RESIDENTIAL LEASE ADDENDUM

BEDBUG DISCLOSURE, PREVENTION & ALLOCATION OF RESPONSIBILITIES

(North Carolina)

[// GUIDANCE: 1) This Addendum is intended to be attached to and incorporated into an existing Residential Lease Agreement (the “Lease”).
2) Replace all bracketed items with deal-specific information.
3) Do not file this Addendum as a stand-alone document—record retention should match that of the Lease. ]

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

1.1 Title; Parties. This Residential Lease Addendum – Bedbug Disclosure, Prevention & Allocation of Responsibilities (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”) with reference to the dwelling located at [PREMISES ADDRESS] (the “Premises”) and the Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”).

1.2 Consideration. The parties enter into this Addendum in consideration of their mutual promises herein and the execution or continuation of the Lease.

1.3 Jurisdiction. This Addendum shall be governed by and construed in accordance with the laws of the State of North Carolina, including without limitation the North Carolina Residential Rental Agreements Act, N.C. Gen. Stat. § 42-38 et seq.

2. DEFINITIONS

For purposes of this Addendum (alphabetical listing):

“Addendum” has the meaning set forth in Section 1.1.

“Bedbug” means Cimex lectularius or any other insect commonly referred to as a “bedbug,” in any stage of development.

“Confirmation Period” means the thirty (30) calendar days immediately following Tenant’s initial occupancy of the Premises.

“Infestation” means the presence of one (1) or more live Bedbugs, Bedbug eggs, or Bedbug casings within the Premises, as confirmed by a Professional Pest Control Provider.

“Professional Pest Control Provider” means a pest management company duly licensed in North Carolina to perform Bedbug inspection, treatment, and remediation services.

“Treatment” means any inspection, chemical or non-chemical eradication, follow-up monitoring, and associated services reasonably necessary to eliminate an Infestation, as determined by a Professional Pest Control Provider in accordance with industry standards.

3. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum is hereby incorporated into and made part of the Lease. Any conflict between this Addendum and the Lease shall be resolved in favor of the more stringent pest-control requirement.

3.2 Initial Delivery Condition.
(a) Landlord Disclosure. Landlord represents that, to Landlord’s actual knowledge, the Premises were inspected within seven (7) days prior to the Effective Date and were found to be free of any Bedbug Infestation.
(b) Tenant Pre-Occupancy Inspection. Prior to taking possession, Tenant shall be afforded reasonable opportunity to conduct, at Tenant’s cost, a visual Bedbug inspection. Tenant shall either:
 (i) deliver written confirmation that no Infestation was observed; or
 (ii) immediately notify Landlord in writing of any suspected Infestation. Failure to provide such notice prior to occupancy constitutes Tenant’s acknowledgement that the Premises are free of Bedbugs as of the commencement of the Confirmation Period.

3.3 Ongoing Duty to Report. Tenant shall promptly (and in any event within forty-eight (48) hours) notify Landlord in writing upon discovering or suspecting any Bedbug activity.

3.4 Access for Inspection & Treatment. Upon at least twenty-four (24) hours’ notice (except in emergency conditions, when no notice is required), Tenant shall grant Landlord, Landlord’s agents, and any Professional Pest Control Provider reasonable access to the Premises for inspection and Treatment. Tenant shall comply with all preparatory and follow-up instructions provided by such provider.

3.5 Personal Property Introductions. Tenant shall not introduce into the Premises any mattresses, upholstered furniture, bedding, clothing, or other personal property known or reasonably suspected to harbor Bedbugs. Tenant assumes all risk and liability for Infestations arising from items Tenant introduces into the Premises.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations. Landlord represents and warrants that:
(a) Landlord has complied with its duty to maintain the Premises in a fit and habitable condition, including the absence of Bedbugs, as required by N.C. Gen. Stat. § 42-42 (2023); and
(b) any Treatment performed prior to Tenant’s occupancy was completed by a Professional Pest Control Provider utilizing industry-accepted methods.

4.2 Tenant Representations. Tenant represents and warrants that:
(a) all personal property to be brought into the Premises has been inspected and is free of Bedbugs to the best of Tenant’s knowledge;
(b) Tenant has not experienced a Bedbug Infestation in the twelve (12) months preceding the Effective Date, or if so, Tenant has fully remediated such Infestation prior to the date hereof.

4.3 Survival. The representations and warranties set forth in this Section 4 shall survive the termination or expiration of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants. Landlord shall:
(a) deliver the Premises free from Infestation at the commencement of the Lease;
(b) engage, at Landlord’s expense (subject to Section 7.1), a Professional Pest Control Provider to perform any Treatment required within the Confirmation Period or attributable to causes other than Tenant’s breach of this Addendum;
(c) provide Tenant with written notice of Treatment schedules and preparatory requirements.

5.2 Tenant Covenants. Tenant shall:
(a) maintain the Premises in a sanitary condition so as not to attract Bedbugs or other pests, as required by N.C. Gen. Stat. § 42-43 (2023);
(b) fully comply with all preparatory and follow-up instructions issued by Landlord or the Professional Pest Control Provider, including laundering, bagging, or discarding personal property where recommended;
(c) bear the cost of replacing or treating personal property belonging to Tenant;
(d) refrain from re-introducing Infestation following Treatment.

5.3 Prohibited Acts. Failure by Tenant to provide access or to comply with preparatory instructions shall constitute a material violation of the Lease.

6. DEFAULT & REMEDIES

6.1 Tenant Default. The following shall constitute events of default by Tenant:
(a) failure to timely report suspected Infestation;
(b) failure to grant access for inspection/Treatment;
(c) introduction of infested personal property;
(d) non-compliance with preparatory/follow-up instructions.

6.2 Landlord Remedies. Upon Tenant default, Landlord may, after any legally required notice and cure period:
(a) perform Treatment and charge all reasonable, documented costs to Tenant as Additional Rent;
(b) declare a material breach of the Lease and pursue termination or eviction remedies;
(c) recover actual damages, including reasonable attorneys’ fees as provided in the Lease or by statute.

6.3 Landlord Default. Failure by Landlord to schedule and complete Treatment for an Infestation not caused by Tenant within a commercially reasonable time (not to exceed fourteen (14) days after notice, absent force majeure) shall constitute Landlord default. Tenant may pursue remedies available under applicable law, including rent abatement, injunctive relief to compel Treatment, and recovery of actual damages.

7. RISK ALLOCATION

7.1 Cost Allocation.
(a) Confirmation Period. If an Infestation is confirmed during the Confirmation Period and is not attributable to Tenant’s breach, Landlord shall bear 100% of Treatment costs.
(b) Post-Confirmation Period. Thereafter, costs shall be allocated as follows:
 (i) Tenant At Fault. Tenant bears 100% of Treatment costs (including follow-up inspections) if the Infestation is reasonably attributable to Tenant’s negligence, willful misconduct, or violation of this Addendum.
 (ii) No Fault. If no party is at fault, costs shall be shared equally (50%/50%).
[// GUIDANCE: Parties may adjust cost-sharing ratios as commercially negotiated.]

7.2 Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all third-party claims, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to (i) Tenant’s breach of this Addendum, or (ii) any Infestation traceable to Tenant’s personal property or actions, except to the extent caused by Landlord’s negligence or willful misconduct.

7.3 Limitation of Liability. Neither party shall be liable to the other for any punitive, exemplary, or consequential damages arising out of an Infestation; liability is limited to actual, out-of-pocket damages.

7.4 Insurance. Tenant is strongly advised, but not required, to obtain renter’s insurance covering Bedbug-related personal property losses. Landlord shall maintain property insurance customary for similar properties.

7.5 Force Majeure. Neither party shall be liable for delays in performing Treatment caused by events beyond their reasonable control, excluding financial inability.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the laws of the State of North Carolina without regard to conflict-of-law principles.

8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the [COUNTY] County Small Claims or District Court (Housing Division), or such other state court having jurisdiction over residential housing matters (the “Designated Court”).

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

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

8.5 Injunctive Relief. Notwithstanding anything to the contrary in the Lease, either party may seek temporary, preliminary, or permanent injunctive relief in the Designated Court to enforce compliance with habitability and Treatment obligations.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment to this Addendum shall be effective unless in writing and signed by both parties. No waiver shall be deemed a continuing waiver unless expressly stated.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted under the Lease.

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

9.4 Severability. If any provision of this Addendum is held unenforceable, the remainder shall be enforced to the maximum extent permissible, and the unenforceable provision shall be reformed to reflect the parties’ original intent as closely as possible.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties with respect to 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 shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, PDF, or e-signature platform shall be deemed original signatures.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.

| (Add additional signature lines for all adult occupants) |

[OPTIONAL NOTARIZATION BLOCK]
State of North Carolina
County of ______

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ____, known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

Witness my hand and official seal.

Notary Public
My Commission Expires: _______

[// GUIDANCE:
1. Confirm local county court jurisdiction names before finalizing Section 8.2.
2. Attach any inspection reports or treatment schedules as exhibits if available.
3. Provide Tenant with educational materials on Bedbug detection and prevention as recommended by the NC Department of Health and Human Services. ]