BEDBUG DISCLOSURE & TREATMENT ADDENDUM

To Residential Lease Agreement – State of Michigan
(“Addendum”)

I. DOCUMENT HEADER

1. Parties
   This Addendum is entered into on the Effective Date (defined below) by and between:
   • [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”), and
   • [TENANT FULL LEGAL NAME(S)] (“Tenant,” collectively if more than one).

2. Premises
   The real property and dwelling located at [STREET ADDRESS, CITY, MI ZIP] together with all appurtenances (the “Premises”), as more fully described in that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).

3. Recitals
   A. Landlord and Tenant desire to supplement the Lease to address disclosure, prevention, allocation of responsibility, and remediation of any Cimex lectularius (bedbug) infestation.
   B. The parties intend that this Addendum be incorporated into and made part of the Lease.

4. Effective Date
   This Addendum is effective as of [MM/DD/YYYY] (the “Effective Date”).

5. Governing Law & Jurisdiction
   This Addendum shall be governed by and construed in accordance with the laws of the State of Michigan, including but not limited to Mich. Comp. Laws § 554.139 (landlord duty of habitability). Venue for any action arising hereunder shall lie exclusively in the state housing court having jurisdiction over the Premises.

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

II. DEFINITIONS

Unless otherwise indicated, capitalized terms have the meanings set forth below.

1. “Bedbug” means any live or dead Cimex lectularius or visible evidence (exoskeletons, fecal spotting, eggs) indicating current or past infestation.
2. “Bedbug Incident” means the discovery, presence, or reasonable suspicion of Bedbugs in the Premises or in any personal property located therein.
3. “Contaminated Personal Property” means Tenant’s furniture, clothing, bedding, luggage, or other personal effects harboring Bedbugs.
4. “Licensed Pest Control Operator” or “PCO” means a pest management professional licensed by the State of Michigan and carrying current commercial pesticide applicator certification.
5. “Remediation Plan” means the written treatment protocol issued by the PCO, including follow-up inspections and preventative measures.

III. OPERATIVE PROVISIONS

3.1 Landlord’s Mandatory Disclosures

a. Prior Infestations. Landlord represents that to the best of Landlord’s knowledge:
• The Premises [HAS / HAS NOT] been treated for Bedbugs within the preceding twelve (12) months.
• No Bedbug Incident has been reported in any dwelling unit sharing common walls, ceilings, or floors with the Premises within the preceding twelve (12) months [EXCEPT AS FOLLOWS: ______ ].

b. Copies of Records. Upon written request, Landlord shall provide Tenant with redacted treatment records for the Premises and any contiguous dwelling units for the past twelve (12) months, to the extent such records exist.

[// GUIDANCE: Michigan does not impose a statewide bedbug-specific disclosure statute. These disclosures are included to satisfy emerging best practices, local ordinances, and general habitability obligations.]

3.2 Tenant’s Initial Inspection & Certification

Within seventy-two (72) hours after taking possession, Tenant shall:
1. Perform a diligent visual inspection of the Premises;
2. Complete and return to Landlord the Bedbug Certification attached hereto as Exhibit A; and
3. Identify in reasonable detail any evidence of Bedbugs discovered.

Failure to timely deliver Exhibit A shall constitute Tenant’s certification that no Bedbugs were observed upon move-in.

3.3 Ongoing Notification Duty

Tenant shall promptly (and in any event within twenty-four (24) hours) notify Landlord in writing of any suspected Bedbug Incident. Written notice may be delivered by (i) email to [LANDLORD EMAIL], (ii) certified mail, return receipt requested, or (iii) the electronic portal designated in the Lease.

3.4 Inspection & Access

a. Access. Upon reasonable notice (not less than twenty-four (24) hours except in emergencies), Tenant shall grant Landlord, the PCO, and any necessary contractors access to the Premises for inspection, remediation, and follow-up.

b. Tenant Presence. Tenant may / may not be required to vacate the Premises temporarily during treatment in accordance with the PCO’s instructions.

3.5 Treatment Obligations & Cost Allocation

a. Initial Treatment
i. If the first Bedbug Incident is reported within thirty (30) days after the Commencement Date and the PCO determines that the Premises were likely infested prior to Tenant’s occupancy, Landlord shall bear all reasonable, customary, and necessary remediation costs.
ii. Otherwise, remediation costs shall be allocated as follows:
• Landlord: structural areas, building common areas, and any additional units treated as a preventive measure.
• Tenant: all costs attributable to Contaminated Personal Property and any remediation required as a result of Tenant’s breach of this Addendum.

b. Subsequent Incidents
For any Bedbug Incident occurring after the initial treatment, cost allocation shall be determined by the documented findings of the PCO regarding source and cause.

c. Payment Procedure
Tenant-allocated costs shall be deemed additional rent and are due within ten (10) days after delivery of an itemized invoice. Non-payment constitutes a default under Section VI.

d. Mitigation Efforts by Tenant
Tenant must:
• Follow all laundering, preparation, and containment instructions issued by the PCO;
• Refrain from self-treatment with over-the-counter pesticides; and
• Not introduce used or discarded furniture without Landlord’s prior written consent.

3.6 Disposal of Contaminated Personal Property

Tenant shall dispose of Contaminated Personal Property in compliance with local refuse regulations and shall not leave such items in common areas or curbsides unless securely sealed and clearly labeled “BEDBUG INFESTED.”

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representation. Landlord represents that, as of the Effective Date, Landlord has no actual knowledge of a current Bedbug infestation in the Premises except as disclosed in Section 3.1.

4.2 Tenant Representation. Tenant represents that, to Tenant’s best knowledge, all personal property to be brought onto the Premises is Bedbug-free and has been inspected or treated as necessary.

4.3 Survival. The representations and warranties in this Section survive for ninety (90) days following termination or expiration of the Lease.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant
a. Maintain the Premises in a clean and sanitary condition to reduce harborage conditions;
b. Cooperate fully with all inspections and treatments;
c. Maintain timely payment of any Tenant-allocated remediation costs.

5.2 Negative Covenants of Tenant
a. Do not relocate Contaminated Personal Property within the building or to any other rental unit;
b. Do not obstruct or delay remediation efforts;
c. Do not withhold rent except as expressly permitted by Michigan law.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to provide timely notification under Section 3.3;
b. Failure to comply with PCO instructions;
c. Failure to pay Tenant-allocated remediation costs when due.

6.2 Notice & Cure
Landlord shall provide written notice specifying the default. Tenant has five (5) days to cure monetary defaults and forty-eight (48) hours to cure non-monetary defaults that create an immediate risk of infestation spread.

6.3 Remedies
a. Graduated Remedies:
i. Landlord may perform Tenant’s obligations at Tenant’s expense;
ii. Additional Rent assessment;
iii. Termination of Lease upon seven (7) days’ written notice if default remains uncured;
iv. Recovery of actual damages, reasonable attorney fees, and court costs.
b. Habitability Injunctive Relief: Nothing herein limits Tenant’s right to seek injunctive or other equitable relief permitted under Michigan law for habitability issues.

VII. RISK ALLOCATION

7.1 Indemnification
a. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any third-party claims, actual damages, and expenses (including reasonable attorney fees) arising out of Tenant’s breach of this Addendum or negligent acts regarding Bedbugs.
b. Landlord shall indemnify Tenant for claims arising from Landlord’s gross negligence or willful misconduct in failing to remediate an infestation once reported.

7.2 Limitation of Liability
Each party’s liability is limited to actual, direct damages. Neither party shall be liable for consequential, incidental, or punitive damages in connection with a Bedbug Incident.

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

7.4 Force Majeure
Neither party shall be liable for delay in performance solely caused by events beyond their reasonable control, excluding lack of funds or labor disputes with their own employees.

VIII. DISPUTE RESOLUTION

8.1 Governing Law: Michigan law, without regard to conflict-of-law principles.

8.2 Forum Selection: Exclusive jurisdiction and venue in the state housing court having territorial jurisdiction over the Premises.

8.3 Arbitration: The parties expressly exclude arbitration; all disputes shall be resolved in the forum stated above.

8.4 Jury Trial: Each party retains its constitutional right to a trial by jury.

8.5 Preservation of Injunctive Relief: Either party may seek temporary, preliminary, or permanent injunctive 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 is valid unless in writing and signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.

9.2 Assignment
Tenant may not assign the Lease or 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 held unenforceable, the remaining provisions shall remain in full force, and the court shall reform the unenforceable provision to the minimum extent necessary.

9.5 Integration
This Addendum, together with the Lease, constitutes the entire agreement regarding Bedbugs and supersedes all prior or contemporaneous agreements or representations.

9.6 Counterparts & Electronic Signatures
This Addendum may be executed in counterparts and by electronic signatures, each of which is deemed an original and together constitutes one instrument.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment if required by local practice]

EXHIBIT A

Tenant Bedbug Certification
(To be completed and returned within 72 hours of occupancy)

1. I, [TENANT NAME], inspected the Premises on [DATE].
2. I observed:
   ☐ No evidence of Bedbugs.
   ☐ Evidence of Bedbugs (describe): ____
3. I agree to comply with all obligations under the Bedbug Disclosure & Treatment Addendum.

Signature: _____ Date: ____

[// GUIDANCE:
1. Insert the Addendum directly after the Lease signature page and cross-reference in the Lease’s “Additional Terms” clause.
2. Where local ordinances (e.g., Detroit Property Maintenance Code) impose stricter disclosure or treatment timelines, revise Sections 3.1 and 3.5 accordingly.
3. Always attach the PCO’s written Remediation Plan once issued and reference it as an additional exhibit.]