BEDBUG DISCLOSURE AND TREATMENT ADDENDUM

To Residential Lease Agreement – State of Florida

[// GUIDANCE: This template is drafted for use with residential leases governed by the Florida Residential Landlord and Tenant Act, Fla. Stat. §§ 83.40–83.683. Consult local ordinances for any additional requirements before finalizing.]

I. DOCUMENT HEADER

1. Parties.
This Bedbug Disclosure and Treatment Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) [LANDLORD LEGAL NAME], a [ENTITY TYPE & JURISDICTION] (“Landlord”); and
(b) [TENANT FULL LEGAL NAME(S)] (each, individually and collectively, “Tenant”).

2. Premises.
The Addendum relates to the dwelling located at [STREET ADDRESS, CITY, COUNTY, FLORIDA ZIP] (the “Premises”) and is incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).

3. Purpose & Consideration.
The parties desire to allocate rights, duties, and remedies concerning bedbug inspection, disclosure, treatment, cost allocation, and tenant cooperation, in accordance with Fla. Stat. § 83.51(2)(a) (2023) and other applicable law.

II. DEFINITIONS

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

“Affected Personal Property” – any personal property reasonably suspected to harbor Bedbugs, including mattresses, box springs, bedding, upholstered furniture, luggage, clothing, and similar items.

“Bedbug” – an insect of the species Cimex lectularius or Cimex hemipterus at any life stage.

“Bedbug Incident” – (i) the live presence or visual evidence of Bedbugs in the Premises or common areas; or (ii) any credible complaint or report of bites, allergic reaction, or other symptoms reasonably attributable to Bedbugs.

“Bedbug Treatment Plan” – a written protocol issued by a licensed pest-control professional covering inspection, preparation, treatment, and follow-up reinspection.

“Extermination” – the application of any lawful method or chemical by a licensed pest-control professional to eliminate or control Bedbugs in accordance with the Bedbug Treatment Plan.

“Infestation” – the presence of one or more live Bedbugs or viable Bedbug eggs detected within the Premises or any common areas, as confirmed by a licensed pest-control professional.

III. REPRESENTATIONS & WARRANTIES

3.1 Landlord Representations.
(a) To Landlord’s actual knowledge, no Bedbug Infestation exists in the Premises as of the Effective Date.
(b) Landlord has not received any written notice of a Bedbug Incident in the building within the [PAST 12] months that has not been fully remediated.

3.2 Tenant Representations.
(a) Tenant has inspected the Premises prior to occupancy and has/has not observed evidence of Bedbugs.
(b) Tenant represents that Tenant’s personal property is free of Bedbugs to the best of Tenant’s knowledge.

3.3 Survival.
All representations and warranties in this Section survive the expiration or earlier termination of the Lease for a period of twelve (12) months.

IV. COVENANTS & OBLIGATIONS

4.1 Landlord Obligations.
(a) Statutory Duty. Pursuant to Fla. Stat. § 83.51(2)(a), Landlord shall make reasonable provisions for Extermination of Bedbugs in any building other than a single-family home or duplex.
(b) Initial Inspection. If required by local ordinance or at Landlord’s discretion, Landlord shall cause an initial Bedbug inspection by a licensed pest-control professional prior to Tenant’s occupancy.
(c) Abatement & Notice. If temporary vacation of the Premises is required for Extermination, Landlord shall give Tenant at least seven (7) days’ written notice and shall abate rent for the period, not to exceed four (4) days, that Tenant must vacate.

4.2 Tenant Obligations.
(a) Prompt Notice. Tenant shall provide written notice to Landlord of any suspected Bedbug Incident within twenty-four (24) hours of discovery.
(b) Cooperation. Tenant shall fully comply with all preparation instructions contained in any Bedbug Treatment Plan, including laundering, cleaning, decluttering, and permitting entry for inspection and Extermination.
(c) Personal Property Handling. Tenant shall not move personal property suspected of harboring Bedbugs into common areas or another dwelling unit.
(d) Indemnity for Breach. Tenant shall indemnify, defend, and hold Landlord harmless from all actual damages directly arising from Tenant’s willful failure to comply with subsections (a)–(c).

4.3 Access for Treatment.
Tenant grants Landlord and Landlord’s agents the right of entry, with reasonable advance notice as required by Fla. Stat. § 83.53(2), for purposes of inspection, Extermination, and follow-up verification.

V. INSPECTION, NOTICE & TREATMENT PROTOCOL

5.1 Investigation.
Upon receipt of Tenant’s notice or Landlord’s discovery of a Bedbug Incident, Landlord shall engage a licensed pest-control professional to conduct a good-faith inspection within five (5) business days.

5.2 Written Treatment Plan.
Landlord shall provide Tenant with a copy of the Bedbug Treatment Plan, including any required preparation checklist and the scheduled date(s) for Extermination and reinspection.

5.3 Follow-Up.
Reinspection shall occur within fourteen (14) days following completion of treatment. If Bedbugs persist, additional treatment cycles shall be scheduled until eradication is confirmed.

VI. COST ALLOCATION & RENT ABATEMENT

6.1 Multi-Family Dwellings (Statutory Default).
For any dwelling other than a single-family home or duplex, Landlord shall bear the reasonable, customary, and necessary costs of Extermination and inspection, subject to Tenant’s indemnity under Section 4.2(d).

6.2 Single-Family Homes & Duplexes.
[OPTION A] Landlord shall bear all inspection and treatment costs.
[OPTION B] Tenant shall reimburse Landlord for costs of inspection and treatment not attributable to Landlord’s negligence.
[// GUIDANCE: Fla. Stat. § 83.51(2)(a) does not impose extermination responsibilities on landlords of single-family homes or duplexes; parties may allocate costs by agreement. Select or revise the appropriate option.]

6.3 Rent Abatement.
If Tenant must vacate the Premises for more than twenty-four (24) consecutive hours to permit Extermination, rent shall be abated on a prorated daily basis for the time Tenant is required to be absent.

6.4 Actual Damages Limitation.
Except for Tenant’s indemnity under Section 4.2(d) or Landlord’s gross negligence or willful misconduct, each party’s liability under this Addendum is limited to actual, direct damages proven by competent evidence.

VII. DEFAULT & REMEDIES

7.1 Events of Default.
(a) Tenant’s failure to provide timely notice, access, or cooperation.
(b) Landlord’s failure to initiate inspection or Extermination within the time periods stated herein.

7.2 Cure Period.
The defaulting party shall have three (3) business days after receipt of written notice to commence cure and diligently pursue completion.

7.3 Remedies.
(a) Specific Performance & Injunctive Relief. Either party may seek equitable relief to enforce compliance with treatment obligations.
(b) Habitability Remedy. If Landlord fails to cure a default under Section 7.1(b) within the cure period, Tenant may exercise remedies available under Fla. Stat. § 83.56(1).
(c) Recovery of Costs. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs.

VIII. RISK ALLOCATION

8.1 Indemnification.
Each party (the “Indemnifying Party”) shall indemnify, defend, and hold the other party harmless from and against all claims, losses, or costs (including reasonable attorneys’ fees) arising directly out of the Indemnifying Party’s breach of this Addendum or gross negligence in connection with Bedbug matters.

8.2 Insurance.
Landlord shall maintain property insurance covering Extermination costs to the extent commercially available and cost-effective. Tenant is encouraged to obtain renter’s insurance that includes coverage for Bedbug-related personal property loss.

8.3 Force Majeure.
Neither party is liable for delay or failure to perform hereunder due to events beyond its reasonable control, excluding financial inability.

IX. DISPUTE RESOLUTION

9.1 Governing Law.
This Addendum and any dispute arising hereunder are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-laws principles.

9.2 Forum Selection.
Each party irrevocably submits to the exclusive jurisdiction of the state court having landlord-tenant jurisdiction in the county where the Premises are located (the “Housing Court”).

9.3 Arbitration.
Arbitration is expressly excluded.

9.4 Jury Trial.
Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.

9.5 Preservation of Injunctive Relief.
Either party may seek temporary, preliminary, or permanent injunctive relief to enforce obligations relating to Bedbug inspection, treatment, or compliance with court orders.

X. GENERAL PROVISIONS

10.1 Amendment; Waiver.
No amendment or waiver is effective unless in a writing signed by both parties. Waiver of any breach is not a waiver of any other or subsequent breach.

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

10.3 Integration.
This Addendum, together with the Lease, constitutes the entire agreement between the parties on the subject matter and supersedes all prior negotiations or understandings.

10.4 Severability.
If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision is reformed to the minimum extent necessary to be enforceable.

10.5 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original, and may be signed electronically in compliance with Fla. Stat. § 668.001 et seq.

XI. EXECUTION BLOCK

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

[// GUIDANCE: Add witness and notary blocks only if required by county or lender guidelines. Florida law does not generally mandate notarization of residential leases under one year, but individual practices vary.]

Landlord’s Mailing Address for Notices:
[ADDRESS, CITY, STATE, ZIP]

Tenant’s Mailing/Email Address for Notices:
[ADDRESS OR EMAIL]

© [YEAR] [LAW FIRM / AUTHOR]. All rights reserved. This template is furnished for informational purposes and should be reviewed by counsel prior to use.