BEDBUG INFESTATION DISCLOSURE AND ADDENDUM

to Residential Lease Agreement – State of Minnesota

[// GUIDANCE: This Addendum is intended for use with residential lease agreements governed by Minnesota law. Insert the Property address, Landlord and Tenant legal names exactly as they appear in the underlying lease.]

This Bedbug Infestation Disclosure and Addendum (“Addendum”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LEGAL NAME OF LANDLORD] (“Landlord”) and [LEGAL NAME OF TENANT(S)] (individually and collectively, “Tenant”), each a “Party” and together the “Parties,” and is incorporated into and made part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the real property commonly known as [PROPERTY ADDRESS] (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

I. DOCUMENT HEADER

A. Purpose. The Parties enter into this Addendum to comply with Minnesota landlord–tenant law, including but not limited to Minn. Stat. ch. 504B, and to allocate responsibilities regarding prevention, disclosure, treatment, and remediation of bedbug infestations.
B. Consideration. The mutual promises contained herein and in the Lease constitute good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
C. Supersession. In the event of a direct conflict between the terms of this Addendum and the Lease, the terms of this Addendum shall control with respect to bedbug-related matters.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; undefined capitalized terms have the meanings ascribed in the Lease.

1. “Actual Damages” – The proven, out-of-pocket costs directly arising from a Party’s breach of this Addendum, excluding consequential, speculative, incidental, punitive, or exemplary damages.
2. “Bedbug” – Cimex lectularius and any other blood-feeding insect commonly referred to as a bedbug, at any life stage.
3. “Bedbug Treatment” – Any inspection, pesticide application, heat treatment, or other generally-accepted method undertaken by a licensed pest control professional to eradicate Bedbugs.
4. “Common Areas” – The shared or public portions of the Premises or of the building in which the Premises are located, as defined in the Lease.
5. “Infestation” – The presence of live Bedbugs, Bedbug eggs, casings, or fecal spotting, as confirmed by visual inspection or by a licensed pest control professional.
6. “Licensed Pest Control Professional” – A person or entity duly licensed or certified under applicable Minnesota law to perform pest control services and Bedbug Treatment.
7. “Preventive Measures” – Reasonable, industry-standard actions to minimize the risk of introducing or spreading Bedbugs, including but not limited to proper laundering, inspection of personal property, and maintenance of cleanliness.

III. OPERATIVE PROVISIONS

3.1 Disclosure of Prior Infestation.
a. Landlord hereby discloses that to the best of Landlord’s knowledge, based on [select one] [ ] no prior Bedbug Infestation has occurred at the Premises within the past twelve (12) months [ ] the following Infestation was treated: [DETAILS/DATE].
b. Tenant acknowledges receipt of this disclosure prior to occupancy.

3.2 Initial Inspection and Reporting.
a. Tenant shall, within five (5) calendar days after the Commencement Date, perform a visual inspection of the Premises and shall notify Landlord in writing of any evidence of Bedbugs.
b. Failure to timely notify shall constitute prima facie evidence that no Infestation existed at move-in.

3.3 Ongoing Duty to Notify.
Tenant shall promptly (and in any event within twenty-four (24) hours) notify Landlord in writing upon discovery or reasonable suspicion of Bedbugs in the Premises or Common Areas.

3.4 Access for Inspection/Treatment.
Landlord and its agents may enter the Premises, upon at least twenty-four (24) hours’ prior notice (or such shorter period as permitted by Minn. Stat. § 504B.211 in an emergency), to conduct inspection or Bedbug Treatment. Tenant shall not unreasonably withhold consent.

3.5 Cooperation.
Tenant shall:
i. comply with all instructions of the Licensed Pest Control Professional;
ii. prepare the Premises (e.g., laundering, decluttering, bagging of personal property); and
iii. grant Landlord continuous access as reasonably necessary to complete Bedbug Treatment.

3.6 Cost Allocation.
a. If an Infestation is discovered within thirty (30) days of the Commencement Date and Tenant has complied with Section 3.2, Landlord shall bear the cost of Bedbug Treatment.
b. Thereafter, costs shall be allocated as follows:
(i) Landlord shall pay for Infestations originating in the building structure or Common Areas not caused by Tenant.
(ii) Tenant shall reimburse Landlord for Bedbug Treatment costs where the Infestation is reasonably attributable to Tenant’s acts, omissions, or personal property.
(iii) In situations where responsibility is indeterminable, costs shall be shared [ALLOCATE PERCENTAGE OR FORMULA].

3.7 Habitability.
Nothing herein diminishes Landlord’s statutory obligation to maintain the Premises in fit and habitable condition under Minn. Stat. § 504B.161.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Representations.
a. Landlord has no knowledge of any existing Bedbug Infestation in the Premises except as expressly disclosed herein.
b. Landlord shall employ only Licensed Pest Control Professionals for inspection and Bedbug Treatment.

4.2 Tenant’s Representations.
a. Tenant represents that all personal property moved into the Premises is Bedbug-free.
b. Tenant has not experienced a Bedbug Infestation in any prior residence within the last twelve (12) months [or, if yes, disclose details].

4.3 Survival.
The foregoing representations shall survive the termination or expiration of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
a. Implement Preventive Measures at all times;
b. Not introduce used bedding, upholstered furniture, or similar items without prior inspection;
c. Maintain the Premises in a sanitary condition so as not to contribute to Infestation.

5.2 Landlord Covenants. Landlord shall:
a. Maintain Common Areas free from conditions conducive to Infestation;
b. Provide Tenant with written preparation and follow-up instructions for any Bedbug Treatment;
c. Keep records of inspections and treatments for at least three (3) years and make them available to Tenant upon request.

5.3 Prohibited Actions.
Neither Party shall apply over-the-counter pesticides or attempt self-treatment without prior written consent of the other Party.

5.4 Notice & Cure.
Except for emergencies, a Party alleging breach of this Addendum shall give the other Party written notice and a seven-(7-) day opportunity to cure before exercising remedies.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Tenant’s failure to provide required access, notifications, or cooperation;
b. Landlord’s failure to initiate Bedbug Treatment within five (5) business days after confirmed Infestation;
c. Material breach of any covenant herein.

6.2 Remedies.
a. Non-breaching Party may recover Actual Damages and seek equitable relief, including injunctions for habitability.
b. Tenant may pursue statutory rent escrow or repair remedies under Minn. Stat. ch. 504B if Landlord fails to maintain habitability.
c. Landlord may recover costs of Bedbug Treatment as Additional Rent subject to the Lease’s default clauses.

6.3 Attorneys’ Fees.
The substantially prevailing Party in any action arising under this Addendum shall be entitled to reasonable attorneys’ fees and costs, as permitted by Minnesota law.

VII. RISK ALLOCATION

7.1 Indemnification.
a. Landlord shall indemnify, defend, and hold Tenant harmless from Actual Damages arising out of Landlord’s breach of its obligations under this Addendum or Landlord’s negligence in Bedbug Treatment.
b. Tenant shall indemnify, defend, and hold Landlord harmless from Actual Damages arising out of Infestations introduced by Tenant or Tenant’s breach of this Addendum.

7.2 Limitation of Liability.
Each Party’s liability to the other for claims arising under this Addendum shall be limited to Actual Damages; all consequential, special, or punitive damages are disclaimed to the fullest extent permitted by law.

7.3 Insurance.
Tenant is advised to obtain renter’s insurance covering personal property damage due to Bedbugs. Landlord shall maintain property insurance covering structural elements.

7.4 Force Majeure.
Neither Party shall be liable for delay in performance caused by events beyond its reasonable control, except obligations to pay money.

VIII. DISPUTE RESOLUTION

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

8.2 Forum Selection.
Any litigation arising hereunder shall be filed exclusively in the Minnesota Housing Court having jurisdiction over the Premises, subject to statutory venue requirements.

8.3 Arbitration.
The Parties expressly opt out of arbitration for disputes arising under this Addendum.

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

8.5 Injunctive Relief.
Either Party may seek injunctive or equitable relief, including orders for Bedbug Treatment or habitability compliance, in a court of competent jurisdiction.

IX. GENERAL PROVISIONS

9.1 Amendments.
This Addendum may be amended only by a written instrument signed by both Parties.

9.2 Waiver.
No waiver of any breach shall be deemed a waiver of any subsequent breach.

9.3 Assignment.
Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as otherwise provided by Minnesota law.

9.4 Severability.
If any provision of this Addendum is held invalid, the balance shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary.

9.5 Integration.
This Addendum, together with the Lease, constitutes the entire agreement of the Parties regarding Bedbugs 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 transmitted electronically shall be binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Bedbug Infestation Disclosure and Addendum as of the Effective Date.

[// GUIDANCE: Add additional signature blocks as needed for multiple tenants or co-landlords. Notarization is not required under Minnesota law for residential leases, but may be added if desired.]