BEDBUG DISCLOSURE AND RESPONSIBILITY ALLOCATION ADDENDUM
to that certain Residential Lease Agreement for Premises Located in the State of Montana
[// GUIDANCE: This Addendum is intended for attachment to an existing Residential Lease. Insert the exact title/date of the master lease in the “Master Lease” definition below and ensure all cross-references match the primary agreement.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Initial Disclosures
3.2 Ongoing Notification Duties
3.3 Inspection, Treatment, and Access
3.4 Cost Allocation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Bedbug Disclosure and Responsibility Allocation Addendum (this “Addendum”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [STATE] [entity type] (“Landlord”); and
• [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”).
Landlord and Tenant are each a “Party” and, collectively, the “Parties.”
This Addendum supplements and is made a part of that certain residential lease agreement dated [MASTER LEASE DATE] (the “Master Lease”) covering the dwelling unit commonly known as [PROPERTY ADDRESS] (the “Unit”) located within the State of Montana (the “State” or “Montana”).
Consideration for this Addendum is the mutual promises herein, the execution of the Master Lease, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings given below. Defined terms from the Master Lease retain their respective meanings unless expressly modified herein.
“Actual Damages” means the direct, out-of-pocket losses proven and incurred by a Party, excluding any special, consequential, punitive, or exemplary damages.
“Bedbug” means Cimex lectularius or any other insect commonly referred to as a bedbug in the pest-control industry.
“Common Areas” means all shared areas of the building or complex in which the Unit is located, including lobbies, laundry rooms, hallways, and other facilities under Landlord’s control.
“Infestation” means the presence of one or more live bedbugs, cast skins, eggs, or other evidence of bedbug activity as confirmed by a Professional Pest Control Operator.
“Montana Act” means, collectively, the Montana Residential Landlord and Tenant Act and all other applicable State laws, regulations, and local ordinances governing residential tenancies.
“Professional Pest Control Operator” (“PCO”) means a pest-control company or individual holding all licenses required under Montana law to perform bedbug inspection and remediation services.
“Treatment Plan” means the regimen of inspection, chemical and/or heat treatment, follow-up visits, and Tenant cooperation instructions prescribed by a PCO to eradicate an Infestation.
3. OPERATIVE PROVISIONS
3.1 Initial Disclosures
3.1.1 Landlord’s Knowledge. To Landlord’s actual knowledge, after reasonable inquiry of its on-site management personnel and review of its service records, the Unit:
(a) [ ] has not been treated for bedbugs during the twelve (12) months immediately preceding the Effective Date;
(b) [ ] has been treated for bedbugs during the twelve (12) months immediately preceding the Effective Date (attach service report).
3.1.2 Tenant’s Inspection & Acknowledgement. Tenant represents that Tenant has inspected the Unit prior to occupancy and:
(a) [ ] found no visual evidence or indications of bedbugs; or
(b) [ ] discovered potential evidence (describe: ______) and has reported same to Landlord in writing.
3.1.3 Educational Materials. Landlord has provided Tenant with the Montana Department of Public Health and Human Services bedbug information sheet (or a substantially similar document), which Tenant acknowledges receiving and reviewing.
3.2 Ongoing Notification Duties
(a) Tenant shall promptly—no later than forty-eight (48) hours—notify Landlord in writing upon the earliest of: (i) observing any Bedbug or sign of Infestation in the Unit; or (ii) learning that any of Tenant’s personal property has been exposed to Bedbugs.
(b) Landlord shall notify Tenant in writing within a reasonable time, not to exceed seven (7) days, upon: (i) receiving a credible report of Bedbugs in an adjacent Unit or Common Area; or (ii) scheduling any inspection or Treatment Plan affecting the Unit.
3.3 Inspection, Treatment, and Access
(a) Inspection Authority. Upon reasonable notice, Landlord or its PCO may enter the Unit to conduct bedbug inspections consistent with the Montana Act.
(b) Cooperation. Tenant shall comply with all PCO instructions, including laundering, vacuuming, encasing mattresses, bagging personal property, temporary relocation within the building, and returning for follow-up inspections.
(c) Failure to Cooperate. Tenant’s failure to fully cooperate constitutes a material breach of this Addendum and the Master Lease.
(d) Re-Entry & Follow-Up. Landlord may schedule follow-up visits, and Tenant shall grant access without additional notice if the appointment time is set forth in the initial notice.
3.4 Cost Allocation
(a) Landlord Responsibility. Landlord shall bear:
(i) the reasonable costs of hiring a PCO to inspect and, if necessary, treat the Unit and Common Areas unless the Infestation is determined, by written certification of the PCO, to have been introduced by Tenant (as outlined in subsection (b) below); and
(ii) any temporary relocation costs mandated by applicable law.
(b) Tenant Responsibility. Tenant shall reimburse Landlord, as additional rent, for:
(i) all inspection and treatment costs attributable to an Infestation introduced by Tenant, Tenant’s occupants, guests, or invitees; and
(ii) additional costs arising from Tenant’s failure to comply with a Treatment Plan.
(c) Disputed Attribution. If the Parties dispute fault, a neutral PCO jointly selected and paid by the Parties shall determine attribution; such determination shall be final and binding for cost-allocation purposes.
(d) Payment Terms. Tenant reimbursements are due within thirty (30) days after written demand and supporting documentation. Amounts unpaid after such date shall accrue late fees and interest in accordance with the Master Lease.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that any treatment performed prior to Tenant’s occupancy was completed by a duly licensed PCO in accordance with manufacturer instructions and applicable law.
4.2 Except as expressly set forth in this Addendum, Landlord makes no other representations or warranties, express or implied, regarding the presence or absence of Bedbugs. All implied warranties are disclaimed to the fullest extent permitted by the Montana Act.
4.3 Tenant warrants that all personal property brought into the Unit on or after the Effective Date has been inspected and is free of Bedbugs to Tenant’s knowledge.
[// GUIDANCE: Insert any additional statutory disclosures here if local ordinance requires.]
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall not introduce into the Unit any furniture, mattresses, or personal property known or reasonably suspected to be infested with Bedbugs.
5.2 Tenant shall follow all manufacturer and PCO instructions for mattress encasements and other protective devices supplied or mandated by Landlord.
5.3 Landlord shall maintain Common Areas in a sanitary condition and promptly address any reported Infestation therein.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute Events of Default in addition to those set forth in the Master Lease:
(a) Tenant’s failure to provide timely notice of suspected Infestation;
(b) Tenant’s failure to grant access as required under Section 3.3;
(c) Tenant’s failure to cooperate with any Treatment Plan; or
(d) Tenant’s failure to pay reimbursable costs under Section 3.4(b).
6.2 Cure Periods.
(a) Monetary Defaults: three (3) business days after written notice.
(b) Non-Monetary Defaults: five (5) business days after written notice.
6.3 Remedies. Upon an Event of Default and failure to cure within the applicable period, Landlord may exercise any or all remedies available at law or in equity, including:
(i) termination of the Master Lease;
(ii) recovery of Actual Damages, costs, and attorney fees;
(iii) injunctive relief to gain access or compel Tenant cooperation.
6.4 Habitability Preservation. Nothing herein shall be construed to waive or diminish Tenant’s statutory rights to seek injunctive relief or other remedies for habitability issues under the Montana Act.
7. RISK ALLOCATION
7.1 Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and its agents, employees, and contractors against Actual Damages arising out of or relating to: (a) the Indemnifying Party’s breach of this Addendum; or (b) the negligence or willful misconduct of the Indemnifying Party or its invitees in connection with any Infestation.
7.2 Limitation of Liability. To the extent permitted by law, each Party’s liability under this Addendum is limited to Actual Damages and expressly excludes special, consequential, punitive, or exemplary damages.
7.3 Insurance. Tenant is encouraged, but not required, to obtain renters’ insurance covering losses related to Bedbug Infestations and temporary relocation expenses.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the laws of the State of Montana, including the Montana Act, without regard to its conflict-of-laws principles.
8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the [COUNTY NAME] State Housing Court (or, if no specialized housing court exists, the appropriate court of competent jurisdiction sitting in [COUNTY NAME], Montana).
8.3 Arbitration. Arbitration is expressly excluded; all disputes shall be resolved in the designated court.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of either Party’s constitutional right to a jury trial.
8.5 Injunctive Relief. Each Party reserves the right to seek temporary, preliminary, or permanent injunctive relief relating to habitability or access without the necessity of 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 writing signed by both Parties. A waiver on one occasion is not a waiver of any subsequent breach.
9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as expressly permitted by the Master Lease.
9.3 Successors & Assigns. This Addendum is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns.
9.4 Severability. Any provision deemed invalid or unenforceable shall be severed and the remainder of the Addendum enforced as written to the fullest extent permitted by law. The court is authorized to reform any invalid provision to preserve the Parties’ original intent to the maximum extent lawful.
9.5 Integration. This Addendum and the Master Lease constitute the entire agreement between the Parties regarding Bedbugs, superseding 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, and all of which constitute one document. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are binding and enforceable.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD NAME]
By: _____
Name: [PRINTED NAME]
Title: [IF ENTITY]
Date: _____
TENANT(S):
1. ______ Date: __
2. ______ Date: __
3. ______ Date: __
[// GUIDANCE: Add additional signature lines as needed for all adult occupants.]
NOTARY ACKNOWLEDGMENT (if required under local law)
State of Montana )
County of ____ )
On this _ day of __, 20__, before me, the undersigned Notary Public, personally appeared __________, known to me (or proven on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
Notary Public for the State of Montana
My commission expires: ___
[// GUIDANCE: Review local ordinances for additional mandatory language or disclosures—especially in cities or counties with specific bedbug ordinances. Tailor notice periods, access times, and cost-allocation rules to align with the most current regulations.]