BEDBUG DISCLOSURE AND ALLOCATION OF RESPONSIBILITIES ADDENDUM
To Residential Lease Agreement for Premises Located at [PROPERTY ADDRESS], Idaho
(This “Addendum”) — Effective as of [EFFECTIVE DATE]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Disclosure Statement
3.2 Tenant Inspection & Initials
3.3 Ongoing Duties & Standards
3.4 Inspection, Treatment & Entry
3.5 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Parties
This Addendum is entered into by and between [LANDLORD LEGAL NAME], (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, the “Parties”).
Recitals
A. The Parties are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the premises known as [PROPERTY ADDRESS] (the “Premises”).
B. Applicable Idaho landlord-tenant law imposes duties on both Landlord and Tenant regarding pest control and maintenance of habitable premises.
C. The Parties desire to supplement the Lease with this Addendum to address disclosure, prevention, treatment, and cost allocation for any actual or suspected Cimex lectularius (bedbug) infestation.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below:
“Addendum” means this Bedbug Disclosure and Allocation of Responsibilities Addendum.
“Approved Vendor” means a licensed pest-control contractor selected by Landlord in compliance with all applicable laws.
“Bedbug” means any live bedbug (Cimex lectularius), its eggs, or viable nymphs.
“Cost of Remediation” means the commercially reasonable cost of inspection, treatment, re-treatment, replacement, disposal, and follow-up monitoring.
“Infestation” means the presence of one (1) or more live Bedbugs or viable eggs within the Premises, personal property therein, common areas, or any contiguous dwelling unit such that professional pest-control treatment is reasonably required.
“Initial Inspection” has the meaning set forth in Section 3.2.
“Lease” has the meaning provided in the recitals.
“Premises” means the residential dwelling unit identified in the Lease.
“Treatment” means any professional extermination, heat remediation, or other methodology recommended by an Approved Vendor for eradication of Bedbugs in accordance with manufacturer instructions, industry standards, and applicable law.
3. OPERATIVE PROVISIONS
3.1 Disclosure Statement
Landlord hereby discloses the following to Tenant:
a. Current Status. To Landlord’s actual knowledge, based on an inspection by an Approved Vendor on [DATE] (“Inspection Date”), the Premises [is / is not] presently affected by an Infestation.
b. Historical Infestation. During the twelve (12) months immediately preceding the Inspection Date, the Premises [has / has not] undergone Treatment for Bedbugs. If “has,” provide dates and description: [DETAILS].
c. Common Areas. To Landlord’s actual knowledge, common areas of the property [are / are not] presently affected by Bedbugs.
[// GUIDANCE: Revise the bracketed options; accuracy of disclosure is critical to avoid statutory penalties and common-law fraud claims.]
3.2 Tenant Inspection & Initials
Tenant acknowledges that Tenant was provided an opportunity to inspect the Premises for Bedbugs on [TENANT INSPECTION DATE] (“Initial Inspection”). Tenant’s initials below confirm the results:
| Tenant Initials | Statement |
|---|---|
| _____ | Tenant observed no evidence of Bedbugs during the Initial Inspection. |
| _____ | Tenant observed possible evidence of Bedbugs and has notified Landlord in writing on [DATE]. |
| _____ | Tenant waives further inspection and accepts the Premises “as-is” with respect to Bedbug presence. |
3.3 Ongoing Duties & Standards
a. Tenant Preventative Measures. Tenant shall:
i. Use commercially reasonable care to prevent introduction of Bedbugs, including inspection of second-hand furniture and luggage;
ii. Maintain the Premises in a clean, sanitary condition; and
iii. Promptly (within 24 hours) notify Landlord in writing of any suspected Infestation.
b. Landlord Duties. Landlord shall:
i. Maintain common areas free from Infestation;
ii. Respond in writing to any Tenant report of suspected Infestation within two (2) business days; and
iii. Arrange for inspection by an Approved Vendor within five (5) business days of such notice.
3.4 Inspection, Treatment & Entry
a. Access. Tenant shall grant Landlord and any Approved Vendor reasonable access to the Premises upon not less than twenty-four (24) hours’ notice (or as otherwise permitted by law) for purposes of inspection, Treatment, or monitoring.
b. Tenant Preparation. Tenant shall comply with all written preparation instructions supplied by the Approved Vendor, which may include laundering textiles, decluttering, or vacating the Premises during Treatment.
c. Follow-Up Inspections. Landlord may schedule follow-up inspections at commercially reasonable intervals not to exceed ninety (90) days post-Treatment.
3.5 Cost Allocation
a. Landlord Responsibility. Landlord shall bear the Cost of Remediation for any Infestation not caused by Tenant’s breach of this Addendum or gross negligence.
b. Tenant Responsibility. Tenant shall reimburse Landlord, as additional rent, for the Cost of Remediation where the Infestation is:
i. Demonstrably introduced by Tenant’s personal property, guests, or pets; or
ii. Exacerbated by Tenant’s failure to timely report or to comply with preparation instructions.
Payment shall be due within thirty (30) days after Landlord provides an itemized invoice. Failure to pay constitutes a material breach of the Lease.
[// GUIDANCE: Fee shifting complies with “responsibility_allocation” metadata while preserving fairness under Idaho habitability standards.]
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents and warrants that, to its actual knowledge as of the Effective Date and after reasonable inspection by an Approved Vendor, the Premises are free from Infestation except as disclosed in Section 3.1.
4.2 Tenant represents and warrants that all personal property to be brought onto the Premises on or after the Effective Date has been inspected and, to Tenant’s knowledge, is free from Bedbugs.
4.3 Survival. The foregoing representations and warranties survive the termination or expiration of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall not perform self-directed pesticide application or Treatment without Landlord’s prior written consent.
5.2 Tenant shall not impede Landlord’s inspection or Treatment efforts.
5.3 Landlord shall use only EPA-approved pesticides and shall provide any required occupant notices.
5.4 Neither Party shall make false or misleading statements regarding Bedbug presence to governmental authorities, prospective tenants, or third parties.
6. DEFAULT & REMEDIES
6.1 Events of Default include but are not limited to:
a. Tenant’s failure to reimburse Costs of Remediation when due;
b. Tenant’s refusal to grant access as required;
c. Landlord’s failure to initiate inspection or Treatment within the timeframe stated in Section 3.3(b).
6.2 Cure Period. The defaulting Party shall have five (5) business days after written notice to cure a monetary default and ten (10) business days to cure a non-monetary default, unless an earlier cure is reasonably necessary to prevent material damage or violation of habitability law.
6.3 Remedies. Upon uncured default, the non-defaulting Party may exercise any combination of the following, subject to Idaho law:
a. Specific performance or injunctive relief to enforce habitability;
b. Recovery of actual damages (but not consequential, special, or punitive damages);
c. Re-entry or termination of the Lease in accordance with applicable statutes; and
d. Reasonable attorney fees and costs.
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, liabilities, losses, and expenses, including reasonable attorney fees, to the extent arising out of the Indemnifying Party’s breach of this Addendum, negligence, or willful misconduct with respect to Bedbug matters.
7.2 Limitation of Liability. The aggregate liability of either Party for any claim arising under this Addendum shall be limited to actual, direct damages proved, and shall in no event include consequential, incidental, punitive, or exemplary damages.
7.3 Insurance. Landlord shall carry property insurance covering the Premises. Tenant is advised to maintain renter’s insurance covering personal property damage caused by Bedbugs.
7.4 Force Majeure. Neither Party shall be liable for delay in performance caused by events beyond reasonable control (excluding financial inability), provided that timely notice is given and performance resumes promptly after cessation of the event.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the landlord-tenant laws of the State of Idaho, without regard to conflict-of-law principles.
8.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the state court of competent jurisdiction sitting in [COUNTY] County, Idaho (“State Housing Court” for purposes hereof).
8.3 Arbitration Excluded. The Parties expressly opt-out of arbitration; any arbitration clause in the Lease shall not apply to Bedbug disputes.
8.4 Jury Trial. Nothing in this Addendum constitutes a waiver of either Party’s constitutional right to a jury trial.
8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek injunctive or equitable relief necessary to enforce habitability obligations or prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No modification of this Addendum is binding unless in writing and signed by both Parties. Waiver of any breach shall not be construed as waiver of future breaches.
9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent; any unauthorized assignment is void.
9.3 Successors & Assigns. Subject to Section 9.2, this Addendum binds and inures to the benefit of the Parties and their respective successors and permitted assigns.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to effectuate its intent.
9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement of the Parties concerning Bedbug matters and supersedes all prior agreements or understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is an original, and all of which constitute one instrument. Electronic signatures are deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT | |
|---|---|---|
| ____ | Date: ____ | ____ |
| Name: [PRINT] | Name: [PRINT] | |
| Title (if entity): [TITLE] |
[Optional Notary Acknowledgment Section — insert if required by state/municipal rule or if document will be recorded.]
[// GUIDANCE:
1. Confirm that disclosures in Section 3.1 are factually correct; misrepresentation may give rise to treble-damage liability under Idaho consumer-protection statutes.
2. Attach separate inspection reports or photographs as a numbered Disclosure Schedule, if applicable.
3. Where a multi-unit property is involved, consider expanding Section 3.4(c) to include inspections of adjacent units.
4. Practitioners should review local ordinances (e.g., Boise City Code 6-17-03) for any supplemental notice requirements or timelines.
5. This Addendum should be provided to Tenant contemporaneously with the Lease or at least before occupancy, keeping a signed copy in the tenant file for a minimum of four (4) years.]