BEDBUG DISCLOSURE & TREATMENT ADDENDUM

To That Certain Residential Lease Agreement Dated [LEASE DATE]

(North Dakota – Governed by Applicable State Landlord-Tenant Law)

I. DOCUMENT HEADER

1. Parties. This Bedbug Disclosure & Treatment Addendum (this “Addendum”) is entered into by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT FULL LEGAL NAME(S)] (“Tenant,” and together with Landlord, the “Parties”).
2. Premises. The real property and dwelling unit located at [STREET ADDRESS, CITY, ND ZIP] (the “Premises”) and leased pursuant to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
3. Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is incorporated into and made part of the Lease.
4. Consideration & Purpose. In consideration of the mutual covenants herein and to comply with North Dakota health, safety, and habitability requirements, the Parties desire to allocate rights and responsibilities regarding the inspection for, disclosure of, and treatment of Cimex lectularius (bedbugs) at the Premises.

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below (terms listed alphabetically; cross-references are to this Addendum unless otherwise stated):

“Actual Damages” – Direct, out-of-pocket losses proven with reasonable documentation, excluding any consequential, incidental, punitive, or special damages.

“Addendum” – This Bedbug Disclosure & Treatment Addendum, including all attachments, exhibits, and schedules hereto.

“Applicable Law” – All statutes, regulations, ordinances, and case law governing landlord-tenant relations and habitability standards in the State of North Dakota, as the same may be amended from time to time.

“Bedbug” or “Bedbugs” – Cimex lectularius at any life stage (egg, nymph, or adult).

“Disclosure Date” – The date Landlord provides Tenant with the Bedbug Status Disclosure under Section III.1(a).

“Inspection” – A visual and/or canine inspection conducted by a Professional Pest Control Provider in accordance with industry best practices.

“Infestation” – The presence of one or more live Bedbugs, viable eggs, cast skins, or other verifiable evidence that Bedbugs are or recently were present in the Premises.

“Professional Pest Control Provider” – A pest management company properly licensed to operate in North Dakota, employing technicians certified in bedbug detection and treatment.

“Treatment” – Any heat, chemical, cryogenic, fumigation, or other professionally-recommended intervention performed by a Professional Pest Control Provider to eliminate Bedbugs from the Premises and Tenant’s personal property.

III. OPERATIVE PROVISIONS

1. Landlord’s Bedbug Status Disclosure.
   a. On or before the Disclosure Date, Landlord shall provide Tenant a written statement (attached hereto as Exhibit A) disclosing (i) the results of Landlord’s pre-occupancy Inspection, and (ii) any knowledge of past or present Infestations at the Premises or in adjacent units within the preceding twelve (12) months.
   b. Landlord represents that an Inspection of the Premises was performed on or about [INSPECTION DATE] by [PEST COMPANY NAME].
   c. Landlord shall promptly update the disclosure if Landlord becomes aware of new information materially affecting the accuracy of Exhibit A prior to Tenant’s move-in.

2. Tenant Pre-Occupancy Obligations.
   a. Prior to initial occupancy, Tenant shall complete Exhibit B (Tenant Bedbug History & Move-In Certification) and return the same to Landlord.
   b. Tenant shall not bring to the Premises any personal property known or reasonably suspected to be infested with Bedbugs.

3. Ongoing Notification & Cooperation.
   a. Tenant shall provide Landlord with written notice of any suspected Infestation within twenty-four (24) hours of discovery.
   b. Following notice, Tenant shall:
   i. Grant Landlord and the Professional Pest Control Provider reasonable access to the Premises for Inspection and Treatment in accordance with notice requirements under the Lease and Applicable Law;
   ii. Prepare the Premises for Treatment per the provider’s written instructions (e.g., laundering, sealing, decluttering);
   iii. Refrain from attempting any self-treatment (sprays, foggers, etc.) absent Landlord’s written consent.

4. Treatment Protocol & Schedule.
   a. Landlord shall, within a commercially reasonable time after receipt of Tenant’s notice (or Landlord’s own discovery) of suspected Infestation, arrange and pay for an Inspection.
   b. If an Infestation is confirmed:
   i. Landlord shall cause a Treatment to be initiated within seven (7) calendar days of confirmation, subject to provider availability and weather-related constraints;
   ii. Follow-up Treatments shall be scheduled as reasonably recommended until the Premises is certified clear.
   c. Tenant’s temporary relocation, if required by the provider, shall be at Tenant’s expense unless otherwise required by Applicable Law.

5. Cost Allocation.
   a. Presumptive Allocation. Absent proof of Tenant Cause, Landlord shall bear the reasonable cost of Inspection and Treatment.
   b. Tenant-Caused Infestation. If the Professional Pest Control Provider’s written report reasonably attributes the Infestation to Tenant’s (i) introduction of infested personal property, or (ii) material breach of this Addendum, then:
   i. Tenant shall reimburse Landlord for all reasonable costs of Inspection, Treatment, and related repairs within thirty (30) days after Landlord’s written demand and supporting invoices; and
   ii. Such amounts shall constitute Additional Rent recoverable under the Lease.
   c. Shared Facilities. If the Infestation source is indeterminate or originates from common areas or another unit, costs shall be allocated in accordance with Applicable Law or, absent such law, borne by Landlord.

6. Habitability; Rent Abatement.
   a. If Landlord fails to initiate Treatment within the timeframe required under Section III.4, Tenant may exercise any statutory habitability remedies, including but not limited to limited rent withholding or repair-and-deduct, strictly in accordance with Applicable Law.
   b. Rent abatement shall be limited to the portion of the Premises rendered uninhabitable during Treatment and only for the duration of such uninhabitable condition.

7. Addendum Controls. In the event of any conflict between this Addendum and the Lease, the terms of this Addendum shall control solely with respect to Bedbugs.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord’s Representations & Warranties. Landlord represents and warrants that, to the best of Landlord’s current, actual knowledge and except as disclosed in Exhibit A:
   a. The Premises is free of active Bedbug Infestation as of the Effective Date; and
   b. Landlord is unaware of any unsatisfied governmental notice or order relating to Bedbugs at the Premises.
   These representations survive for thirty (30) days following Tenant’s initial occupancy and shall automatically terminate thereafter.

2. Tenant’s Representations & Warranties. Tenant represents and warrants that:
   a. Tenant has accurately completed Exhibit B and disclosed any history of Bedbug exposure;
   b. Tenant is not knowingly moving bedbug-infested personal property into the Premises; and
   c. Tenant will comply with all preparatory and post-Treatment instructions.
   The foregoing representations are deemed material and shall survive for the Term of the Lease.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenants. Tenant shall:
   a. Maintain housekeeping practices intended to deter Bedbugs (regular laundering, vacuuming, clutter control);
   b. Immediately bag and launder any clothing or linens suspected of harboring Bedbugs;
   c. Not discard infested items in common areas except in sealed, labeled plastic bags per local disposal regulations.

2. Landlord Covenants. Landlord shall:
   a. Maintain written records of all Inspections and Treatments for not less than twenty-four (24) months and furnish copies to Tenant upon request;
   b. Provide Tenant at least twenty-four (24) hours’ prior notice of entry for Inspection or Treatment unless emergency access is authorized by Applicable Law.

3. Prohibited Conduct. Neither Party shall knowingly make false statements regarding Bedbug presence or Treatment history.

VI. DEFAULT & REMEDIES

1. Events of Default. The following constitute Events of Default under this Addendum and the Lease:
   a. Tenant’s failure to provide access or to comply with preparatory requirements for Treatment;
   b. Tenant’s failure to reimburse Landlord for Tenant-Caused Infestation costs within the required timeframe;
   c. Landlord’s failure to initiate Treatment within the period required under Section III.4.b.i.

2. Cure Periods.
   a. Monetary Defaults: five (5) business days after written notice.
   b. Non-Monetary Defaults: ten (10) calendar days after written notice, or such shorter period as may be reasonable in light of the health risks presented.

3. Remedies.
   a. Landlord Remedies. Upon Tenant default, Landlord may pursue all remedies under the Lease and Applicable Law, including termination, possession, and recovery of Actual Damages, costs of Treatment, and reasonable attorney’s fees.
   b. Tenant Remedies. Upon Landlord default, Tenant may pursue habitability remedies expressly provided under Applicable Law, including injunctive relief and limited rent abatement as set forth in Section III.6.

VII. RISK ALLOCATION

1. Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and its agents, employees, and contractors (each, an “Indemnified Party”) from and against any and all claims, liabilities, liens, losses, and expenses (including reasonable attorney’s fees) to the extent arising out of or resulting from the Indemnifying Party’s breach of this Addendum or gross negligence with respect to Bedbugs.

2. Limitation of Liability. Except as otherwise required by Applicable Law and subject to the indemnification obligations herein, each Party’s liability under this Addendum shall be limited to Actual Damages. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO BEDBUGS OR TREATMENT.

3. Insurance.
   a. Tenant shall maintain renter’s insurance with personal property coverage sufficient to cover bedbug-related losses and name Landlord as an additional interested party.
   b. Landlord shall maintain property and liability insurance customary for similarly-situated landlords in North Dakota.

4. Force Majeure. Landlord’s failure to perform any obligation under this Addendum shall be excused to the extent caused by events beyond Landlord’s reasonable control (e.g., natural disasters, supply shortages) provided Landlord resumes performance promptly thereafter.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to conflicts-of-law principles.

2. Forum Selection. The Parties consent to exclusive jurisdiction and venue in the state court(s) with housing jurisdiction located in the county where the Premises is situated (the “Housing Court”).

3. Arbitration. The Parties expressly exclude arbitration; all disputes shall be adjudicated in the Housing Court unless otherwise mutually agreed in a subsequent, written agreement.

4. Jury Trial. Nothing herein waives either Party’s constitutional right to a trial by jury.

5. Injunctive Relief. Each Party acknowledges that breach of this Addendum may cause irreparable harm not fully compensable by money damages. Accordingly, the Housing Court may grant temporary, preliminary, and/or permanent injunctive relief to enforce this Addendum in addition to any other remedy available at law or equity.

IX. GENERAL PROVISIONS

1. Amendments & Waivers. No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both Parties. A waiver on one occasion shall not constitute a waiver on subsequent occasions.

2. Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as otherwise permitted by Applicable Law. Landlord may assign this Addendum together with the Lease upon transfer of the Premises.

3. Successors & Assigns. This Addendum shall inure to the benefit of and be binding upon the Parties and their respective heirs, successors, and permitted assigns.

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

5. Integration. This Addendum, together with the Lease and any contemporaneous documents, constitutes the entire agreement between the Parties with respect to Bedbugs and supersedes all prior or contemporaneous understandings.

6. Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed originals for all purposes.

X. EXECUTION BLOCK

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

[LANDLORD LEGAL NAME]
By: _____
Name: _____
Title: _____
Date: _______

[TENANT 1 NAME]
Signature: _____
Date: _____

[TENANT 2 NAME] (if applicable)
Signature: _____
Date: _____

[ADD additional tenant signature lines as needed]

(Optional) STATE OF NORTH DAKOTA )
: SS.
COUNTY OF ___ )
On this _ day of _, 20, before me, a Notary Public, personally appeared ___, known to me to be the person(s) who executed the foregoing instrument and acknowledged the same.
Notary Public ____
My Comm’n Expires __

EXHIBIT A

Landlord Bedbug Status Disclosure
[LANDLORD TO COMPLETE AND ATTACH]

EXHIBIT B

Tenant Bedbug History & Move-In Certification
[TENANT TO COMPLETE AND RETURN PRIOR TO OCCUPANCY]

[// GUIDANCE:
1. Customize timelines (e.g., 24-hour notice, seven-day treatment window) to reflect any local ordinance or negotiated standard.
2. Attach provider inspection reports or municipal forms if required by local code.
3. Review insurance policy language to ensure renter’s insurance endorsement covers pest-related damages.
4. Confirm that any proposed relocation complies with Fair Housing requirements.
]