RESIDENTIAL LEASE ADDENDUM

BEDBUG DISCLOSURE & TREATMENT PROTOCOL – STATE OF ARKANSAS

I. DOCUMENT HEADER

1. Addendum Identification. This Residential Lease Addendum – Bedbug Disclosure & Treatment Protocol (“Addendum”) is incorporated into and made part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant,” collectively with Landlord, the “Parties”) for the residential dwelling located at [PREMISES STREET ADDRESS, CITY, AR ZIP] (the “Premises”).
2. Effective Date. This Addendum shall be effective as of [EFFECTIVE DATE] (the “Effective Date”).
3. Jurisdiction & Governing Law. This Addendum shall be governed by, and construed in accordance with, the residential landlord-tenant laws of the State of Arkansas, including Ark. Code Ann. § 18-17-303 (2023) and related provisions (collectively, the “State Landlord–Tenant Law”).
4. Consideration. The mutual promises herein and in the Lease constitute good and sufficient consideration for this Addendum.

TABLE OF CONTENTS

1. Definitions ........................................................ § II
2. Operative Provisions ......................................... § III
3. Representations & Warranties ........................... § IV
4. Covenants & Restrictions ................................... § V
5. Default & Remedies ........................................... § VI
6. Risk Allocation .................................................... § VII
7. Dispute Resolution ............................................ § VIII
8. General Provisions ............................................. § IX
9. Execution Block ................................................ § X

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned in the Lease.

1. “Affected Unit” means the Premises or any other residential unit in the same building confirmed to contain a Bedbug Infestation.
2. “Bedbug” means Cimex lectularius or any other insect commonly referred to as a bedbug, in any life stage.
3. “Bedbug Infestation” means the presence of one or more live bedbugs, bedbug eggs, bedbug casings, or bedbug fecal matter as determined by a Qualified Inspector.
4. “Communal Area” means hallways, lobbies, laundry rooms, storage areas, and all other common spaces controlled by Landlord.
5. “Cost of Treatment” means all reasonable fees, costs, and expenses for inspection, extermination, monitoring, and remediation of a Bedbug Infestation, including reasonable relocation costs if required by a governmental authority.
6. “Qualified Inspector” means a pest-control professional duly licensed in the State of Arkansas with demonstrable experience in bedbug detection and treatment.
7. “Treatment Plan” means the written plan prepared by a Qualified Inspector describing the scope, method, and timing of extermination and follow-up inspections.

III. OPERATIVE PROVISIONS

A. Disclosure by Landlord
1. Known Infestations. Landlord hereby discloses that within the twelve (12) months immediately preceding the Effective Date:
a. [ ] No Bedbug Infestation has been confirmed in the Premises or the building.
b. [ ] A Bedbug Infestation was confirmed. Details: _________.
2. Past Treatment. If subsection (1)(b) is checked, Landlord represents that professional extermination was completed on or about [DATE] and follow-up inspections on [DATE(S)].

B. Pre-Occupancy Inspection
1. Tenant acknowledges that Tenant was provided an opportunity to visually inspect the Premises for bedbugs on [INSPECTION DATE] and:
a. [ ] Observed no evidence of Bedbug Infestation.
b. [ ] Observed potential evidence as follows: _____.

C. Ongoing Notification
1. Tenant shall promptly (and in any event within forty-eight (48) hours) notify Landlord in writing upon the earlier of (i) sighting of any live bedbug, (ii) discovery of any evidence of Bedbug Infestation, or (iii) receipt of oral or written notice from any third party alleging a Bedbug Infestation.

D. Treatment Process
1. Upon receipt of a credible report or confirmation of Bedbug Infestation, Landlord shall engage a Qualified Inspector within three (3) Business Days.
2. Landlord shall, in good faith, commence and diligently pursue a commercially reasonable Treatment Plan until the Affected Unit(s) are certified bedbug-free.
3. Tenant shall comply with all preparatory and follow-up instructions (e.g., laundering, decluttering, temporary vacating) issued by the Qualified Inspector.

E. Cost Allocation
1. Landlord Responsibility. Landlord shall bear the Cost of Treatment except as provided in subsection (2).
2. Tenant Responsibility. If the Qualified Inspector reasonably determines, based on documented evidence, that the Bedbug Infestation was caused by Tenant’s negligence, willful misconduct, or introduction of infested personal property, Tenant shall reimburse Landlord for the Cost of Treatment within thirty (30) days after Landlord’s written demand, together with supporting invoices.
3. Costs not reimbursed when due shall constitute Additional Rent collectible under the Lease.

IV. REPRESENTATIONS & WARRANTIES

1. Mutual Authority. Each Party represents that it has full power and authority to enter into this Addendum.
2. Accuracy of Disclosures. Landlord represents that all disclosures in § III(A) are true, complete, and correct to the best of Landlord’s knowledge as of the Effective Date.
3. Survival. The representations and warranties in this Addendum shall survive termination or expiration of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

1. Tenant Cooperation. Tenant covenants to:
   a. Grant reasonable access to the Premises for inspection, treatment, and follow-up visits upon at least twenty-four (24) hours’ notice, except in emergencies.
   b. Comply with the Treatment Plan, including laundering, disposal of infested items, and adherence to re-entry times.
2. Prohibited Actions. Tenant shall not:
   a. Attempt self-treatment with over-the-counter pesticides; or
   b. Interfere with, delay, or hinder any inspection or extermination efforts.
3. Landlord Standards. Landlord covenants that all Treatment Plans will be performed by a Qualified Inspector and will comply with applicable federal, state, and local laws and label directions of pesticides used.

VI. DEFAULT & REMEDIES

1. Events of Default. It shall be a default if:
   a. Tenant fails to provide access or cooperate with the Treatment Plan (§ V(1));
   b. Tenant fails to reimburse Landlord pursuant to § III(E)(2); or
   c. Either Party materially breaches any covenant herein.
2. Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have five (5) Business Days to cure, unless immediate action is required for health or safety.
3. Remedies. In addition to any remedies under the Lease or at law, the non-defaulting Party may seek:
   a. Actual damages;
   b. Injunctive or specific performance for habitability (Ark. Code Ann. § 18-17-401 et seq.); and
   c. Reasonable attorney fees and costs, if awarded by court.

VII. RISK ALLOCATION

1. Indemnification.
   a. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, losses, and costs arising out of Tenant-caused Bedbug Infestations.
   b. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and costs arising out of Landlord’s breach of this Addendum or negligent failure to treat.
2. Limitation of Liability. Except for gross negligence, willful misconduct, or statutory habitability obligations, each Party’s liability under this Addendum is limited to actual, direct damages. Consequential, special, or punitive damages are excluded.
3. Insurance. Tenant is advised to obtain renter’s insurance covering personal property loss due to bedbugs. Landlord shall maintain property insurance customary for similar residential properties in Arkansas.

VIII. DISPUTE RESOLUTION

1. Governing Law. Arkansas State Landlord–Tenant Law shall govern.
2. Forum Selection. Exclusive jurisdiction and venue shall lie in the [COUNTY] District Court, Housing Division (“State Housing Court”) where the Premises are located.
3. Arbitration. The Parties expressly decline to submit disputes under this Addendum to arbitration.
4. Jury Trial Preservation. Nothing herein shall be construed as a waiver of any constitutional right to trial by jury.
5. Injunctive Relief. Either Party may seek injunctive relief to enforce habitability rights and obligations acknowledged herein.

IX. GENERAL PROVISIONS

1. Amendments & Waivers. No amendment or waiver is effective unless in a writing signed by both Parties.
2. Assignment. Tenant may not assign this Addendum or the Lease without Landlord’s prior written consent.
3. Successors & Assigns. This Addendum binds and benefits the Parties and their respective successors and permitted assigns.
4. Severability. If any provision is held invalid, the remaining provisions shall remain in full force and effect.
5. Integration. This Addendum, together with the Lease, constitutes the entire agreement concerning bedbug disclosure and treatment, superseding all prior discussions.
6. Counterparts & Electronic Signatures. This Addendum may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment—Add if required by local practice]

[// GUIDANCE:
1. Review disclosures in § III(A) carefully; inaccurate statements carry statutory penalties and potential treble damages.
2. Customize cure periods in § VI(2) if a local ordinance mandates different timelines.
3. Insert county name in forum-selection clause § VIII(2).
4. Attach the Qualified Inspector’s Treatment Plan as Exhibit A when available.
5. Confirm compliance with any local (city or county) health-department regulations on bedbug reporting.
]