BEDBUG DISCLOSURE AND TREATMENT ADDENDUM
to
RESIDENTIAL LEASE AGREEMENT
(Commonwealth of Massachusetts)
[// GUIDANCE: Attach this Addendum to every new or renewed residential lease. Replace bracketed placeholders, delete guidance boxes, and review for client-specific tailoring.]
I. DOCUMENT HEADER
This Bedbug Disclosure and Treatment Addendum (this “Addendum”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] having a principal business address at [LANDLORD ADDRESS] (“Landlord”); and
(b) [TENANT LEGAL NAME(S)] residing at (or to reside at) the Premises defined below (“Tenant”).
RECITALS
A. Landlord and Tenant have entered into that certain Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”) for the residential dwelling unit located at [UNIT ADDRESS] (the “Premises”) situated within the property commonly known as [PROPERTY NAME/ADDRESS] (the “Building”).
B. Massachusetts law (including, without limitation, 105 CMR 410.550 and Mass. Gen. Laws ch. 111, §§ 127A–127I) imposes specific obligations on residential lessors and lessees with respect to the disclosure, prevention, and remediation of infestations of Cimex lectularius (commonly called “bedbugs”).
C. The parties desire to supplement the Lease to address bedbug-related rights, duties, and remedies, all as more fully set forth below and in compliance with applicable law.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
TABLE OF CONTENTS
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
II. DEFINITIONS
For purposes of this Addendum (capitalized terms not defined below retain the meanings assigned in the Lease):
“Addendum” – this Bedbug Disclosure and Treatment Addendum, as amended from time to time.
“Bedbug” – Cimex lectularius at any life stage, together with eggs, exuviae, or other evidence of infestation.
“Cost of Remediation” – the reasonable, market-rate charges of a properly licensed pest-management professional (“PMP”) for inspection, treatment, re-inspection, follow-up monitoring, and disposal services necessary to achieve Eradication, plus reasonable out-of-pocket costs for Tenant preparation materials (e.g., mattress encasements, vacuum bags) where mandated by the PMP.
“Eradication” – written certification by the PMP that (a) no live Bedbugs or viable eggs are detected in the Premises, and (b) monitoring stations remain clear for at least thirty (30) consecutive days after the final treatment.
“Infestation Event” – the presence of Bedbugs in the Premises, Building common areas, or any immediately-adjoining dwelling unit, as determined by a PMP.
“Inspection” – a systematic visual and/or canine examination of the Premises conducted by a PMP in accordance with industry best practices and Massachusetts pesticide regulations (333 CMR 13.00 et seq.).
“PMP” – a pest-management professional duly licensed by the Massachusetts Department of Agricultural Resources.
III. OPERATIVE PROVISIONS
3.1 Disclosure at Commencement.
(a) Landlord represents that an Inspection of the Premises was completed on [DATE] and the Inspection Report (attached hereto as Exhibit A) indicates:
☐ No evidence of Bedbugs.
☐ Evidence of prior Infestation Event(s) dated _; Eradication completed on _.
(b) Landlord has delivered to Tenant the Massachusetts Department of Public Health’s Bedbug Information Sheet and any city-specific disclosure pamphlet then required.
3.2 Continuing Disclosure. Landlord shall notify Tenant in writing of any Infestation Event occurring in the Building within two (2) business days of Landlord’s actual knowledge.
3.3 Tenant Self-Screening Questionnaire. Prior to occupancy, Tenant shall complete and return the Bedbug Self-Screening Questionnaire attached as Exhibit B.
3.4 Tenant Notification Obligation. Tenant shall provide Landlord with written notice of any suspected Bedbug activity within twenty-four (24) hours of discovery.
3.5 Inspection Rights. Upon reasonable advance notice (not less than 24 hours except in emergency), Tenant shall grant Landlord, the PMP, and their agents access to the Premises for purposes of any Inspection, treatment, or follow-up monitoring required under this Addendum.
3.6 Treatment Protocol.
(a) Upon confirmation of an Infestation Event, Landlord shall engage a PMP to commence treatment within five (5) business days, subject to product-label restrictions and PMP scheduling.
(b) Treatment shall continue, at intervals recommended by the PMP, until Eradication is achieved.
3.7 Tenant Preparation & Cooperation. Tenant shall strictly follow all PMP preparation instructions, including but not limited to laundering of fabrics, encasement of mattresses/box springs, de-cluttering, and temporary relocation of pets. Failure to comply shall constitute a material breach under Section VI.2(b).
3.8 Personal Property. Landlord shall bear no responsibility for loss or damage to Tenant’s personal property discarded or treated pursuant to PMP instruction, except to the extent caused by Landlord’s gross negligence or willful misconduct.
3.9 Cost Allocation.
(a) Multi-Unit Buildings (≥ 2 Dwelling Units). Landlord shall bear the Cost of Remediation except where the PMP reasonably determines, in a written report, that the Infestation Event was proximately caused by Tenant’s willful misconduct or negligence (e.g., introduction of infested furniture). In such case, Tenant shall reimburse Landlord for the Cost of Remediation within thirty (30) days of invoicing.
(b) Single-Family Dwelling. Tenant shall bear the Cost of Remediation unless the PMP certifies that the Infestation Event originated from an adjoining property not under Tenant’s control, in which case Section 3.9(a) applies.
3.10 Temporary Relocation. Nothing herein obligates Landlord to provide alternative housing; however, if Landlord elects at its sole discretion to relocate Tenant temporarily, such relocation shall not constitute constructive eviction and shall be at Landlord’s expense unless Section 3.9(b) applies.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations & Warranties. Landlord represents and warrants that:
(a) Any disclosure made in Section 3.1 is accurate and complete;
(b) All Inspections and treatments, if any, have been performed by PMPs in compliance with 333 CMR 13.00 et seq.;
(c) Landlord will maintain the Building in a condition that meets or exceeds the standards of 105 CMR 410.000 (State Sanitary Code).
4.2 Tenant’s Representations & Warranties. Tenant represents and warrants that:
(a) Tenant has truthfully answered the Self-Screening Questionnaire;
(b) Tenant has not knowingly brought, and will not bring, Bedbug-infested personal property onto the Premises; and
(c) Tenant will comply with all obligations set forth in Section 3.7.
4.3 Survival. The representations and warranties in this Section IV survive termination of this Addendum for a period of one (1) year.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants. Each party shall:
(a) Comply with all applicable federal, state, and municipal laws governing Bedbug control, including required record-keeping;
(b) Maintain open communication with the PMP and promptly relay all PMP instructions to the other party when received.
5.2 Negative Covenants. Tenant shall not:
(a) Apply over-the-counter pesticide products intended for Bedbug treatment without prior written consent of Landlord;
(b) Interfere with, harass, or obstruct the PMP;
(c) Permit the Premises to become cluttered so as to impede Inspection or treatment efforts.
5.3 Notice & Cure Periods. Unless a shorter period is expressly provided herein, a party alleging breach shall give written notice and a five (5) calendar-day opportunity to cure prior to exercising remedies under Section VI.
VI. DEFAULT & REMEDIES
6.1 Events of Default—Landlord. It is an “Owner Default” if Landlord fails to:
(a) Commence treatment within the period specified in Section 3.6(a);
(b) Complete Eradication within a commercially reasonable time, not to exceed sixty (60) days absent documented PMP justification; or
(c) Provide required disclosures under Section 3.2.
6.2 Events of Default—Tenant. It is a “Tenant Default” if Tenant:
(a) Fails to comply with Section 3.7 (Preparation & Cooperation);
(b) Knowingly introduces infested items to the Premises; or
(c) Fails to reimburse Landlord for Cost of Remediation when due under Section 3.9.
6.3 Remedies.
(a) If an Owner Default occurs and remains uncured after notice and cure, Tenant may (i) pursue injunctive relief compelling Landlord’s performance, (ii) withhold a reasonable portion of rent in accordance with Massachusetts common law habitability doctrines, and/or (iii) recover actual damages proximately caused by the default, subject to Section VII.2.
(b) Upon Tenant Default, Landlord may (i) recover all amounts due and owing, (ii) perform Tenant’s obligations at Tenant’s expense, and (iii) pursue any remedy available under the Lease or applicable law, including eviction.
(c) The prevailing party in any action to enforce this Addendum is entitled to reimbursement of reasonable attorneys’ fees and costs.
VII. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any and all claims, losses, and liabilities (including reasonable attorneys’ fees) directly arising out of Tenant’s negligent or willful breach of this Addendum.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and liabilities (including reasonable attorneys’ fees) directly arising out of Owner Default or Landlord’s gross negligence or willful misconduct.
7.2 Limitation of Liability. EXCEPT FOR (i) A PARTY’S INDEMNITY OBLIGATIONS HEREUNDER, OR (ii) DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES. EACH PARTY’S MONETARY LIABILITY HEREUNDER IS LIMITED TO ACTUAL, PROVABLE DAMAGES.
7.3 Insurance. Landlord shall maintain property and liability insurance customarily carried for similar properties. Tenant is strongly encouraged (but not required) to maintain renter’s insurance covering Bedbug-related personal property loss.
7.4 Force Majeure. Performance times are extended to the extent delayed by causes beyond the affected party’s reasonable control (excluding financial inability), provided that such party promptly notifies the other and resumes performance as soon as practicable.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum, the Lease, and any dispute hereunder are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts-of-law principles.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the [COUNTY] Division of the Massachusetts Housing Court Department (or, if jurisdiction is lacking, in any other court of competent jurisdiction within said county).
8.3 Arbitration. The parties expressly agree that mandatory arbitration is EXCLUDED.
8.4 Jury Trial. Each party reserves its constitutional right to trial by jury.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek equitable or injunctive relief, including habitability-related relief under applicable law.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum is binding unless set forth in a written instrument executed by both parties. Waiver of any breach is not a waiver of any other or subsequent breach.
9.2 Assignment & Delegation. Tenant shall not assign the Lease or this Addendum or sublet the Premises without Landlord’s prior written consent, except as permitted by the Lease and Massachusetts law. Any approved assignee must execute this Addendum as a condition of occupancy.
9.3 Successors & Assigns. Subject to Section 9.2, this Addendum binds and benefits the parties and their respective successors and assigns.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to achieve its intent.
9.5 Integration. This Addendum and the Lease constitute the entire agreement between the parties with respect to Bedbug matters and supersede all prior or contemporaneous oral or written agreements on that subject.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts (including PDF or electronic signatures under the Massachusetts Uniform Electronic Transactions Act, Mass. Gen. Laws ch. 110G) each of which is deemed an original and all of which together constitute one instrument.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: _________
TENANT(S):
1. ____ Date: _
2. ____ Date: _
3. ____ Date: _
[ADD ADDITIONAL SIGNATURE LINES AS NEEDED]
[NOTARY BLOCK – OPTIONAL / IF REQUIRED BY LOCAL PRACTICE]
EXHIBIT A – INITIAL INSPECTION REPORT
EXHIBIT B – TENANT BEDBUG SELF-SCREENING QUESTIONNAIRE
[// GUIDANCE:
1. If the property is located in Boston, Somerville, or any municipality with additional bedbug ordinances, insert the relevant local compliance language.
2. Review Massachusetts Sanitary Code revisions periodically; update section numbers as needed.
3. For rent-controlled or subsidized housing, confirm compliance with applicable program requirements before use.
4. Obtain insurance carrier approval if indemnity provisions deviate from standard policy terms.
]