BEDBUG DISCLOSURE AND TREATMENT ADDENDUM
(to be incorporated into and made part of the Residential Lease Agreement)
[// GUIDANCE: Attach this Addendum to the principal Lease and reference it in the integration/merger clause of the Lease.]
I. DOCUMENT HEADER
This Bedbug Disclosure and Treatment Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [ENTITY TYPE], with a mailing address of [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT NAME(S)], collectively and individually, with a mailing address of [TENANT ADDRESS] (“Tenant”).
This Addendum governs the Premises located at [UNIT/APT NO.], [STREET ADDRESS, CITY, AZ ZIP] (the “Premises”) and is incorporated by reference into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”). Capitalized terms used but not defined herein have the meanings given in the Lease.
The parties execute this Addendum in compliance with, and intend it to be interpreted consistent with, the Arizona Residential Landlord and Tenant Act, A.R.S. Title 33, Ch. 10, including the bedbug-specific requirements of A.R.S. § 33-1319.
TABLE OF CONTENTS
- Definitions
- Statutory Disclosures
- Landlord Representations & Warranties
- Tenant Representations & Warranties
- Inspection, Reporting & Access
- Treatment Obligations
- Cost Allocation
- Default & Remedies
- Risk Allocation & Indemnification
- Dispute Resolution
- General Provisions
- Execution Block
1. DEFINITIONS
For purposes of this Addendum, the following terms have the meanings set forth below:
“Bedbug” means Cimex lectularius or any hematophagous ectoparasite commonly referred to as a bedbug.
“Bedbug Educational Materials” means the written materials concerning bedbug biology, prevention and control furnished by Landlord pursuant to Section 2.
“Confirmed Infestation” means the verified presence of live bedbugs, viable bedbug eggs, or exuviae within the Premises, as determined by a Licensed Pest Professional.
“Containment Measures” means the temporary steps (e.g., encasements, heat treatment preparations, laundering) required to limit the spread of bedbugs prior to, and during, treatment.
“Licensed Pest Professional” means a pest management company or individual duly licensed in the State of Arizona to apply bedbug control measures.
“Treatment” or “Treat/Treated” means any method of eradication, control, or suppression of Bedbugs performed by a Licensed Pest Professional.
2. STATUTORY DISCLOSURES (A.R.S. § 33-1319)
2.1 Known Condition. Landlord represents that Landlord does ☐ / ☐ not have actual knowledge of a current Bedbug infestation in the Premises or building common areas.
2.2 Educational Materials. Contemporaneously with signing this Addendum, Landlord delivers the Bedbug Educational Materials attached hereto as Exhibit A, and Tenant acknowledges receipt by initialing here: Tenant Initials: __.
2.3 Prohibition on Self-Treatment. Tenant may not apply any Bedbug treatment products in or around the Premises except through a Licensed Pest Professional engaged by Landlord, unless otherwise authorized by applicable law and by prior written consent of Landlord.
[// GUIDANCE: Replace checkbox selections with actual text before execution.]
3. LANDLORD REPRESENTATIONS & WARRANTIES
3.1 Compliance. Landlord represents that, to Landlord’s actual knowledge as of the Effective Date, the Premises are free of a Confirmed Infestation and Landlord is not aware of any prior history of Bedbug activity in the Premises during the last [TIME PERIOD, e.g., 12] months.
3.2 Survival. The representations in this Section survive for [SURVIVAL PERIOD, e.g., 30] days following Tenant’s occupancy, after which they merge into Landlord’s continuing covenants in Section 6.
4. TENANT REPRESENTATIONS & WARRANTIES
4.1 Move-In Certification. Tenant certifies that:
a. Tenant has inspected personal belongings scheduled to be moved into the Premises and has found them to be free of Bedbugs; and
b. Tenant has not experienced Bedbug activity in the last [TIME PERIOD, e.g., 6] months in Tenant’s prior residence, OR has disclosed such activity in writing to Landlord.
4.2 Continuing Warranty. Tenant warrants that Tenant will not knowingly introduce Bedbugs into the Premises and will comply with all Containment Measures and preparation instructions provided by the Licensed Pest Professional.
5. INSPECTION, REPORTING & ACCESS
5.1 Tenant Duty to Report. Tenant shall promptly (within [X] hours) notify Landlord in writing upon any suspected Bedbug activity. Delay in reporting constitutes material non-compliance with the Lease.
5.2 Inspection Rights. Upon notice of suspected activity, Tenant authorizes Landlord and the Licensed Pest Professional to enter the Premises on at least [24] hours’ prior notice (or such shorter period as permitted by law) to inspect for Bedbugs. Entry shall comply with A.R.S. § 33-1343 and the Lease.
6. TREATMENT OBLIGATIONS
6.1 Landlord Duties. Upon a Confirmed Infestation, Landlord shall:
a. Engage a Licensed Pest Professional within [NUMBER] days;
b. Provide Tenant with written preparation instructions; and
c. Ensure follow-up inspections/treatments until the Premises are certified clear.
6.2 Tenant Duties. Tenant shall:
a. Comply with all preparation and Containment Measures;
b. Temporarily vacate areas as reasonably required;
c. Maintain confidentiality of adjacent units’ treatment (if applicable) to mitigate stigma.
6.3 Relocation. Landlord ☐ may / ☐ shall not provide temporary alternative housing. If provided, relocation shall be at [Landlord/Tenant] expense, subject to Section 7.
7. COST ALLOCATION
7.1 Landlord Responsibility. Landlord bears the cost of Treatment and associated inspections for a Confirmed Infestation unless the infestation is determined by the Licensed Pest Professional to be caused by Tenant’s breach of Section 4.
7.2 Tenant Responsibility. If Tenant’s breach is the proximate cause of infestation or if Tenant fails to comply with preparation requirements, Tenant shall reimburse Landlord for all reasonable, documented Treatment costs within [10] days of written demand.
7.3 Actual Damages Cap. Each party’s liability arising under this Addendum is capped at actual, direct damages only, excluding consequential, special, or punitive damages, except to the extent such limitation is prohibited by law.
8. DEFAULT & REMEDIES
8.1 Tenant Default. Tenant’s failure to: (i) report suspected activity timely, (ii) comply with Section 6.2, or (iii) reimburse costs under Section 7.2 constitutes a material default under the Lease, entitling Landlord to pursue all remedies available at law or in equity, including but not limited to notice of non-compliance and potential termination of tenancy after statutory cure periods.
8.2 Landlord Default. Should Landlord fail to comply with Section 6.1 within the stated timeframe, Tenant may exercise any rights available under the Arizona Residential Landlord and Tenant Act, including the pursuit of injunctive relief to compel habitability-related repairs.
8.3 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs.
9. RISK ALLOCATION & INDEMNIFICATION
9.1 Mutual Indemnity. Subject to Section 7.3, each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against any third-party claims, losses, or costs arising out of the Indemnifying Party’s breach of this Addendum or negligence relating to Bedbug matters.
9.2 Insurance. Landlord represents that its property insurance does ☐ / ☐ not cover Bedbug Treatment. Tenant is advised to obtain renter’s insurance; coverage for Bedbug-related losses may be limited.
9.3 Force Majeure. Neither party is liable for delay in performance to the extent caused by events beyond its reasonable control, excluding financial inability and staffing shortages.
10. DISPUTE RESOLUTION
10.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws of the State of Arizona, without regard to conflict-of-laws principles.
10.2 Forum Selection. The parties consent to exclusive jurisdiction in the [COUNTY] Justice Court – Housing Division (or other court of competent jurisdiction) in the State of Arizona.
10.3 Arbitration. Arbitration is expressly excluded. Each party retains the right to bring any action in the designated forum.
10.4 Jury Trial. The parties acknowledge the constitutional right to a jury trial and do not waive such right.
10.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or other equitable relief for actual or threatened breaches relating to habitability or access.
11. GENERAL PROVISIONS
11.1 Amendment. No amendment to this Addendum is effective unless in a writing signed by both parties.
11.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent.
11.3 Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding Bedbug matters. No oral statements or prior writings are binding.
11.4 Severability. If any provision is held unenforceable, it shall be reformed to the minimum extent necessary to render it enforceable, without impacting the remaining provisions.
11.5 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts and by electronic signature, each of which is deemed an original and all of which constitute one agreement.
12. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _____ | _____ |
| Name: [PRINT] | Name: [PRINT] |
| Title/Capacity: [IF APPLICABLE] | |
| Date: _______ | Date: _______ |
[Optional Notary Acknowledgment – attach if required by local recording or evidentiary practices.]
Exhibit A
Bedbug Educational Materials
(attach Landlord’s chosen educational pamphlet; minimally must cover recognition, prevention, reporting, and legal obligations of both parties)
[// GUIDANCE: Landlord may adopt the Arizona Department of Health Services fact sheet or an equivalent document prepared by a Licensed Pest Professional to satisfy A.R.S. § 33-1319(B).]