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RESIDENTIAL LEASE ADDENDUM – BEDBUG DISCLOSURE

California Civil Code §§ 1954.600 et seq.

[// GUIDANCE: Attach this Addendum to the prime Residential Lease. It becomes part of the Lease and should be executed simultaneously. Provide a fully-executed copy to all Tenants and retain one for compliance records.]


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A – Statutory Bedbug Notice (Cal. Civ. Code § 1954.603(b))


I. DOCUMENT HEADER

  1. Addendum Title. Residential Lease Addendum – Bedbug Disclosure and Allocation of Responsibilities (“Addendum”).
  2. Parties.
    a. “Landlord”: [LANDLORD LEGAL NAME], a [ENTITY TYPE] having its principal place of business at [ADDRESS].
    b. “Tenant”: [TENANT NAME(S)] residing at the Dwelling Unit identified below.
  3. Dwelling Unit. [STREET ADDRESS, CITY, CA ZIP] (the “Premises”).
  4. Prime Lease. Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
  5. Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”).
  6. Jurisdiction. State of California landlord-tenant law governs.

II. DEFINITIONS

(All terms are listed alphabetically; capitalized terms used but not defined herein have the meanings given in the Lease.)

“Bed Bug” means Cimex lectularius or Cimex hemipterus, or any life stage thereof.

“Covered Premises” means the Premises, the building in which the Premises is located, and all common areas.

“Infestation” means the presence of one or more live Bed Bugs, Bed Bug eggs, cast skins, or other evidence indicating Bed Bugs.

“Inspection” means a visual and/or canine examination of the Covered Premises conducted by a Qualified Pest Control Operator for the purpose of detecting Bed Bugs.

“Qualified Pest Control Operator” means a pest control company or individual licensed by the State of California and experienced in Bed Bug Inspection and Treatment.

“Treatment” means any method approved by a Qualified Pest Control Operator for eradication of Bed Bugs, including chemical, heat, steam, freezing, or other lawful methods.


III. OPERATIVE PROVISIONS

3.1 Statutory Disclosure & Acknowledgment.
a. Landlord has provided, or concurrently provides, Tenant with the written notice regarding Bed Bugs required by Cal. Civ. Code § 1954.603(b) in at least 10-point font, attached hereto as Exhibit A (“Statutory Notice”).
b. Tenant acknowledges receipt of the Statutory Notice by initialing here: __.

3.2 Landlord Representations. As of the Effective Date, Landlord has no actual knowledge of any current Infestation in the Premises or common areas except as disclosed here: [DISCLOSURE OR “NONE”].

3.3 Landlord Obligations.
a. Inspection. Landlord shall cause the Covered Premises to be Inspected by a Qualified Pest Control Operator (i) prior to reletting if Landlord has actual knowledge of Infestation, and (ii) within a commercially reasonable time after receiving a Bed Bug complaint or notice.
b. Treatment. Landlord shall arrange for and timely complete any required Treatment, subject to Tenant’s cooperation under § 3.4.
c. Disclosure of Findings. Landlord shall, within two (2) business days after receipt, provide Tenant a copy of any Inspection or Treatment report pertaining to the Premises, as required by Cal. Civ. Code § 1954.604.

3.4 Tenant Obligations.
a. Prompt Notice. Tenant shall provide written notice to Landlord within twenty-four (24) hours of (i) visual evidence of Bed Bugs; (ii) bites or welts consistent with Bed Bug activity; or (iii) any other reasonable grounds to suspect Infestation.
b. Cooperation. Tenant shall fully cooperate with Inspection and Treatment, including:
1. Granting access to the Premises on at least twenty-four (24) hours’ notice;
2. Complying with all preparation instructions (e.g., laundering, bagging personal effects, vacating as required); and
3. Not treating or attempting to treat the Premises independently without Landlord’s prior written consent.
c. Prevention. Tenant shall use commercially reasonable efforts to prevent Bed Bugs, including regular cleaning, inspecting second-hand items, and avoiding introduction of known infested property.

3.5 Cost Allocation.
a. Ordinary Course. Except as provided in § 3.5(b), Landlord bears the reasonable costs of Inspection and Treatment necessary to maintain the Premises in a habitable condition.
b. Tenant-Caused Infestation. If a Qualified Pest Control Operator reasonably determines that Infestation resulted from Tenant’s willful misconduct, extreme negligence, or material breach of § 3.4, Tenant shall reimburse Landlord for all reasonable, documented costs of Inspection, Treatment, and any necessary repairs within thirty (30) days after written demand.

3.6 Entry for Inspection/Treatment. Entry shall be in accordance with Cal. Civ. Code § 1954 and the Lease.

3.7 Temporary Relocation. If Treatment requires Tenant to vacate the Premises for more than twenty-four (24) hours, Landlord will provide reasonable advance notice and, unless otherwise required by applicable law, Tenant shall bear temporary housing costs; provided, however, nothing herein limits Tenant’s rights under Cal. Civ. Code § 1942 or other habitability remedies.


IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents that any Inspection and Treatment will be performed by a Qualified Pest Control Operator in compliance with all applicable laws.

4.2 Tenant represents that all personal property brought into the Premises after the Effective Date is, to Tenant’s actual knowledge, free of Bed Bugs.

4.3 Survival. The representations and warranties in this Addendum survive the termination or expiration of the Lease for one (1) year.


V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants. Each party shall comply with the obligations in § 3.

5.2 Negative Covenants. Tenant shall not:
a. Knowingly introduce Bed Bugs into the Premises;
b. Dispose of Bed Bug–infested items in common areas except in sealed containers clearly labeled “BED BUG–INFESTED”; or
c. Cause or permit obstruction of Landlord’s Inspection or Treatment efforts.

5.3 Notice & Cure. A party alleging breach under this Addendum must provide written notice and a seven (7) day cure period before pursuing remedies, except where emergency Treatment is required.


VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to comply with §§ 3.4 or 5 by Tenant.
b. Failure to comply with § 3.3 by Landlord.

6.2 Landlord Remedies. Upon Tenant default, Landlord may (i) perform Tenant obligations at Tenant’s expense; (ii) recover actual damages; and (iii) pursue any lawful remedies under the Lease and California law.

6.3 Tenant Remedies. Upon Landlord default, Tenant may (i) demand specific performance; (ii) pursue habitability remedies under Cal. Civ. Code § 1941.1 et seq.; and (iii) seek injunctive relief for conditions affecting health and safety.

6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs.


VII. RISK ALLOCATION

7.1 Indemnification.
a. Landlord Indemnity. Landlord shall indemnify Tenant against actual damages arising from Landlord’s breach of § 3.3 or Landlord’s gross negligence or willful misconduct.
b. Tenant Indemnity. Tenant shall indemnify Landlord against actual damages arising from Tenant’s breach of §§ 3.4 or 5, gross negligence, or willful misconduct.

7.2 Limitation of Liability. Except for (i) indemnity obligations, (ii) personal injury or property damage caused by a party’s gross negligence or willful misconduct, liability under this Addendum is limited to actual, direct damages; consequential, punitive, and speculative damages are waived to the fullest extent permitted by law.

7.3 Insurance. [OPTIONAL – Insert renter’s insurance requirements or delete if inapplicable.]

7.4 Force Majeure. Neither party is liable for delay or failure in performance to the extent caused by events beyond reasonable control, excluding financial inability.


VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the laws of the State of California without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive venue lies in the California state housing court having jurisdiction over the Premises.

8.3 Arbitration. The parties expressly exclude arbitration.

8.4 Jury Trial. The constitutional right to a jury trial is preserved; no waiver is intended.

8.5 Injunctive Relief. Either party may seek injunctive or declaratory relief to enforce habitability, health, or safety obligations.


IX. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by the party against whom enforcement is sought.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted by law.

9.3 Successors & Assigns. This Addendum binds and benefits the parties and their lawful successors and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remainder will be enforced to the greatest extent permissible and reformed to reflect the parties’ intent.

9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement on the subject of Bed Bugs, superseding all prior or contemporaneous understandings.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts (including via electronic signature), each of which is deemed an original and all of which constitute one instrument.


X. EXECUTION BLOCK

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

LANDLORD: TENANT(S):

__________
[LANDLORD LEGAL NAME]
By: [NAME & TITLE]

__________
[TENANT NAME]
Date: ____ Date: ____

__________
[ADDITIONAL TENANT NAME, if any]
Date: ____

[Notary acknowledgment if required by local practice.]


EXHIBIT A

STATUTORY BEDBUG NOTICE
(Cal. Civ. Code § 1954.603(b))

[// GUIDANCE: Insert the exact statutory language in at least 10-point type. Do not modify substantive content. If translated versions are required under Civil Code § 1632, attach certified translations.]


[END OF ADDENDUM]

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