RESIDENTIAL LEASE ADDENDUM

BEDBUG DISCLOSURE & RESPONSIBILITY ALLOCATION

District of Columbia

[// GUIDANCE: This Addendum is intended for attachment to a District of Columbia residential lease (the “Lease”). Insert the Addendum immediately after the signature page of the Lease and reference it in the Lease’s list of exhibits/addenda.]

I. DOCUMENT HEADER

This Bedbug Disclosure & Responsibility Allocation Addendum (the “Addendum”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”), with reference to the following facts:

1. Landlord and Tenant are parties to that certain Residential Lease dated [LEASE DATE] (the “Lease”) covering the residential premises located at [PREMISES ADDRESS] (the “Premises”).
2. District of Columbia law (D.C. Code §§ 8-231.01 et seq., the “Bedbug Act”) imposes specific disclosure, inspection, treatment, and cost-allocation obligations on landlords and tenants with respect to Cimex lectularius (commonly known as “bedbugs”).
3. The parties desire to supplement the Lease as set forth herein in order to comply with the Bedbug Act and to allocate related rights, duties, liabilities, and remedies between them.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

TABLE OF CONTENTS

1. Definitions
2. Bedbug Disclosure
3. Landlord’s Representations & Warranties
4. Tenant’s Representations & Warranties
5. Covenants & Ongoing Obligations
6. Access, Inspection & Treatment Protocol
7. Cost Allocation
8. Default; Remedies
9. Risk Allocation
10. Dispute Resolution
11. General Provisions
12. Execution
13. Schedule A — D.C. Bedbug Information Sheet (mandatory delivery)

[// GUIDANCE: Revise section numbers automatically if additional clauses are inserted or deleted.]

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; other capitalized terms not defined herein have the meanings given in the Lease.

“Actual Damages” means the direct, out-of-pocket costs actually incurred and documented, exclusive of incidental, consequential, punitive, or special damages.

“Bedbug” or “Bedbugs” means any live or dead specimens, eggs, casings, or other evidence of the insect species Cimex lectularius or its common variants.

“Bedbug Information Sheet” means the tenant advisory required by D.C. Code § 8-231.04(a)(1), in the form attached hereto as Schedule A.

“Licensed Pest Control Professional” means an exterminator licensed by the District of Columbia Department of Energy & Environment (“DOEE”) and qualified to perform bedbug inspections and treatments.

“Qualified Inspection” means a visual and/or canine inspection of the Premises performed by a Licensed Pest Control Professional in accordance with industry standards and all DOEE regulations.

“Treatment Plan” means a written remediation plan prepared by a Licensed Pest Control Professional that (i) identifies areas requiring treatment, (ii) specifies treatment methodology, and (iii) sets forth Tenant preparation requirements.

III. OPERATIVE PROVISIONS

1. Bedbug Disclosure

1.1 Landlord discloses that, to the best of Landlord’s knowledge after reasonable inquiry, the Premises [ ☐ HAS / ☐ HAS NOT ] experienced a bedbug infestation within the twelve (12) months immediately preceding the Effective Date.

1.2 If the Premises has so experienced an infestation, Landlord further discloses:
(a) The date(s) of each prior notice or complaint: [DATE(S)];
(b) The date(s) of each inspection and treatment: [DATE(S)]; and
(c) Confirmation that all recommended follow-up treatments were completed: [YES/NO].

[// GUIDANCE: If infestation history exists, attach supporting documentation (invoices, inspection reports) as a schedule.]

IV. REPRESENTATIONS & WARRANTIES

2. Landlord’s Representations & Warranties

2.1 Habitability. Landlord represents that, as of the Effective Date, Landlord has no actual knowledge of a current bedbug infestation in the Premises or any contiguous dwelling unit and that any prior infestation has been fully treated and resolved.

2.2 Compliance. Landlord warrants that any inspection or treatment undertaken prior to Tenant’s occupancy has been performed by a Licensed Pest Control Professional in compliance with the Bedbug Act.

3. Tenant’s Representations & Warranties

3.1 Personal Property. Tenant represents that, to Tenant’s knowledge, all personal property, furnishings, and possessions to be brought into the Premises are free of bedbugs or signs of infestation.

3.2 Cooperation. Tenant warrants that Tenant will comply with all preparation, laundering, and post-treatment protocols reasonably requested by any Licensed Pest Control Professional.

V. COVENANTS & ONGOING OBLIGATIONS

4.1 Tenant Notice Obligation. Tenant shall provide written notice to Landlord within seven (7) calendar days after (a) observing any bedbug activity, or (b) receiving any complaint of bedbug activity from an occupant or guest.

4.2 Landlord Inspection Obligation. Within seven (7) calendar days after receiving Tenant’s notice, Landlord shall engage a Licensed Pest Control Professional to perform a Qualified Inspection.

4.3 Treatment Obligation. If infestation is confirmed, Landlord shall commence implementation of a Treatment Plan within fourteen (14) calendar days after receipt of the inspection report and shall diligently pursue follow-up treatments until the infestation is eliminated.

4.4 Tenant Preparation & Access. Tenant shall (a) provide Landlord and the Licensed Pest Control Professional with access to the Premises on not less than forty-eight (48) hours’ advance written notice, and (b) comply with all reasonable preparation instructions (e.g., laundering textiles, removing clutter) necessary for effective treatment.

VI. ACCESS, INSPECTION & TREATMENT PROTOCOL

5.1 Scheduling. Landlord shall use commercially reasonable efforts to schedule inspections and treatments at times reasonably convenient to Tenant.

5.2 Entry. Entry shall occur between 8:00 a.m. and 8:00 p.m., except in emergencies or as otherwise permitted by law.

5.3 Documentation. Landlord shall provide Tenant with copies of the inspection report and Treatment Plan within two (2) business days after receipt. Tenant shall retain such documents for the duration of the Lease term.

VII. COST ALLOCATION

6.1 Initial Infestation. Landlord shall bear (and shall not seek reimbursement from Tenant for) the reasonable cost of (i) the first Qualified Inspection in any twelve-month period, and (ii) the first two (2) treatments prescribed by the Treatment Plan, consistent with D.C. Code § 8-231.04(b)(3).

6.2 Subsequent Infestations and Tenant Negligence. If (i) a subsequent infestation within twelve (12) months of the initial treatment is reasonably attributable to Tenant’s failure to comply with Section 4.4 or to maintain sanitary conditions, or (ii) Tenant unreasonably denies access required under this Addendum, Tenant shall reimburse Landlord for Actual Damages incurred in connection with any additional inspection or treatment, payable within thirty (30) days after delivery of reasonably detailed invoices.

6.3 Security Deposit. Any reimbursable costs under Section 6.2 may, at Landlord’s election, be deducted from the security deposit in accordance with the Lease and applicable law.

VIII. DEFAULT; REMEDIES

7.1 Tenant Default. Tenant’s failure to (a) provide timely notice of suspected bedbugs, (b) grant required access, or (c) comply with preparation instructions constitutes a material default under the Lease, subject to a cure period of three (3) days after written notice.

7.2 Landlord Default. Landlord’s failure to schedule a Qualified Inspection or commence treatment within the time frames set forth herein constitutes a material default, subject to a cure period of five (5) days after written notice.

7.3 Remedies.
(a) Landlord Remedies. Upon Tenant default, Landlord may (i) assess Actual Damages, (ii) perform preparation tasks on Tenant’s behalf at Tenant’s expense, and/or (iii) pursue any other rights and remedies under the Lease and applicable law.
(b) Tenant Remedies. Upon Landlord default, Tenant may seek injunctive relief or any other remedy available at law or in equity, including diminution of rent to the minimum extent permitted under D.C. law.
(c) Attorneys’ Fees. The prevailing party in any action or proceeding arising under this Addendum shall be entitled to recover reasonable attorneys’ fees and costs.

IX. RISK ALLOCATION

8.1 Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against all third-party claims arising out of the Indemnifying Party’s breach of this Addendum or negligence in performing its obligations hereunder. Indemnification shall be limited to Actual Damages and shall survive termination or expiration of the Lease.

8.2 Limitation of Liability. EXCEPT FOR (i) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8.1, OR (ii) DAMAGES ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY’S LIABILITY UNDER THIS ADDENDUM IS CAPPED AT ACTUAL DAMAGES. CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, AND PUNITIVE DAMAGES ARE DISCLAIMED AND EXCLUDED.

8.3 Insurance. Each party shall maintain, at its sole cost, insurance customary for its risk profile (e.g., Landlord—property and liability; Tenant—renters’ insurance) and shall cause such policies not to exclude damages relating to bedbug infestation.

X. DISPUTE RESOLUTION

9.1 Governing Law. This Addendum, the Lease, and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict-of-law principles.

9.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the Landlord and Tenant Branch of the Superior Court of the District of Columbia (the “Housing Court”), subject to any statutory right of removal or transfer.

9.3 Arbitration Excluded. The parties expressly opt out of any arbitration provisions; none shall apply to disputes under this Addendum.

9.4 Jury Trial. Each party retains its constitutional right to a jury trial, and no clause herein shall be construed as a waiver thereof.

9.5 Injunctive Relief. Nothing herein shall limit either party’s right to seek injunctive or other equitable relief necessary to protect health, safety, or habitability.

XI. GENERAL PROVISIONS

10.1 Amendment; Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. No waiver shall constitute a continuing waiver unless expressly stated.

10.2 Assignment. Tenant may not assign, sublease, or otherwise transfer any interest in the Lease or Premises without Landlord’s prior written consent, except as otherwise permitted by law.

10.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.

10.4 Severability. If any provision of this Addendum is held invalid, the remainder shall remain enforceable, and the invalid provision shall be reformed to the minimum extent necessary to achieve its intent.

10.5 Integration. This Addendum, together with the Lease and any other addenda or schedules expressly incorporated herein, constitutes the entire understanding between the parties with respect to bedbug matters and supersedes all prior agreements or representations on such subject.

10.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Electronic signatures and transmission by PDF or other electronic means are deemed to constitute originals for all purposes.

XII. EXECUTION

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

[// GUIDANCE: If notarization or witness signatures are required by the underlying Lease or local practice, insert appropriate blocks below.]

XIII. SCHEDULE A – D.C. BEDBUG INFORMATION SHEET

[Attach the DOEE-approved “District of Columbia Bed Bug Information Sheet” as required by D.C. Code § 8-231.04(a)(1).]

[// GUIDANCE: The Bed Bug Information Sheet must be provided to Tenant no later than the commencement of the Lease term. Do not omit this schedule.]