BEDBUG DISCLOSURE ADDENDUM
(to Residential Lease – State of Iowa)
[// GUIDANCE: This template is drafted for use as an addendum to an existing Iowa residential lease. Customize all bracketed items, delete inapplicable options, and confirm compliance with any municipal ordinances that may impose additional or more stringent bedbug requirements.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Addendum Title: Bedbug Disclosure Addendum (“Addendum”)
Date: [EFFECTIVE DATE]
Landlord: [LEGAL NAME OF LANDLORD]
Tenant(s): [LEGAL NAME(S) OF TENANT(S)]
Premises: [STREET ADDRESS, UNIT #, CITY, IA ZIP]
Original Lease: Residential Lease dated [LEASE DATE] (the “Lease”) between Landlord and Tenant covering the Premises.
Recitals
A. Landlord and Tenant desire to supplement the Lease to address bedbug disclosure, prevention, treatment, cost allocation, and related rights and obligations in conformity with Iowa landlord-tenant law and public-health guidance.
B. In consideration of the mutual covenants herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows.
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below. Any capitalized term not defined in this Addendum has the meaning given to it in the Lease.
“Addendum” – This Bedbug Disclosure Addendum to the Lease.
“Bedbug(s)” – The insect Cimex lectularius or other insects commonly referred to as bedbugs, at any stage of development (egg, nymph, adult).
“Control Measures” – All inspection, monitoring, treatment, remediation, cleaning, and preventative actions recommended by a qualified Pest Management Professional to eliminate or prevent Bedbug Infestation.
“Infestation” – The presence of Bedbugs in sufficient quantity to require Control Measures as determined by a Pest Management Professional.
“Inspection” – A systematic visual and/or canine examination of the Premises (and, if applicable, personal property) for evidence of Bedbugs.
“Pest Management Professional” (“PMP”) – A person or entity licensed or certified under applicable Iowa law to perform structural pest control services.
“Premises” – The dwelling unit and all areas, structures, fixtures, appliances, and appurtenances covered by the Lease.
3. OPERATIVE PROVISIONS
3.1 Incorporation. This Addendum is incorporated into and fully enforceable under the Lease. In the event of conflict, the stricter or more protective provision for habitability shall govern.
3.2 Landlord’s Initial Disclosure.
(a) To the best of Landlord’s knowledge as of the Effective Date (check one):
☐ (i) No Bedbug Infestation is present or has been present within the Premises or the building within the past [___] months.
☐ (ii) A prior Infestation occurred but was fully remediated on or about [DATE], and no Infestation has re-occurred to Landlord’s knowledge.
☐ (iii) An active Infestation exists (attach detailed remediation plan and projected completion date).
3.3 Tenant Pre-Occupancy Inspection. Tenant acknowledges that Tenant:
(a) has had the opportunity to inspect the Premises and any common areas for Bedbugs; and
(b) (check one): ☐ observed no evidence of Infestation OR ☐ observed the following: [DETAILS].
3.4 Ongoing Obligations.
(a) Landlord shall:
(i) maintain the Premises in habitable condition and, upon written notice of suspected Bedbugs, arrange for prompt Inspection by a PMP;
(ii) implement Control Measures recommended by the PMP within a commercially reasonable time; and
(iii) provide Tenant written notice of findings, treatment schedule, and entry at least 24 hours in advance, unless emergency access is legally permitted on shorter notice.
(b) Tenant shall:
(i) keep the Premises in a clean and sanitary condition so as not to harbor Bedbugs;
(ii) promptly (within 24 hours) notify Landlord in writing upon discovery or reasonable suspicion of Bedbugs;
(iii) cooperate fully with Inspection and Control Measures, including but not limited to: laundering or heat-treating fabrics, bagging belongings, granting timely access, and temporarily vacating if reasonably required; and
(iv) refrain from knowingly introducing Bedbug-infested personal property into the Premises.
3.5 Cost Allocation.
(a) Landlord shall bear all reasonable costs of Inspection and Control Measures unless the Infestation is determined by a PMP to have been introduced or exacerbated by Tenant, Tenant’s occupants, guests, pets, or personal property (collectively “Tenant-Related Causes”).
(b) If Tenant-Related Causes are identified, Tenant shall reimburse Landlord for actual, reasonable costs of Inspection and Control Measures within [10] days after written demand, together with documentation of such costs.
(c) Allocation of costs under this section does not limit either party’s right to pursue additional remedies for damages permitted under Section 6.
3.6 Entry for Inspection/Treatment. Landlord (and Landlord’s agents or PMP) may enter the Premises for Inspection or Control Measures on not less than 24 hours’ notice, or as otherwise permitted under the Lease or applicable law.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Warranties. Each party represents that it has full authority to enter into this Addendum and that doing so will not violate any other agreement.
4.2 Landlord’s Warranty. Except as disclosed in Section 3.2, Landlord has no actual knowledge of existing Bedbugs in the Premises as of the Effective Date.
4.3 Tenant’s Warranty. Tenant represents that all personal property moving into the Premises is free of Bedbugs to Tenant’s knowledge and that Tenant has not, within the past 12 months, resided in a dwelling with a Bedbug Infestation not fully remediated.
4.4 Survival. The warranties in this Article 4 survive expiration or termination of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall not:
(a) impede or delay Inspection or Control Measures;
(b) self-treat with over-the-counter pesticides contrary to PMP instructions;
(c) discard infested items in common areas without sealing or labeling to prevent cross-contamination.
5.2 Landlord Covenants. Landlord shall:
(a) use only PMPs that are duly licensed or certified;
(b) adopt commercially reasonable Practices to prevent cross-unit transmissions in multi-unit buildings, including but not limited to inspecting adjacent units when Infestation is confirmed.
5.3 Notice Obligations. All notices required under this Addendum must be delivered in the manner set out in the Lease and must specifically reference “Bedbug Notice” in the subject line or header.
6. DEFAULT & REMEDIES
6.1 Tenant Default. Any of the following constitutes a material default:
(a) failure to provide timely access or cooperation for Inspection or Control Measures;
(b) intentional misrepresentation regarding Tenant’s knowledge of Bedbugs;
(c) failure to reimburse Landlord for Tenant-allocated costs within the time required by Section 3.5.
6.2 Remedies for Tenant Default. Subject to any notice-and-cure periods in the Lease or Iowa law, Landlord may:
(a) perform all required actions at Tenant’s expense;
(b) recover actual damages, including but not limited to rerental losses, replacement of infested property, and reasonable attorney fees;
(c) terminate the Lease and seek possession of the Premises.
6.3 Landlord Default. If Landlord unreasonably fails to perform obligations under Section 3.4(a), such failure constitutes a material default, and Tenant may pursue habitability remedies, including termination under applicable law and recovery of actual damages.
7. RISK ALLOCATION
7.1 Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against all claims, losses, and expenses (including reasonable attorney fees) arising from the Indemnifying Party’s breach of this Addendum or negligence in relation to Bedbug Infestation.
7.2 Limitation of Liability. Except for claims arising from a party’s gross negligence or willful misconduct, liability under this Addendum is limited to actual, direct damages; consequential, incidental, punitive, or exemplary damages are expressly disclaimed.
7.3 Insurance. Landlord shall maintain property insurance covering Control Measures, and Tenant is encouraged to obtain renters’ insurance covering personal property loss associated with Bedbugs.
7.4 Force Majeure. Delay in performing obligations due to events beyond a party’s reasonable control (excluding financial incapacity) shall not constitute default, provided the party acts promptly to mitigate.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and the Lease are governed by the residential landlord-tenant laws of the State of Iowa, without regard to conflict-of-law rules.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the state housing court (or, if no specialized housing court exists, in the Iowa district court of the county where the Premises are located).
8.3 Arbitration Excluded. The parties expressly waive any requirement to arbitrate disputes arising under this Addendum.
8.4 Jury Trial. Each party reserves its constitutional right to trial by jury; no contractual waiver is intended herein.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or equitable relief to enforce habitability obligations or prevent the spread of Infestation.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver is effective unless in writing signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.
9.2 Assignment. Tenant may not assign the Lease or sublet the Premises without Landlord’s written consent, which may be conditioned on completion of Bedbug Inspection at Tenant’s expense.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is found unenforceable, the remainder will be construed to effectuate the parties’ intent, and the invalid provision will be reformed to the minimum extent necessary.
9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement concerning Bedbugs and supersedes all prior oral or written statements.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each deemed original, and signatures transmitted electronically (e.g., via PDF or DocuSign) are effective.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Bedbug Disclosure Addendum as of the Effective Date.
LANDLORD:
[LEGAL NAME]
By: _____
Name: ____
Title: ____
Date: ____
TENANT(S):
1. _____ Date: _
2. _____ Date: _
[Add additional signature lines as needed]
[NOTARY ACKNOWLEDGMENT (optional under Iowa law; insert if required by your practice or local ordinance)]
[// GUIDANCE:
• Review any county or municipal bedbug ordinance (e.g., Des Moines Municipal Code § 60-102) and incorporate any additional required notices.
• Attach PMP inspection reports or remediation schedules when disclosure option 3.2(a)(iii) is selected.
• Ensure notice procedures align with Lease section on Notices.
• Confirm cost-recovery language aligns with Iowa Code Chapter 562A and any fair-housing considerations.]