BEDBUG DISCLOSURE AND RESPONSIBILITY ADDENDUM
to Colorado Residential Lease Agreement
[This Addendum (“Addendum”) is incorporated into and made part of that certain Residential Lease Agreement (the “Lease”) dated [LEASE DATE] by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant”) for the residential dwelling located at [PROPERTY ADDRESS] (the “Premises”).]
Effective Date: [EFFECTIVE DATE]
Governing Law: State of Colorado landlord–tenant law
Forum Selection: Exclusive jurisdiction and venue in the [COUNTY] County Housing Court, State of Colorado
Arbitration: Excluded
Jury Waiver: None (preserves constitutional right)
TABLE OF CONTENTS
- Definitions
- Statutory & Prior-Infestation Disclosure
- Tenant Initial Certification
- Inspection & Treatment Protocol
- Tenant Access & Cooperation
- Allocation of Costs
- Personal Property Handling & Temporary Relocation
- Representations & Warranties
- Covenants & Restrictions
- Defaults
- Remedies
- Indemnification
- Limitation of Liability
- Governing Law; Forum; Injunctive Relief
- General Provisions
- Execution
1. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below or as otherwise defined in the Lease.
“Bedbug” means an insect of the genus Cimex, in any life stage, capable of living on or near sleeping or resting human beings and feeding on human blood.
“Bedbug Infestation” or “Infestation” means the presence of one (1) or more live Bedbugs, Bedbug eggs, or Bedbug casings within the Premises.
“Inspection” means a visual and, if commercially reasonable, canine or similar professional examination for Bedbugs conducted by a pest management professional duly licensed in Colorado.
“Treatment” means any chemical, thermal, mechanical, or other industry-accepted method performed by a qualified pest management professional to eliminate Bedbugs.
“Actual Damages” means proven out-of-pocket costs reasonably incurred and directly arising from a breach of this Addendum, excluding consequential, incidental, punitive, or exemplary damages.
2. STATUTORY & PRIOR-INFESTATION DISCLOSURE
2.1 Landlord hereby discloses that, to the best of Landlord’s knowledge and after reasonable inquiry as of the Effective Date:
(a) Previous Bedbug Infestation at the Premises: [YES / NO].
(b) Date of last Inspection, if any: [DATE / N/A].
(c) Date of last Treatment, if any: [DATE / N/A].
[// GUIDANCE: If “YES,” attach the licensed pest controller’s clearance documentation confirming the Premises were treated and reinspected in compliance with C.R.S. § 38-12-1004.]
2.2 Landlord has provided Tenant with the Colorado statutory Bedbug information sheet required by C.R.S. § 38-12-1002(1). Tenant acknowledges receipt by initialing here: Tenant Initials __.
3. TENANT INITIAL CERTIFICATION
Tenant certifies to Landlord that, as of the Effective Date:
(a) All personal property to be moved into the Premises is free of Bedbugs to Tenant’s best knowledge;
(b) Tenant has not within the past twelve (12) months experienced a Bedbug Infestation in any dwelling unit occupied by Tenant except as disclosed here: [DISCLOSURE OR “NONE”];
(c) Tenant agrees to immediately report any suspected Bedbug activity in the Premises in writing to Landlord pursuant to Section 5.
4. INSPECTION & TREATMENT PROTOCOL
4.1 Notice of Suspected Infestation. Upon receipt of written notice from either Party of suspected Bedbugs, Landlord shall engage a qualified pest management professional to perform an Inspection of the Premises and, if applicable, all contiguous dwelling units within ninety-six (96) hours as mandated by C.R.S. § 38-12-1004(1)(a).
4.2 Treatment Commencement. If Infestation is confirmed, Landlord shall commence Treatment within five (5) business days of Inspection results, or as soon thereafter as reasonably practicable subject to the professional’s scheduling requirements and product label restrictions.
4.3 Re-Inspection & Clearance. Landlord shall ensure follow-up Inspection(s) until the Premises are certified Bedbug-free. Written clearance shall be provided to Tenant promptly.
5. TENANT ACCESS & COOPERATION
5.1 Entry. Tenant shall grant Landlord and the pest management professional reasonable access to the Premises for Inspection, Treatment, and re-Inspection upon not less than twenty-four (24) hours’ prior notice, or shorter if necessary to comply with C.R.S. § 38-12-1004.
5.2 Preparation. Tenant shall perform all preparatory tasks (e.g., laundering textiles, decluttering, vacuuming, bagging belongings) as set forth in the professional’s written instructions.
5.3 Failure to Cooperate. Tenant’s failure to provide access or comply with preparatory requirements constitutes a material lease default pursuant to Section 10.
6. ALLOCATION OF COSTS
6.1 Landlord Responsibility. Except as provided in Section 6.2, Landlord shall bear all reasonable costs of Inspection and Treatment in accordance with C.R.S. § 38-12-1004(5).
6.2 Tenant Responsibility. If a licensed pest management professional determines, in a written report delivered to both Parties, that Tenant’s willful or negligent act or omission caused the Infestation, Tenant shall reimburse Landlord for Inspection and Treatment expenses within thirty (30) days of written demand, together with supporting invoices.
6.3 Rent Abatement. Tenant’s obligation to pay rent shall continue during any Inspection, Treatment, or temporary relocation period except as otherwise required by applicable habitability law or ordered by a court of competent jurisdiction.
7. PERSONAL PROPERTY HANDLING & TEMPORARY RELOCATION
7.1 Disposal. Tenant shall properly bag, seal, and dispose of any infested personal property that cannot be treated, in compliance with local waste-management regulations.
7.2 Relocation. If the pest management professional recommends temporary relocation, Landlord shall, at Landlord’s cost and choice, either:
(a) Provide comparable alternative housing; or
(b) Credit Tenant for reasonable hotel expenses, not to exceed [DOLLAR AMOUNT] per night, during the Treatment period.
[// GUIDANCE: Insert dollar cap consistent with local market rates.]
7.3 No Re-Entry with Infested Items. Tenant shall not return any personal property to the Premises until certified Bedbug-free by the pest management professional.
8. REPRESENTATIONS & WARRANTIES
8.1 Landlord represents that, as of the Effective Date and to its current actual knowledge, the Premises are free of Bedbug Infestation.
8.2 Tenant represents that all information provided in Section 3 is true, complete, and accurate, and that Tenant has not withheld any material fact regarding prior Bedbug exposure.
8.3 Survival. The representations and warranties in this Addendum survive the expiration or earlier termination of the Lease for a period of twelve (12) months.
9. COVENANTS & RESTRICTIONS
9.1 Tenant shall not attempt self-Treatment using over-the-counter pesticides or unapproved methods.
9.2 Tenant shall not introduce used mattresses, furniture, or textiles into the Premises unless inspected and certified Bedbug-free.
9.3 Landlord shall not rent the Premises to a new tenant or place the Premises back on the rental market until the Premises have been certified Bedbug-free in accordance with C.R.S. § 38-12-1004(4).
10. DEFAULTS
The following constitute Events of Default:
(a) Tenant’s failure to provide required access or cooperate with Treatment protocols;
(b) Tenant’s re-introduction of Bedbugs after clearance;
(c) Landlord’s failure to timely inspect or treat as required;
(d) Any material breach of Sections 2–9.
11. REMEDIES
11.1 Upon Tenant Default, Landlord may pursue any remedy available under the Lease or applicable law, including: (i) recovery of Actual Damages; (ii) injunctive relief compelling cooperation; and (iii) termination of tenancy upon [X] days’ notice if default remains uncured.
11.2 Upon Landlord Default, Tenant may: (i) seek injunctive relief to compel Inspection/Treatment; (ii) recover Actual Damages; and (iii) exercise any rights under C.R.S. § 38-12-1006.
11.3 Attorney Fees. The prevailing party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and costs.
12. INDEMNIFICATION
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against all claims, actions, losses, and Actual Damages arising out of or relating to the Indemnifying Party’s breach of this Addendum or negligent acts or omissions regarding Bedbug control. This Section survives termination of the Lease.
13. LIMITATION OF LIABILITY
Except for obligations expressly assumed under Section 12, neither Party shall be liable to the other for consequential, incidental, punitive, or exemplary damages; liability is limited to Actual Damages.
14. GOVERNING LAW; FORUM; INJUNCTIVE RELIEF
14.1 This Addendum and the Lease are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.
14.2 Exclusive jurisdiction and venue rest with the [COUNTY] County Housing Court, State of Colorado.
14.3 Nothing herein limits either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability or other statutory obligations.
15. GENERAL PROVISIONS
15.1 Integration. This Addendum, together with the Lease, constitutes the entire agreement between the Parties regarding Bedbugs and supersedes all prior discussions.
15.2 Amendment. No modification is effective unless in a writing signed by both Parties.
15.3 Severability. Any unenforceable provision is severed and the remainder continues in effect.
15.4 Notices. All notices required under this Addendum must be in writing and delivered pursuant to the Lease notice provisions.
15.5 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts and by electronic signature, each of which is deemed an original.
16. EXECUTION
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
Landlord:
[LANDLORD LEGAL NAME]
By: _____ Title: ___
Date: ________
Tenant(s):
1. _____ Date: _
2. _____ Date: _
3. _____ Date: _
[NOTARY BLOCKS IF REQUIRED UNDER LOCAL PRACTICE]
[// GUIDANCE:
1. Attach a copy of the Colorado Bedbug Information Sheet as an exhibit.
2. Coordinate this Addendum with move-in inspection checklists and existing pest control contracts.
3. Verify compliance with any local (municipal or county) Bedbug ordinances that may impose stricter standards.
4. Update monetary placeholders before execution.
]