Bedbug Disclosure Addendum

to Residential Lease Agreement
(State of Maryland)

[// GUIDANCE: Insert this Addendum immediately after the main Lease Agreement signature page. All capitalized terms not defined herein have the meanings given to them in the Lease.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Addendum Title: Bedbug Disclosure Addendum to Residential Lease Agreement
Parties:
• Landlord: [LANDLORD LEGAL NAME], having an address at [LANDLORD MAILING ADDRESS] (“Landlord”)
• Tenant: [TENANT LEGAL NAME], having an address at [TENANT MAILING ADDRESS] (“Tenant”)

Premises: [PREMISES ADDRESS] (the “Unit”)
Original Lease Date: [LEASE DATE] (the “Lease”)
Effective Date of Addendum: [EFFECTIVE DATE]

Recitals

A. Landlord and Tenant entered into the Lease for the Unit.
B. Maryland law, including Md. Code Ann., Real Prop. § 8-208 and applicable county ordinances, requires certain disclosures and obligations related to bedbug infestations.
C. The parties desire to supplement the Lease to address disclosure, treatment, and cost allocation with respect to bedbugs, on the terms set forth below.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

2. DEFINITIONS

The following terms shall have the meanings set forth below and shall apply equally to the singular and plural forms.

“Bedbug” means a Cimex lectularius or Cimex hemipterus insect in any life stage (egg, nymph, or adult).

“Building” means the structure(s) in which the Unit is located, including common areas.

“Inspection” means a visual and canine (if applicable) examination of the Unit and adjacent areas by a licensed Pest Management Professional for evidence of Bedbugs.

“Pest Management Professional” (“PMP”) means a person licensed or certified under applicable Maryland law to identify and treat Bedbug infestations.

“Treatment” means any method approved by the U.S. Environmental Protection Agency or Maryland Department of Agriculture for Bedbug abatement, including heat, chemical, or integrated pest management.

“Writing” or “Written” includes electronic communications permitted under Md. Code Ann., Com. Law § 21-101 et seq.

3. OPERATIVE PROVISIONS

3.1 Disclosure of Inspection Results
(a) Landlord represents that, within [NUMBER] days prior to the Effective Date, a PMP conducted an Inspection of the Unit and Building.
(b) Landlord discloses to Tenant (check one):
☐ No evidence of Bedbugs was found.
☐ Evidence of past or current Bedbug activity was found; see attached Exhibit A for details and corrective actions taken.

3.2 Ongoing Inspection Rights
Landlord may enter the Unit with at least 24 hours’ prior Written notice (or less in an emergency) to perform Inspections no more than [NUMBER] times per calendar year, or as reasonably necessary following a Tenant report under Section 3.4.

3.3 Landlord Treatment Obligations
(a) If Bedbugs are confirmed, Landlord shall, at its sole cost (subject to Section 7.2), engage a PMP to perform Treatment until the infestation is eliminated.
(b) Landlord shall provide Tenant with Written notice of Treatment dates, required Unit preparation, and post-Treatment precautions.

3.4 Tenant Reporting and Cooperation
(a) Tenant shall promptly (and in any event within 24 hours) notify Landlord in Writing of any suspected Bedbug activity in the Unit or personal property.
(b) Tenant shall fully cooperate with Inspection and Treatment, including:
(i) granting access;
(ii) preparing personal property as instructed;
(iii) vacating the Unit during Treatment if required.
Failure to cooperate constitutes a material breach of the Lease.

3.5 Personal Property Control
Tenant shall not knowingly bring into the Building any furniture, clothing, or personal items with an active Bedbug infestation.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord
(a) Landlord has disclosed all known Bedbug infestations in the Unit or Building within the past 12 months.
(b) Any prior infestations have been fully treated by a PMP.
These representations survive for 60 days after Tenant’s move-in.

4.2 Tenant
(a) Tenant has inspected the Unit before occupancy and found no evidence of Bedbugs, or Tenant has disclosed any findings in Exhibit B.
(b) To the best of Tenant’s knowledge, Tenant’s personal property is free of Bedbugs.
(c) Tenant is not relocating from premises with an unresolved Bedbug infestation.

5. COVENANTS & RESTRICTIONS

5.1 Preventive Measures
Tenant shall maintain the Unit in a manner that discourages Bedbugs, including regular cleaning, reducing clutter, and properly storing clothing and linens.

5.2 Notice Obligations
All notices required under this Addendum shall be delivered in accordance with the Lease’s notice provision and deemed part of any notice and cure periods provided therein.

6. DEFAULT & REMEDIES

6.1 Events of Default—Tenant
(a) Failure to provide timely notice under Section 3.4.
(b) Failure to cooperate with Inspection or Treatment.
Upon default, Landlord may (i) enter the Unit to perform required actions at Tenant’s expense; (ii) recover actual damages; and (iii) treat such default as grounds for termination under the Lease, subject to the notice and cure provisions below.

6.2 Notice & Cure
Landlord shall provide Tenant Written notice of default and a cure period of [NUMBER] days. If Tenant fails to cure within that period, Landlord may seek remedies permitted by law, including possession.

6.3 Attorney Fees
The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and costs, to the extent permitted by Md. Code Ann., Real Prop. § 8-208(d).

7. RISK ALLOCATION

7.1 Indemnification
Tenant shall indemnify and hold harmless Landlord and its agents from any actual damages, losses, or liabilities arising out of Tenant’s breach of this Addendum or introduction of Bedbugs through Tenant’s negligence or willful misconduct.

7.2 Cost Allocation
(a) Landlord bears all reasonable costs of Inspection and Treatment unless a PMP attributes the infestation solely to Tenant’s negligence or willful act, in which case Tenant shall reimburse Landlord for actual costs within 30 days of Written demand.
(b) Charges assessed under this Section constitute Additional Rent under the Lease.

7.3 Limitation of Liability
Neither party shall be liable for consequential, punitive, or special damages; liability is limited to actual damages sustained.

7.4 Insurance
Tenant is encouraged, but not required, to obtain renters’ insurance covering personal property damage caused by Bedbugs.

7.5 Force Majeure
Delays in Inspection or Treatment caused by events beyond the parties’ reasonable control (e.g., governmental restrictions, labor shortages) toll all performance deadlines until the impediment is removed.

8. DISPUTE RESOLUTION

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

8.2 Forum Selection
Any suit arising out of or relating to this Addendum shall be filed exclusively in the District Court of Maryland, Housing/Landlord-Tenant Division, for the county in which the Premises is located.

8.3 Arbitration
Arbitration is expressly excluded.

8.4 Jury Trial
Nothing herein is intended to waive any constitutional right to a jury trial.

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

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum is effective unless in a Written instrument signed by both parties. Waiver of any breach is not waiver of any other or subsequent breach.

9.2 Assignment & Delegation
Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior Written consent.

9.3 Successors & Assigns
This Addendum binds and benefits the parties and their respective successors and permitted assigns.

9.4 Severability
If any provision is found unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.

9.5 Integration
This Addendum and the Lease constitute the entire agreement regarding Bedbugs, superseding all prior discussions or representations.

9.6 Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each of which is deemed an original. Electronic signatures and counterparts are binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the Effective Date.

[Optional Notary Acknowledgment – Maryland]
State of Maryland, County of ___, to wit:
Subscribed and sworn before me this day of _____________, 20, by ______.

Notary Public
My Commission Expires: ____

[// GUIDANCE: Attach Exhibits A and B only if applicable; otherwise remove placeholder references. Review county-specific ordinances (e.g., Baltimore City Code, Montgomery County Code § 29-16B) and enhance obligations where required.]