BEDBUG DISCLOSURE ADDENDUM

To That Certain Residential Lease Agreement

(State of Mississippi)

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

This Bedbug Disclosure Addendum (this “Addendum”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LEGAL NAME OF LANDLORD], a [ENTITY TYPE/STATE] (“Landlord”), and [LEGAL NAME(S) OF TENANT(S)] (“Tenant,” whether one or more). Landlord and Tenant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the residential real property located at [PROPERTY ADDRESS] (the “Premises”).
B. In accordance with Mississippi’s Residential Landlord and Tenant Act, Miss. Code Ann. § 89-8-1 et seq., and applicable local housing codes, the Parties wish to supplement the Lease to address bedbug disclosures, prevention, treatment, and cost allocation.
C. The Parties hereby agree that this Addendum is incorporated into and made part of the Lease, and in any conflict between this Addendum and the Lease, this Addendum shall control with respect to the subject matter herein.

2. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned in the Lease.

“Bedbug(s)” means Cimex lectularius or any other insect commonly referred to as a bedbug, in any life stage.
“Infestation” means the presence of Bedbugs in any area of the Premises in sufficient number to indicate ongoing breeding or harborage.
“Inspection” means a visual and/or canine examination performed in accordance with industry standards by a Licensed Pest Control Professional.
“Licensed Pest Control Professional” means a pest control operator duly licensed under Mississippi law to perform bedbug inspections and treatments.
“Treatment” means any chemical, thermal, or other remediation method approved by the Environmental Protection Agency and Mississippi Department of Agriculture & Commerce for the eradication of Bedbugs.
“Responsible Party” has the meaning assigned in Section 7.2(b).

3. OPERATIVE PROVISIONS

3.1 Disclosure by Landlord

(a) To Landlord’s actual knowledge, the Premises [ARE / ARE NOT] currently experiencing a Bedbug Infestation.
(b) Landlord has (i) caused an Inspection of the Premises within [X] days prior to the Effective Date, and (ii) provided Tenant with a copy of the inspection report.

3.2 Initial Inspection by Tenant

Tenant shall, within forty-eight (48) hours after taking possession, conduct a reasonable visual inspection for signs of Bedbugs and shall notify Landlord in writing of any suspected Infestation. Failure to provide timely notice shall constitute prima facie evidence that no Infestation existed at move-in.

3.3 Ongoing Duty to Report

Tenant shall promptly (and in any event within twenty-four (24) hours) notify Landlord in writing upon the earlier of (i) Tenant’s discovery or (ii) reasonable suspicion of any Bedbugs or Infestation in the Premises.

3.4 Access for Inspection & Treatment

Upon not less than twenty-four (24) hours’ notice (or shorter if exigent circumstances exist), Tenant shall grant Landlord and its agents access to the Premises for Inspection or Treatment and shall comply with all reasonable preparation instructions issued by the Licensed Pest Control Professional.

3.5 Cooperation Requirements

Tenant's failure to (a) prepare the Premises, (b) launder or dispose of personal belongings, or (c) vacate as reasonably required during Treatment shall constitute a material breach of the Lease and this Addendum.

3.6 Cost Allocation

Except as otherwise provided in Section 7.2, Landlord shall bear the reasonable, customary, and necessary costs of any Inspection or Treatment required under this Addendum.

4. REPRESENTATIONS & WARRANTIES

4.1 By Landlord. Landlord represents that (a) Landlord has complied with Mississippi Code requirements for habitability, including but not limited to Miss. Code Ann. § 89-8-23(1), and (b) any prior Infestation of the Premises has been fully treated.

4.2 By Tenant. Tenant represents that (a) all furnishings, luggage, clothing, and personal property to be brought into the Premises are free of Bedbugs to the best of Tenant’s knowledge, and (b) Tenant has not experienced or discovered Bedbugs in their immediate prior residence within the past twelve (12) months, or if so, has disclosed that history to Landlord in writing.

4.3 Survival. All representations and warranties herein shall survive the expiration or earlier termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
(a) Maintain the Premises in a manner that deters Bedbugs, including regular cleaning and avoidance of discarded or untreated furniture;
(b) Comply with all written instructions from the Licensed Pest Control Professional;
(c) Refrain from applying over-the-counter pesticides or treatments without Landlord’s prior written approval.

5.2 Landlord Covenants. Landlord shall:
(a) Engage only Licensed Pest Control Professionals for any Inspection or Treatment;
(b) Provide Tenant with advance written notice of scheduled Inspection or Treatment;
(c) Provide a copy of any post-Treatment clearance letter to Tenant.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following shall constitute Events of Default:
(a) Tenant’s failure to provide access or comply with preparation instructions;
(b) Tenant’s intentional or negligent introduction of Bedbugs resulting in Infestation;
(c) Landlord’s failure to timely initiate Treatment following notice of Infestation.

6.2 Notice & Cure. The non-defaulting Party shall provide written notice describing the default and allow a cure period of:
• Tenant Defaults: seventy-two (72) hours for access or cooperation failures;
• Landlord Defaults: five (5) business days to schedule Inspection or Treatment.

6.3 Remedies.
(a) If Tenant Default: Landlord may (i) perform required actions at Tenant’s expense, (ii) recover actual damages, and/or (iii) pursue possession per the Lease and Mississippi law.
(b) If Landlord Default: Tenant may (i) seek injunctive relief compelling compliance, (ii) recover actual damages, or (iii) exercise any other right under Miss. Code Ann. § 89-8-17.

6.4 Attorneys’ Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Limitation of Liability. Each Party’s liability under this Addendum is limited to direct, actual damages; consequential, special, or punitive damages are expressly disclaimed.

7.2 Indemnification.
(a) Mutual Obligation. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and its agents against all losses arising from the Indemnifying Party’s breach of this Addendum or negligent acts regarding Bedbug control.
(b) Responsible Party. For purposes of cost allocation and indemnity, the “Responsible Party” shall be:
(i) Landlord for any Infestation existing prior to Tenant’s occupancy or arising from Landlord’s breach;
(ii) Tenant for any Infestation introduced or exacerbated by Tenant, Tenant’s guests, or invitees.
(c) Cost Recovery. The Responsible Party shall reimburse all reasonable expenses incurred by the non-Responsible Party, including Inspection, Treatment, temporary relocation, and property replacement costs.

7.3 Insurance. Landlord shall maintain property insurance customary for similarly-situated residential properties. Tenant is advised to obtain renter’s insurance covering personal property and loss-of-use.

7.4 Force Majeure. Neither Party shall be liable for delay or failure to perform obligations hereunder due to events beyond its reasonable control, excluding financial inability or negligence.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease shall be governed by and construed in accordance with the residential landlord-tenant laws of the State of Mississippi without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the [NAME OF COUNTY] County Housing Court, State of Mississippi.

8.3 Arbitration Excluded. The Parties expressly agree not to submit any dispute arising under this Addendum to arbitration.

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

8.5 Injunctive Relief. Notwithstanding any other provision, either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or access rights relating to Bedbug Inspection or Treatment.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless set forth in a written instrument executed by both Parties.

9.2 Assignment. Tenant may not assign, sublet, or transfer the Lease or this Addendum without Landlord’s prior written consent, except as required by law.

9.3 Successors & Assigns. This Addendum shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to achieve its purpose.

9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements, oral or written.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original. Signatures exchanged by electronic means (e.g., DocuSign, PDF) shall be deemed originals for all purposes.

10. EXECUTION BLOCK

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

[OPTIONAL NOTARY ACKNOWLEDGMENT – include if required by local ordinance]

[// GUIDANCE:
1. Verify no municipal ordinance imposes stricter Bedbug disclosure or treatment standards than those provided herein.
2. Insert county-specific housing court name in Section 8.2.
3. Coordinate this Addendum with any existing pest control service contracts to avoid conflicting obligations.
4. Provide Tenant with the Mississippi Bedbug Information Sheet (if available) contemporaneously with lease signing.
]