defaults and seven (7) days to cure monetary defaults.
6.3 Remedies.
If Tenant fails to cure within the applicable period, Landlord may:
(a) Perform Tenant’s obligations and charge the reasonable cost thereof as additional rent;
(b) Seek injunctive relief to gain access or enforce compliance;
(c) Declare a lease default under Ala. Code § 35-9A-421 and pursue termination or eviction; and
(d) Recover actual damages, reasonable attorney fees, and court costs.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any and all actual damages, losses, claims, and expenses (including reasonable attorney fees) arising out of (i) Tenant’s breach of this Addendum, or (ii) Infestation introduced or exacerbated by Tenant, Tenant’s occupants, or guests.
(b) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against actual damages arising out of Landlord’s willful failure to perform Treatment as required herein.
7.2 Limitation of Liability.
Notwithstanding any contrary term, neither party shall be liable to the other for consequential, incidental, punitive, or speculative damages. Each party’s liability is limited to actual, direct damages proven, except to the extent such limitation is prohibited by applicable law.
7.3 Insurance.
Landlord shall maintain property and liability insurance customarily carried by prudent Alabama residential lessors. Tenant is responsible for obtaining tenants’ insurance as described in Section 3.7.
7.4 Force Majeure.
Neither party shall be in default for failure to perform caused by events beyond its reasonable control, including acts of God, governmental orders, or shortages of qualified pest control personnel, provided that the affected party promptly notifies the other and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Addendum and any dispute hereunder shall be governed by and construed in accordance with the laws of the State of Alabama, including the Alabama Uniform Residential Landlord and Tenant Act, without regard to conflict-of-law principles.
8.2 Forum Selection.
Exclusive jurisdiction and venue for any legal proceeding relating to this Addendum shall lie in the [NAME OF COUNTY] County Housing Court or other court of competent jurisdiction within the State of Alabama.
8.3 Arbitration Excluded.
The parties expressly agree that arbitration is excluded; any dispute shall be resolved in the courts identified above.
8.4 Jury Trial.
Nothing herein constitutes a waiver of the parties’ constitutional right to a trial by jury.
8.5 Injunctive Relief.
Landlord and Tenant reserve the right to seek injunctive or equitable relief, including specific performance, solely as necessary to protect habitability or to enforce access for Treatment.
9. GENERAL PROVISIONS
9.1 Amendments and Waivers.
No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties. A waiver of any breach is not a waiver of any other or subsequent breach.
9.2 Assignment.
Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent. Any unauthorized assignment is void.
9.3 Successors and Assigns.
Subject to the preceding subsection, this Addendum binds and benefits the parties and their respective heirs, successors, permitted assigns, and legal representatives.
9.4 Severability.
If any provision of this Addendum is held unenforceable, the remaining provisions remain in full force, and the court shall modify the unenforceable provision to the minimum extent necessary to make it valid and enforceable.
9.5 Integration.
This Addendum, together with the Lease and any addenda or exhibits referenced herein, constitutes the entire agreement of the parties concerning Bedbugs and supersedes all prior or contemporaneous oral or written agreements on that subject.
9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically (e.g., via PDF or electronic signature platform) are deemed original and binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: _________
TENANT(S):
1. _____ Date: __
2. ____ Date: __
3. _____ Date: ___
(Add lines as needed)
[NOTARY ACKNOWLEDGMENT (if required under Lease or local practice)]
[// GUIDANCE: Verify local county housing-court naming conventions, adjust notice periods if Lease specifies longer durations, and confirm that the limitation of liability clause aligns with any overarching limitation in the primary Lease document.]