BEDBUG DISCLOSURE ADDENDUM
to Residential Lease Agreement – State of Georgia
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
I. DOCUMENT HEADER
Addendum Title: Bedbug Disclosure Addendum to Residential Lease Agreement
Parties:
• “Landlord”: [LANDLORD LEGAL NAME], a [ENTITY TYPE] organized under the laws of the State of Georgia
• “Tenant”: [TENANT LEGAL NAME(S)]
Property: The residential dwelling located at [STREET ADDRESS, CITY, GA ZIP] (“Premises”).
Parent Lease: Residential Lease Agreement dated [LEASE DATE] between Landlord and Tenant (“Lease”).
Effective Date of Addendum: [EFFECTIVE DATE] (“Effective Date”).
Recitals:
A. Landlord and Tenant desire to supplement the Lease to address bedbug disclosure, prevention, and treatment obligations in accordance with Georgia landlord–tenant law, including the habitability duties set forth in O.C.G.A. § 44-7-13.
B. The parties intend that this Addendum be incorporated into and made part of the Lease, and that any conflict between this Addendum and the Lease be resolved in favor of the more stringent habitability standard.
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 to them in the Lease.
- “Bed Bugs” – Cimex lectularius and Cimex hemipterus or any other insect commonly referred to as a bedbug, in any life stage (egg, nymph, or adult).
- “Infestation” – The presence of one or more live Bed Bugs, viable eggs, or nymphs, or any visible sign thereof, as confirmed by a Qualified Pest Control Professional.
- “Inspection Report” – A written statement issued by a Qualified Pest Control Professional describing inspection findings for the Premises.
- “Qualified Pest Control Professional” – A Georgia-licensed pest-control operator in good standing with the Georgia Department of Agriculture.
- “Treatment Plan” – A written, industry-accepted protocol for eliminating Bed Bugs, including preparatory steps, treatment methods, and follow-up inspections.
- “Introduction” – The bringing of Bed Bugs or Bed Bug–infested property onto the Premises by the Tenant, Tenant’s occupants, invitees, pets, furnishings, or personal effects.
- “Habitability Remedy” – Injunctive or equitable relief compelling performance of obligations necessary to maintain the Premises in a condition fit for human habitation.
III. OPERATIVE PROVISIONS
3.1 Incorporation. This Addendum is hereby incorporated into the Lease and is enforceable as though fully set forth therein.
3.2 Disclosure of Current Status.
a. Landlord represents that an Inspection of the Premises was performed on [INSPECTION DATE] by [PEST CONTROL COMPANY], and the Inspection Report indicated:
• [ ] No Infestation found, or
• [ ] Infestation found and fully treated pursuant to the Treatment Plan dated [PLAN DATE].
The Inspection Report is attached hereto as Exhibit A.
b. Landlord has no actual knowledge of any Infestation in the Premises or within any unit directly adjacent to the Premises during the past [12] months except as disclosed in Exhibit A.
3.3 Tenant Initial Inspection & Acknowledgment. Tenant acknowledges that:
(i) Tenant has inspected the Premises prior to occupancy; and
(ii) Tenant observed:
• [ ] No evidence of Bed Bugs.
• [ ] The following conditions: [DESCRIBE CONDITIONS OR “N/A”].
(iii) Tenant has not experienced or treated a Bed Bug Infestation in any residence within the past [12] months OR Tenant has disclosed past infestations in Exhibit B.
3.4 Ongoing Notification. Tenant shall immediately (and in any event within 24 hours) provide written notice to Landlord of any suspected Bed Bug activity. Failure to provide prompt notice constitutes a material breach of this Addendum.
3.5 Access for Inspection/Treatment. Upon 24-hour advance notice (or shorter period in an emergency), Tenant shall grant Landlord and its agents access to the Premises for inspection, treatment, or follow-up visits.
3.6 Preparation Obligations. Tenant shall comply with all preparatory requirements listed in any Treatment Plan, including laundering, vacuuming, encasing mattresses, and temporarily vacating the Premises if reasonably required.
3.7 Cost Allocation.
a. Landlord Responsibility. Landlord shall bear the cost of initial inspection and, absent Tenant Introduction, the reasonable cost of a professional Treatment Plan necessary to remediate an Infestation.
b. Tenant Responsibility. If an Infestation is reasonably attributable to Tenant Introduction, or if Tenant fails to comply with Sections 3.4–3.6, Tenant shall reimburse Landlord for:
(i) all inspection and treatment costs;
(ii) any additional costs incurred to treat adjacent units; and
(iii) reasonable attorneys’ fees associated with enforcement.
c. Joint causation shall result in a 50/50 cost allocation unless otherwise agreed in writing.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord Representations. Landlord represents and warrants that, as of the Effective Date:
a. Any previous Infestation has been remediated in accordance with industry standards; and
b. The Premises comply with the habitability requirements of O.C.G.A. § 44-7-13.
4.2 Tenant Representations. Tenant represents and warrants that:
a. Tenant has accurately completed Exhibits A and B (if applicable);
b. Tenant will not knowingly introduce Bed Bugs into the Premises; and
c. All personal property moved into the Premises has been inspected and is Bed Bug-free.
4.3 Survival. The representations and warranties in this Section IV survive termination or expiration of the Lease for a period of twelve (12) months.
V. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall:
a. Maintain the Premises in a clean, sanitary condition so as to prevent harboring of Bed Bugs;
b. Immediately report any suspected Infestation to Landlord;
c. Cooperate fully with any Inspection or Treatment Plan;
d. Refrain from using over-the-counter pesticide “bombs” or self-treatments that may interfere with professional eradication.
5.2 Landlord Covenants. Landlord shall:
a. Engage only Qualified Pest Control Professionals;
b. Provide Tenant with copies of all Inspection Reports and Treatment Plans;
c. Commence treatment within a commercially reasonable time after confirmed Infestation.
VI. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute Events of Default under this Addendum:
a. Tenant’s failure to provide timely notice under § 3.4;
b. Tenant’s refusal to grant access under § 3.5;
c. Tenant’s non-compliance with preparation obligations under § 3.6;
d. Failure of either party to fulfill cost obligations under § 3.7 within ten (10) days after written demand.
6.2 Notice & Cure. Except for emergencies posing immediate health risks, the non-defaulting party shall provide written notice specifying the default and allow a five (5) day cure period.
6.3 Remedies.
a. Landlord Remedies (Tenant Default). Landlord may:
i. Perform Tenant obligations and charge the cost as Additional Rent;
ii. Seek injunctive relief to enforce compliance;
iii. Terminate the Lease upon ten (10) days’ additional notice;
iv. Recover actual damages and reasonable attorneys’ fees.
b. Tenant Remedies (Landlord Default). Tenant may:
i. Seek Habitability Remedy compelling Landlord performance;
ii. Abate Rent proportionally during any period the Premises are uninhabitable due to Landlord’s failure to treat an Infestation not caused by Tenant;
iii. Recover actual damages and reasonable attorneys’ fees.
VII. RISK ALLOCATION
7.1 Indemnification.
a. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any loss, liability, or expense (including reasonable attorneys’ fees) arising from Tenant Introduction or Tenant’s breach of this Addendum.
b. Landlord shall indemnify, defend, and hold harmless Tenant for losses arising from Landlord’s breach of this Addendum or negligent failure to treat a confirmed Infestation not caused by Tenant.
7.2 Limitation of Liability. Liability of either party under this Addendum is limited to actual, direct damages; consequential, special, and punitive damages are expressly disclaimed.
7.3 Insurance. Tenant is encouraged to obtain renters’ insurance covering personal property damage due to pests.
7.4 Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control (excluding financial inability), provided the affected party promptly notifies the other.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Georgia, including applicable landlord-tenant statutes and common law.
8.2 Forum Selection. Exclusive venue for any action arising out of or relating to this Addendum shall be the [NAME OF COUNTY] State Court Housing Division, Georgia.
8.3 Arbitration Excluded. The parties expressly opt out of arbitration.
8.4 Jury Trial. Nothing herein constitutes a waiver of the constitutional right to a trial by jury where such right exists.
8.5 Injunctive Relief Preserved. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond, to the extent permitted by law.
IX. GENERAL PROVISIONS
9.1 Amendments. No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties.
9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent.
9.3 Successors & Assigns. This Addendum binds and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
9.4 Severability. If any provision of this Addendum is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
9.5 Integration. This Addendum, together with the Lease and any exhibits, constitutes the entire agreement concerning Bed Bugs and supersedes all prior or contemporaneous understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically (e.g., via PDF or e-signature platform) are binding.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Bedbug Disclosure Addendum as of the Effective Date.
| Landlord | Tenant |
|---|---|
| _________ | _________ |
| [LANDLORD NAME & TITLE] | [TENANT NAME] |
| Date: ______ | Date: ______ |
[Optional Notary Acknowledgment if required by local ordinance]
Exhibit A – Inspection Report
[ATTACH INSPECTION REPORT OR INSERT “N/A”]
Exhibit B – Tenant Prior Infestation Disclosure
[ ] Tenant affirms no prior Bed Bug Infestation within the past 12 months.
[ ] Tenant discloses prior Infestation as follows: _________
[// GUIDANCE: Attach the pest-control company’s Inspection Report to provide evidentiary support and comply with disclosure requirements.]
[// GUIDANCE: Adjust cost-allocation percentages if local ordinances impose different standards. GA law does not currently mandate a specific split, but allocating based on fault is a defensible practice.]
[// GUIDANCE: Confirm county-specific housing-court venue information before finalizing § 8.2.]