BEDBUG DISCLOSURE AND TREATMENT ADDENDUM

TO RESIDENTIAL LEASE AGREEMENT – STATE OF LOUISIANA

[// GUIDANCE: Attach this Addendum to—and have it signed concurrently with—the underlying Residential Lease. All capitalized terms not defined herein shall have the meanings ascribed to them in the Lease.]

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

1. Title; Parties; Effective Date.
   This Bedbug Disclosure and Treatment Addendum (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [state & entity type] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant”) with respect to the residential premises located at [PROPERTY ADDRESS] (the “Premises”) and shall be deemed incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).

2. Recitals.
   A. Louisiana law imposes on Landlord an implied warranty that the Premises are free from vices or defects that prevent their normal use and enjoyment, including infestations. La. Civ. Code arts. 2696–2704 (2024).
   B. Bedbug infestations pose health and habitability concerns that require timely disclosure, coordinated treatment, and clear allocation of responsibility.
   C. The parties desire to set forth their respective rights and obligations regarding inspection, disclosure, treatment, and cost allocation related to bedbugs.

II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below:

“Bedbug” or “Cimex lectularius” means a parasitic insect in any life stage capable of feeding on humans.
“Common Areas” means all shared or public portions of the property of which the Premises form a part.
“Infestation” means the presence of live Bedbugs, Bedbug eggs, exoskeletons, or fecal spots indicating activity.
“Inspection” means a visual and manual examination, which may include the use of certified detection canines, conducted by a licensed Pest Control Operator.
“Pest Control Operator” or “PCO” means a person or entity duly licensed under La. Rev. Stat. § 3:3361 et seq. to perform pest control.
“Professional Treatment” or “Treatment” means any method of bedbug eradication performed or directed by a PCO, including chemical, heat, or other industry-accepted protocols.
“Temporary Relocation Costs” means reasonable, documented costs for alternative lodging incurred by Tenant when Landlord requires Tenant to vacate the Premises for more than 8 consecutive hours to facilitate Treatment.

III. OPERATIVE PROVISIONS

3.1 Landlord’s Initial Disclosure.
(a) Landlord represents that to the best of Landlord’s actual knowledge, the Premises and Common Areas are [check one]:
☐ presently free of Bedbug Infestation;
☐ currently under Treatment with an anticipated completion date of [DATE].
(b) Landlord has provided Tenant copies of any inspection or Treatment reports generated within the past 12 months.

3.2 Tenant’s Pre-Occupancy Certification.
(a) Prior to taking possession, Tenant shall visually inspect the Premises and certify on Exhibit A her findings regarding any evidence of Bedbugs.
(b) Failure to deliver Exhibit A within [72] hours after possession shall constitute Tenant’s acknowledgment that no Infestation was observed.

3.3 Ongoing Inspection & Notification.
(a) Tenant shall immediately deliver written notice to Landlord upon discovering any evidence of Bedbugs.
(b) Notice shall be given pursuant to Section IX.3 (Notices) of the Lease.

3.4 Access for Inspection & Treatment.
(a) Upon at least 24-hour prior written notice (or such shorter period as permitted by law in an emergency), Tenant shall grant Landlord and the PCO access to the Premises for Inspection or Treatment.
(b) Tenant shall comply with all written preparation instructions supplied by the PCO, including laundering, bagging, or discarding personal property.

3.5 Treatment Obligations.
(a) Landlord shall engage a PCO to perform Treatment within [5] business days after receiving notice of a confirmed Infestation, subject to Tenant’s cooperation.
(b) Landlord shall diligently pursue follow-up visits until the PCO issues written certification of eradication.

3.6 Cost Allocation.
(a) Landlord shall bear all reasonable, actual costs of Inspection and Treatment, including follow-up visits and Temporary Relocation Costs, except as provided in subsection (b).
(b) If an Infestation is caused by Tenant’s negligence or willful misconduct—including but not limited to introducing infested furniture, mattresses, or personal property—Tenant shall reimburse Landlord for actual Inspection and Treatment costs, not to exceed [COST CAP DOLLAR AMOUNT] per occurrence.
(c) Documentation. Landlord shall furnish Tenant itemized invoices evidencing all reimbursable costs.

3.7 Temporary Relocation.
Where Treatment requires Tenant to vacate the Premises for more than 8 consecutive hours, Landlord shall either (i) provide comparable temporary accommodations, or (ii) reimburse Tenant’s documented Temporary Relocation Costs within 7 days of submission.

3.8 Disposal of Personal Property.
Tenant shall properly bag and dispose of any personal property identified by the PCO as non-treatable and infested, at Tenant’s sole cost.

3.9 Habitability; Non-Waiver.
Landlord shall maintain the Premises in habitable condition, and nothing herein shall be construed as a waiver of Tenant’s statutory rights or remedies.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord.
(a) Landlord warrants that, to Landlord’s best knowledge, the Premises are free from Infestation as of the Effective Date.
(b) Landlord has not applied any pesticides contrary to manufacturer labeling or state regulations.

4.2 Tenant.
(a) Tenant represents that all personal property to be brought into the Premises is free of Bedbugs.
(b) Tenant has not experienced a Bedbug Infestation in any residence within the past 12 months, or if so, has fully eradicated such Infestation.

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

V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants.
(a) Promptly comply with all PCO instructions;
(b) Refrain from self-treating with over-the-counter pesticides or unapproved devices;
(c) Not introduce discarded or second-hand upholstered furniture unless first inspected.

5.2 Landlord Covenants.
(a) Retain only licensed PCOs;
(b) Maintain records of all Inspections and Treatments for at least three (3) years and furnish copies upon Tenant’s request.

5.3 Prohibited Acts.
Any act or omission by Tenant that hinders Inspection or Treatment shall constitute a material breach of the Lease.

VI. DEFAULT & REMEDIES

6.1 Tenant Defaults.
(a) Failure to provide access or to comply with preparation instructions within prescribed timeframes.
(b) Introduction of infested personal property.

6.2 Remedies Against Tenant.
(a) Chargeback of actual costs pursuant to Section 3.6(b);
(b) Cure-or-quit notice with a minimum [5-day] cure period;
(c) Termination of Lease and eviction in accordance with Louisiana Code of Civil Procedure Arts. 4701–4735;
(d) Recovery of reasonable attorney fees and court costs.

6.3 Landlord Defaults.
(a) Failure to commence Treatment within required timeframe;
(b) Failure to complete Treatment with reasonable diligence.

6.4 Remedies Against Landlord.
(a) Tenant may seek injunctive relief compelling compliance;
(b) Tenant may terminate the Lease upon [30-day] written notice if Landlord fails to cure within [10] days of notice;
(c) Actual damages limited per Section VII.2.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Each party (“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 causing an Infestation.

7.2 Limitation of Liability.
Under no circumstances shall either party be liable to the other for consequential, special, or punitive damages; liability is limited to actual, direct damages.

7.3 Insurance.
Tenant is advised to obtain renter’s insurance covering personal property loss or damage due to Infestation.

7.4 Force Majeure.
Delays in Treatment caused by events beyond reasonable control (e.g., hurricanes, supply chain disruption) shall extend performance deadlines, provided the affected party gives prompt notice.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum and the Lease shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflicts-of-law principles.

8.2 Forum Selection.
Exclusive jurisdiction and venue for any action shall lie in the state housing or civil court of competent jurisdiction in the parish where the Premises are located.

8.3 Arbitration.
The parties expressly opt out of arbitration; disputes shall be resolved in court as provided above.

8.4 Jury Trial.
Nothing herein shall be construed as a waiver of any party’s constitutional right to trial by jury.

8.5 Injunctive Relief.
Either party may seek injunctive or equitable relief to enforce habitability obligations without posting bond, to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendment; Waiver.
No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties.

9.2 Assignment.
Neither party may assign its rights or delegate its duties hereunder without the prior written consent of the other, except as expressly permitted in the Lease.

9.3 Notices.
All notices under this Addendum shall be given in accordance with the Lease, addressed to the parties at the addresses therein (or such other address as a party may designate in writing).

9.4 Severability.
If any provision is held unenforceable, the remainder shall remain in full force and effect and shall be reformed to the minimum extent necessary to render it valid.

9.5 Integration.
This Addendum, together with the Lease and any schedules or exhibits, constitutes the entire agreement regarding the subject matter and supersedes all prior discussions.

9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original, and signatures delivered by electronic means shall be deemed originals for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Bedbug Disclosure and Treatment Addendum effective as of the date first written above.

[Optional Notary Acknowledgment – attach if required by local practice]

EXHIBIT A

TENANT PRE-OCCUPANCY BEDBUG CERTIFICATION
(Complete and return within 72 hours of possession)

1. Visual Inspection Conducted: ☐ Yes ☐ No
2. Evidence of Bedbugs Observed: ☐ Yes ☐ No
   If “Yes,” describe in detail and attach photos: ________
3. Tenant Signature: _____ Date: _____

[// GUIDANCE: Failure to return this certification timely may limit Tenant’s defenses regarding pre-existing infestations.]