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RESIDENTIAL LEASE ADDENDUM

BEDBUG DISCLOSURE & TREATMENT PROTOCOL

(Missouri Jurisdiction)

[// GUIDANCE: Attach this Addendum to, and incorporate it by reference into, the underlying Residential Lease Agreement (the “Lease”). Capitalized terms used but not defined herein 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

1.1 Parties. This Bedbug Disclosure & Treatment Protocol Addendum (the “Addendum”) is entered into by and between [LANDLORD LEGAL NAME], a [state & entity type] (“Landlord”), and [TENANT LEGAL NAME(S)] (“Tenant,” whether one or more).

1.2 Recitals.
A. Landlord and Tenant have entered into that certain Residential Lease Agreement dated [DATE] (the “Lease”) for the Premises located at [PROPERTY ADDRESS] (the “Premises”).
B. Missouri recognizes an implied warranty of habitability. While no Missouri statute specifically regulates bedbug disclosures, local ordinances and best-practice standards impose duties on both Landlord and Tenant to maintain the Premises in a condition fit for human habitation and free from vermin.
C. The parties desire to set forth their respective rights and obligations regarding bedbug inspection, disclosure, treatment, and cost allocation in order to reduce health risks, preserve habitability, and allocate responsibility consistent with Missouri landlord-tenant law.

1.3 Effective Date. This Addendum is effective as of the [EFFECTIVE DATE] (the “Effective Date”).

1.4 Governing Document. In the event of conflict between this Addendum and the Lease, the terms of this Addendum control solely with respect to the subject matter herein.


II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. Defined terms appear in alphabetical order and are used with initial capital letters throughout this Addendum.

“Actual Damages” – The out-of-pocket costs reasonably incurred and documented by a party, exclusive of consequential, incidental, punitive, or exemplary damages.

“Bedbug(s)” – The common bedbug (Cimex lectularius) or any similar parasitic insect as determined by a Qualified Pest Control Professional.

“Bedbug Incident” – A verified presence or reasonable suspicion of Bedbugs in the Premises, any adjoining residential unit, or common area of the property.

“Disclosure Statement” – Landlord’s written statement set forth in Section III.1 regarding any known Bedbug history at the Premises.

“Inspection” – A visual or canine-assisted examination for Bedbugs performed by a Qualified Pest Control Professional.

“Qualified Pest Control Professional” (“QPCP”) – A pest management company or individual duly licensed, certified, or otherwise authorized under Missouri law to perform pest control services.

“Remedial Work” – Any treatment, remediation, or mitigation procedure designed to eliminate Bedbugs, including without limitation pesticide application, heat treatment, vacuuming, laundering, or disposal of personal property.

“Treatment Plan” – A written remediation plan prepared by the QPCP outlining recommended Remedial Work, follow-up Inspections, and Tenant preparation requirements.


III. OPERATIVE PROVISIONS

  1. Disclosure Requirements.
    1.1 Landlord Disclosure. Pursuant to industry best practices and local public-health guidelines, Landlord hereby states to the best of Landlord’s knowledge and belief, after reasonable inquiry:
    (a) [ ] No Bedbug Incident has occurred in the Premises within the twelve (12) months preceding the Effective Date.
    (b) [ ] A Bedbug Incident has occurred in the Premises or an adjoining unit within the twelve (12) months preceding the Effective Date. Details: [DESCRIBE].
    [// GUIDANCE: Check the appropriate box and supply details. Attach additional documentation if required by any municipal ordinance.]
    1.2 Tenant Acknowledgment. Tenant acknowledges receipt of the above Disclosure Statement and agrees that it is adequate for purposes of entering into the Lease.

  2. Initial Inspection. Landlord shall, at Landlord’s sole cost, arrange for an Inspection of the Premises to be performed within [NUMBER] days prior to Tenant’s initial occupancy. Landlord shall provide Tenant with a copy of the Inspection report.

  3. Ongoing Notification Obligations.
    3.1 Tenant Notice. Tenant shall promptly notify Landlord in writing of any condition reasonably suspected to be related to Bedbugs, including bites, sightings, or unexplained stains. Notice shall be given within twenty-four (24) hours after discovery.
    3.2 Landlord Response. Within five (5) business days after receipt of Tenant’s notice, Landlord shall schedule an Inspection by a QPCP.

  4. Treatment Obligations & Cost Allocation.
    4.1 Initial or Building-Originated Infestation. If an Inspection confirms a Bedbug Incident not caused by Tenant’s negligence, willful misconduct, or violation of Section V, Landlord shall:
    (a) Retain and pay a QPCP to prepare a Treatment Plan;
    (b) Bear all reasonable costs of Remedial Work, including follow-up Inspections; and
    (c) Provide Tenant with written notice of treatment dates at least forty-eight (48) hours in advance or as otherwise required by local law.
    4.2 Tenant-Caused Infestation. If the QPCP reasonably determines that the Bedbug Incident was introduced or exacerbated by Tenant, Tenant’s occupants, guests, or personal property, Tenant shall:
    (a) Reimburse Landlord for all costs of Inspection and Remedial Work within [10] days after presentation of an itemized invoice;
    (b) Pay for temporary relocation or personal property replacement, if required; and
    (c) Bear responsibility for any damages to adjoining units caused by Tenant’s failure to comply with the Treatment Plan.
    4.3 Shared Responsibility. If fault is indeterminable or shared, costs shall be allocated [50/50] (or as the QPCP may apportion in writing).

  5. Access for Remedial Work. Tenant shall provide Landlord, the QPCP, and their agents with reasonable access to the Premises for Inspections and Remedial Work, subject to at least twenty-four (24) hours’ prior notice, unless an emergency exists. Failure to grant access constitutes a material breach of this Addendum and the Lease.

  6. Temporary Relocation. Landlord may, but is not obligated to, offer comparable temporary accommodations during Remedial Work. Unless required by Section 4.1, Tenant shall bear all relocation costs.


IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full authority and legal capacity to execute and perform this Addendum.

4.2 Landlord’s Limited Warranty. Subject to Section VII (Limitation of Liability), Landlord warrants that any Remedial Work will be performed in a commercially reasonable manner by a QPCP.

4.3 Tenant Representations. Tenant represents and warrants that:
(a) Tenant has examined all personal property to be moved into the Premises and believes it to be free of Bedbugs;
(b) Tenant will not introduce into the Premises any furniture, luggage, or other property known or reasonably suspected to be infested; and
(c) Tenant will comply with all preparatory and post-treatment instructions provided in the Treatment Plan.

4.4 Survival. The representations and warranties in this Addendum survive termination or expiration of the Lease for a period of twelve (12) months.


V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
(a) Maintain the Premises in a clean, sanitary condition so as to discourage pest harborage;
(b) Cooperate fully with the QPCP, including laundering, bagging, or discarding personal items as directed;
(c) Not apply over-the-counter pesticides without Landlord’s prior written consent; and
(d) Not knowingly sublet or assign the Premises to any person with an active Bedbug problem.

5.2 Landlord Covenants. Landlord shall:
(a) Comply with applicable public-health codes and housing standards;
(b) Keep common areas in a reasonably Bedbug-free condition; and
(c) Maintain records of all Bedbug Inspections and treatments for at least three (3) years and, upon written request, provide Tenant with non-confidential portions thereof.


VI. DEFAULT & REMEDIES

6.1 Tenant Default. Any failure by Tenant to: (i) timely report a suspected Bedbug Incident; (ii) grant access for Inspection or Remedial Work; (iii) comply with the Treatment Plan; or (iv) pay amounts due under Section 4 constitutes a material default.

6.2 Landlord Remedies. Upon Tenant default, Landlord may pursue one or more of the following, subject to Missouri law and any notice-and-cure requirements in the Lease:
(a) Demand specific performance;
(b) Recover Actual Damages, including reasonable attorneys’ fees;
(c) Perform Remedial Work and charge the cost to Tenant as additional rent;
(d) Terminate the Lease and recover possession; and/or
(e) Seek injunctive relief to protect habitability and public health.

6.3 Landlord Default. Failure by Landlord to comply with Sections 3 or 4.1 after written notice and a reasonable cure period of [5] business days constitutes a default. Tenant’s sole remedies are:
(a) Abatement of rent proportionate to loss of use;
(b) Reimbursement of Tenant-paid treatment costs performed by a QPCP; and
(c) Termination of the Lease if habitability is materially impaired and Landlord fails to cure within thirty (30) days.


VII. RISK ALLOCATION

7.1 Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its agents, and employees from and against any third-party claims, suits, or demands arising out of the Indemnifying Party’s breach of this Addendum or gross negligence in Bedbug management.

7.2 Limitation of Liability. Except for (i) a party’s willful misconduct or gross negligence, (ii) unpaid rent, or (iii) indemnification obligations under Section 7.1, each party’s liability under this Addendum is limited to Actual Damages.

7.3 Insurance. Landlord shall maintain property insurance covering Remedial Work to building systems. Tenant is advised to obtain renters’ insurance covering personal property loss arising from pests.

7.4 Force Majeure. Neither party is liable for delays in Inspection or Remedial Work caused by events beyond reasonable control (e.g., supply-chain disruptions, governmental restrictions), provided that the affected party promptly notifies the other and resumes performance as soon as practicable.


VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-laws principles.

8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [NAME OF COUNTY] Housing Court (or such other Missouri court of competent jurisdiction) for any dispute arising out of or relating to this Addendum or the Lease.

8.3 Arbitration Excluded. The parties expressly decline to submit disputes to arbitration.

8.4 Jury Trial. Nothing herein constitutes a waiver of either party’s right to a trial by jury as protected under the Missouri Constitution.

8.5 Injunctive Relief. Notwithstanding any other provision, either party may seek temporary, preliminary, or permanent injunctive relief to protect habitability or enforce access for Remedial Work.


IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision of this Addendum is effective unless in writing signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

9.3 Successors & Assigns. This Addendum inures to the benefit of and binds the parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be reformed to the minimum extent necessary to render it enforceable.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties regarding Bedbugs and supersedes all prior or contemporaneous oral or written agreements on that subject.

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


X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Bedbug Disclosure & Treatment Protocol Addendum as of the Effective Date.

LANDLORD TENANT
[LANDLORD LEGAL NAME] [TENANT LEGAL NAME]
By: _________ _________
Name: [PRINTED NAME] Name: [PRINTED NAME]
Title: [IF APPLICABLE] Date: ___
Date: ___

[// GUIDANCE: Add additional signature lines if multiple tenants. Notarization is not typically required for residential lease addenda in Missouri, but verify any local ordinance that may mandate acknowledgment.]


END OF DOCUMENT

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