BEDBUG DISCLOSURE AND TREATMENT ADDENDUM

to that certain Residential Lease Agreement

(Illinois – 410 ILCS 95/ “Bed Bugs”)

[// GUIDANCE: This Addendum is intended for use with residential leases in the State of Illinois and is drafted to comply with the Illinois Bed Bug statute, 410 ILCS 95/1 et seq., together with general Illinois landlord–tenant law (765 ILCS 710/ et seq.) and any applicable municipal ordinances (e.g., City of Chicago Municipal Code § 7-28-010 et seq.). Always confirm whether local ordinances impose stricter duties and revise Section III accordingly.]

I. DOCUMENT HEADER

Addendum Title: Bedbug Disclosure and Treatment Addendum (the “Addendum”)
Parties:

• “Landlord” – [LANDLORD LEGAL NAME], a [STATE OF ORGANIZATION] [ENTITY TYPE]
• “Tenant” – [TENANT LEGAL NAME(S)]

Underlying Lease: [TITLE OF LEASE] dated [ORIGINAL LEASE DATE] (the “Lease”)
Premises: [UNIT/PROPERTY ADDRESS], together with all common areas (collectively, the “Premises”)
Effective Date: [EFFECTIVE DATE] (the “Effective Date”) – if blank, then the Lease Commencement Date.
Governing Law: State of Illinois
Forum Selection: Exclusive jurisdiction in the state housing/circuit court having venue over the Premises.
Arbitration: Expressly excluded.
Jury Trial: Each Party retains its constitutional right to a jury trial.
Purpose: This Addendum allocates responsibilities and remedies concerning bedbug (Cimex lectularius) prevention, detection, disclosure, and treatment.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; other capitalized terms have the meanings assigned in the Lease.

“Bed Bug” means any live or dead bedbug, bedbug egg, bedbug molt, or visible bedbug fecal matter.
“Building” means the structure(s) within which the Unit is located, including common areas.
“Inspection” means a visual and/or canine-assisted examination for Bed Bugs conducted by a Licensed Pest Control Professional.
“Licensed Pest Control Professional” means a person or entity licensed by the State of Illinois under 225 ILCS 235/ (“Structural Pest Control Act”) to perform bedbug services.
“Notice” means written notice delivered in accordance with the Lease, and may include electronic delivery if permitted therein.
“Treatment” means any method approved by the U.S. EPA and authorized under Illinois law to eradicate Bed Bugs.
“Unit” means the individual dwelling unit leased to Tenant as described in the Lease.

III. OPERATIVE PROVISIONS

3.01 Disclosure of Current Status.
a. Landlord represents that, to Landlord’s actual knowledge as of the Effective Date, (i) [☐ no Bed Bug infestation is present] OR (ii) [☐ Bed Bug activity was last detected on //_ and was fully treated on //_].
b. Landlord has provided Tenant with the Illinois Department of Public Health brochure “Don’t Let the Bedbugs Bite” or a successor publication as required by 410 ILCS 95/20.

3.02 Landlord’s Obligations.
a. Inspection Trigger: Within ten (10) calendar days after receipt of Tenant Notice of suspected Bed Bugs, Landlord shall retain a Licensed Pest Control Professional to perform an Inspection of the Unit and, if reasonably necessary, the Building.
b. Treatment: If Bed Bugs are found, Landlord shall commence Treatment within ten (10) calendar days after receipt of the Inspection report and shall use commercially-reasonable efforts to eradicate the infestation.
c. Cost Allocation: Landlord shall bear all reasonable costs of Inspection and Treatment unless (i) Tenant’s act or negligence caused the infestation or (ii) Tenant materially fails to comply with Section 3.03, in which case Tenant shall reimburse Landlord for actual, documented costs.
d. Recordkeeping: Landlord shall maintain written records of all complaints, inspections, and Treatments for a minimum of three (3) years, as required by 410 ILCS 95/15.

3.03 Tenant’s Obligations.
a. Prompt Notice: Tenant shall provide Notice to Landlord within forty-eight (48) hours of discovering or reasonably suspecting Bed Bug presence.
b. Unit Preparation & Cooperation: Tenant shall strictly follow all preparation instructions furnished by the Licensed Pest Control Professional, including but not limited to: laundering, bagging, and sealing personal items; granting access; and vacating the Unit if legally required during Treatment.
c. No Self-Treatment: Tenant shall not apply, nor cause to be applied, any pesticide or Treatment product without Landlord’s prior written consent.
d. Personal Property: Tenant is solely responsible for inspecting all personal property (including used mattresses and furniture) before bringing it into the Unit and will not introduce items known or reasonably suspected to harbor Bed Bugs.

3.04 Payment/Consideration Terms.
a. Where Tenant is obligated to reimburse Landlord under this Addendum, such amounts shall be deemed Additional Rent and shall be payable within ten (10) days after written demand, subject to default remedies under Section VI.
b. Failure to timely pay constitutes a material non-monetary default of the Lease.

3.05 Conditions Precedent.
Tenant’s continuing right to occupy the Unit is conditioned upon Tenant’s full compliance with Section 3.03.

IV. REPRESENTATIONS & WARRANTIES

4.01 Mutual. Each Party represents that it has full power and authority to enter into this Addendum.

4.02 Landlord. Landlord represents that all Inspections and Treatments will be performed in compliance with (i) 410 ILCS 95/ Bed Bugs; (ii) 225 ILCS 235/ Structural Pest Control Act; and (iii) all applicable municipal ordinances.

4.03 Tenant. Tenant represents that, to Tenant’s knowledge, no personal property moved into the Unit is infested with Bed Bugs.

4.04 Survival. The representations and warranties in this Section survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.01 Affirmative Covenants of Landlord.
a. Maintain the Premises in a condition fit for habitation, free from Bed Bugs, consistent with the Illinois implied warranty of habitability.
b. Provide reasonable advance Notice of entry for Inspection or Treatment in accordance with the Illinois Landlord and Tenant Act.

5.02 Affirmative Covenants of Tenant.
a. Maintain reasonable cleanliness and sanitary conditions to discourage Bed Bug harborage.
b. Permit access on the dates and times scheduled by Landlord for Inspection and Treatment.

5.03 Negative Covenants of Tenant.
Tenant shall not knowingly: (i) introduce Bed Bugs; (ii) interfere with Landlord’s Inspection or Treatment efforts; or (iii) dispose of Bed Bug-infested personal property in common areas without properly sealing and labeling such items per municipal guidelines.

5.04 Notice & Cure.
Except for emergencies, a Party alleging breach shall provide the other Party with written Notice and a seven (7) calendar-day cure period before exercising remedies.

VI. DEFAULT & REMEDIES

6.01 Events of Default.
a. Tenant’s failure to timely pay Additional Rent under Section 3.04.
b. Tenant’s willful refusal to allow Inspection or Treatment.
c. Landlord’s failure to initiate Inspection or Treatment within the statutory time frames.

6.02 Remedies.
a. Landlord Remedies: All rights under the Lease, plus the right to (i) enter the Unit to perform required work; (ii) recover actual damages and reasonable attorneys’ fees; and (iii) seek injunctive relief compelling Tenant cooperation.
b. Tenant Remedies: Tenant may pursue (i) actual damages; (ii) injunctive relief to enforce Landlord’s obligations; and (iii) rent abatement as permitted by law.
c. Graduated Remedies: Prior to litigation, the Parties shall engage in good-faith negotiations for not less than five (5) business days.

VII. RISK ALLOCATION

7.01 Indemnification.
a. By Tenant: Tenant shall indemnify, defend, and hold harmless Landlord and its agents from actual damages, losses, and liabilities arising out of Tenant’s breach of this Addendum or negligence in introducing Bed Bugs.
b. By Landlord: Landlord shall indemnify, defend, and hold harmless Tenant from actual damages arising out of Landlord’s failure to comply with Section 3.02, except to the extent caused by Tenant.

7.02 Limitation of Liability.
Except for a Party’s indemnification obligations, willful misconduct, or violation of law, each Party’s liability under this Addendum is limited to actual, direct damages. Consequential, punitive, or speculative damages are excluded.

7.03 Insurance.
Landlord shall maintain property and liability insurance customary for similarly-situated residential properties. Tenant is encouraged, but not required, to obtain renters insurance covering personal property damage due to Bed Bugs.

7.04 Force Majeure.
Neither Party is liable for failure to perform obligations (other than payment obligations) due to events beyond reasonable control, provided the affected Party gives prompt Notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.01 Governing Law. This Addendum and the Lease shall be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

8.02 Forum Selection. Any action arising out of this Addendum shall be filed exclusively in the state housing (circuit) court having jurisdiction over the county in which the Premises are located. Each Party consents to such personal jurisdiction.

8.03 Arbitration Excluded. The Parties agree that disputes shall be resolved in court; no agreement to arbitrate is made.

8.04 Jury Trial. The Parties expressly do not waive their constitutional right to trial by jury.

8.05 Injunctive Relief. Nothing herein restricts either Party from seeking immediate injunctive or equitable relief to enforce habitability, access, or preservation of evidence.

IX. GENERAL PROVISIONS

9.01 Amendment & Waiver. No amendment or waiver is effective unless in writing and signed by both Parties. A waiver on one occasion is not a waiver of future breaches.

9.02 Assignment. Tenant may not assign the Lease or sublet the Unit without Landlord’s prior written consent, which shall not be unreasonably withheld consistent with 765 ILCS .

9.03 Successors & Assigns. This Addendum binds and benefits the Parties and their respective successors and permitted assigns.

9.04 Severability. If any provision is held unenforceable, the remainder shall be enforced to the maximum extent permissible, and the court shall reform the offending provision to conform to applicable law while preserving its intent.

9.05 Integration. This Addendum, together with the Lease, constitutes the entire agreement with respect to Bed Bugs and supersedes all prior or contemporaneous understandings on that subject.

9.06 Counterparts; Electronic Signatures. The Addendum may be executed in multiple counterparts, each deemed an original. Electronic signatures are binding to the fullest extent permitted by the Illinois Electronic Commerce Security Act, 5 ILCS 175/.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Bedbug Disclosure and Treatment Addendum as of the Effective Date.

[Notary acknowledgment blocks may be inserted here if required by local practice.]

[// GUIDANCE: Attach (i) the IDPH bedbug brochure and (ii) the pest control professional’s preparation checklist to ensure Tenant has all statutorily-required information. If the Premises are located in the City of Chicago, incorporate Chicago Municipal Code § 5-12-101 et seq. “Residential Landlord and Tenant Ordinance” bedbug provisions, which impose additional timelines and tenant information statements.]