RESIDENTIAL LEASE ADDENDUM
BEDBUG DISCLOSURE & TREATMENT PROTOCOL
(Kansas – Governed by K.S.A. 58-2540 et seq.)
[// GUIDANCE: This template is drafted as an addendum to an existing Kansas residential lease. Bracketed items must be customized. Cross-reference tenant and landlord names exactly as they appear in the main lease.]
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
1.1 Title. Residential Lease Addendum – Bedbug Disclosure & Treatment Protocol (“Addendum”).
1.2 Parties.
(a) Landlord: [LEGAL NAME OF LANDLORD], a [STATE & ENTITY TYPE] (“Landlord”).
(b) Tenant: [LEGAL NAME(S) OF TENANT(S)] (“Tenant,” collectively if more than one).
1.3 Premises. The residential dwelling located at [PROPERTY ADDRESS] (“Premises”), as more fully described in that certain Residential Lease Agreement dated [DATE] (the “Lease”).
1.4 Consideration; Incorporation. In consideration of the mutual covenants herein and in the Lease, the parties agree that this Addendum is incorporated into and made part of the Lease effective as of the later of (i) the Lease Commencement Date or (ii) the date last signed below (“Effective Date”).
1.5 Jurisdiction & Statutory Framework. This Addendum is governed by the Kansas Residential Landlord & Tenant Act, K.S.A. 58-2540 et seq., and other applicable state and local habitability codes.
2. DEFINITIONS
For purposes of this Addendum (capitalized terms not defined herein have the meanings assigned in the Lease):
“Actual Damages” – Out-of-pocket costs incurred and documented, excluding consequential, incidental, special, exemplary, or punitive damages.
“Bedbug(s)” – The insect Cimex lectularius and any life stage thereof.
“Bedbug Management Professional” – A pest-control operator duly licensed in Kansas, utilizing industry-standard Integrated Pest Management (“IPM”) techniques for bedbugs.
“Bedbug Incident” – (i) the presence of live bedbugs, (ii) verified bedbug eggs, or (iii) confirmatory indications (e.g., exoskeletons, fecal spotting) as determined by a Bedbug Management Professional.
“Infestation” – Two (2) or more Bedbug Incidents within a 60-day period at any location within the Premises.
“Inspection Window” – The period commencing upon Tenant’s written notice of suspected bedbugs and ending forty-eight (48) hours thereafter.
“Notice” – Written notice compliant with Section 9.2 below.
3. OPERATIVE PROVISIONS
3.1 Mandatory Disclosure.
(a) Landlord hereby discloses that, to Landlord’s actual knowledge, the Premises:
☐ has ☐ has not experienced a Bedbug Incident or Infestation within the preceding twelve (12) months.
[If “has,” attach remediation history as Exhibit A.]
(b) Tenant represents that, to Tenant’s actual knowledge, Tenant’s personal property:
☐ is ☐ is not currently affected by bedbugs.
3.2 Initial Inspection. Prior to occupancy, Landlord shall cause the Premises to be inspected by a Bedbug Management Professional and shall provide Tenant with a copy of the written inspection report.
3.3 Ongoing Inspection & Reporting.
(a) Tenant shall visually inspect bedding, upholstery, and luggage at least once per calendar month.
(b) Tenant shall deliver Notice of any suspected Bedbug Incident within twenty-four (24) hours of discovery.
3.4 Treatment Obligations.
(a) Landlord shall, at Landlord’s expense, engage a Bedbug Management Professional to inspect within the Inspection Window.
(b) If a Bedbug Incident is verified, Landlord shall, at Landlord’s expense, commence treatment within five (5) business days, provided Tenant complies with Section 5.2.
3.5 Cost Allocation.
(a) Landlord Pays: (i) initial inspection, (ii) first course of treatment, (iii) reasonable follow-up treatments if Tenant has complied with all preparatory instructions.
(b) Tenant Pays: (i) additional treatment required due to Tenant’s non-compliance with preparation instructions, (ii) treatment necessitated by Tenant’s introduction of bedbugs (e.g., infested furniture), as determined by the Bedbug Management Professional’s written report.
3.6 Temporary Relocation. If treatment requires Tenant to vacate the Premises for more than twenty-four (24) hours, Landlord shall provide comparable temporary accommodations or a daily rent credit equal to 1/30 of the monthly rent for each night Tenant must vacate.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual. Each party has full right, power, and authority to execute and perform this Addendum.
4.2 Landlord’s Limited Warranty. Landlord warrants that, as of the Effective Date, the Premises is fit and habitable in compliance with K.S.A. 58-2553 and free of Infestation to Landlord’s actual knowledge.
4.3 Tenant’s Continuing Representation. Tenant warrants that all statements in Section 3.1(b) are true and complete and shall promptly update Landlord in writing if circumstances change.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Preparatory Obligations. Upon at least twenty-four (24) hours’ notice, Tenant shall:
(a) Wash/dry clothing at high heat;
(b) Encase mattresses/box springs in protective covers;
(c) Provide access to all rooms, closets, and storage;
(d) Remove or treat personal property as directed.
5.2 Landlord Access. Tenant shall grant Landlord and its Bedbug Management Professional access during reasonable hours, consistent with K.S.A. 58-2557, to inspect or treat the Premises.
5.3 Furnishings Restriction. Tenant shall not introduce mattresses, upholstered furniture, or textiles obtained from curb-side or unknown sources without first visually inspecting for bedbugs.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Tenant’s failure to provide required Notice under Section 3.3.
(b) Tenant’s refusal to grant access under Section 5.2.
(c) Tenant’s failure to comply with preparation duties under Section 5.1.
6.2 Cure Period. Landlord shall deliver written notice of default; Tenant shall have forty-eight (48) hours to cure by completing required actions or delivering proof of completion.
6.3 Remedies. If Tenant fails to cure within the allowed period, Landlord may:
(a) Perform required actions on Tenant’s behalf and charge Tenant for Actual Damages;
(b) Seek injunctive relief to enforce habitability obligations; and/or
(c) Pursue termination of the Lease per K.S.A. 58-2564, subject to statutory notice requirements.
6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and costs, subject to court approval.
7. RISK ALLOCATION
7.1 Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from Actual Damages arising from (i) Tenant’s breach of this Addendum, or (ii) Tenant-introduced Infestation, except to the extent caused by Landlord’s negligence or willful misconduct.
7.2 Limitation of Liability. Landlord’s liability under this Addendum is limited to Actual Damages. Neither party shall be liable for consequential, special, or punitive damages.
7.3 Insurance. Tenant is advised to obtain renter’s insurance covering personal property damage arising from bedbugs. [// GUIDANCE: Optional but recommended; delete if not desired.]
7.4 Force Majeure. Performance deadlines shall be tolled for events beyond a party’s reasonable control (e.g., supply shortages of treatment chemicals), but not for financial inability.
8. DISPUTE RESOLUTION
8.1 Governing Law. Kansas law governs, specifically the Kansas Residential Landlord & Tenant Act.
8.2 Forum Selection. Exclusive venue lies in the [COUNTY] District Court, Housing Department (or other court of competent jurisdiction).
8.3 Arbitration. The parties expressly exclude arbitration.
8.4 Jury Trial. Nothing herein constitutes a waiver of any constitutional right to trial by jury.
8.5 Injunctive Relief. Either party may seek equitable or injunctive relief as necessary to enforce habitability or access obligations.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No modification of this Addendum is effective unless in a signed writing referencing this Section. Waiver of any breach is not waiver of subsequent breaches.
9.2 Notice. Notices must be (i) in writing, (ii) delivered by personal delivery, certified mail, or email with acknowledgment, and (iii) sent to the addresses set forth below or as later updated.
9.3 Assignment. Tenant shall not assign the Lease or this Addendum without Landlord’s prior written consent.
9.4 Severability. Invalid provisions are severed and the remainder enforced to fullest extent permissible.
9.5 Integration. This Addendum and the Lease constitute the entire understanding regarding bedbug matters and supersede prior related representations.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts, including via electronic signature, each deemed an original and together one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| ____ [NAME & TITLE] Date: _ |
____ [TENANT NAME] Date: _ |
| ____ [ADDITIONAL TENANT NAME, if any] Date: _ |
Landlord’s Notice Address:
[LANDLORD ADDRESS]
Email: [LANDLORD EMAIL]
Tenant’s Notice Address:
Premises Address (unless Tenant provides updated written notice)
Email: [TENANT EMAIL]
[Optional Notary Block – include if required by local practice]
[// GUIDANCE: Attach Exhibit A (prior bedbug remediation history) if disclosure box in §3.1(a) is checked “has.” Attorneys should review local ordinances for any municipal-specific disclosure forms to append.]