RESIDENTIAL LEASE ADDENDUM

BEDBUG DISCLOSURE & TREATMENT PROTOCOL

State of New Hampshire

[// GUIDANCE: Attach this Addendum to every new or renewal Residential Lease Agreement for any dwelling unit located in New Hampshire. Review N.H. Rev. Stat. Ann. § 540:13-e prior to final execution to confirm no statutory amendments have become effective since the date of drafting.]

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. Addendum Title. This Residential Lease Addendum – Bedbug Disclosure & Treatment Protocol (“Addendum”) is incorporated into and made part of that certain Residential Lease Agreement dated [DATE OF LEASE] (the “Lease”) between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME] (“Tenant”) for the residential premises located at [PROPERTY ADDRESS] (the “Premises”).

2. Effective Date. This Addendum is effective as of the later of (a) the date set forth in the introductory clause of the Lease or (b) the date on which this Addendum is fully executed by all Parties (the “Effective Date”).

3. Purpose & Consideration. Landlord and Tenant enter into this Addendum to comply with New Hampshire bedbug–specific statutory requirements, allocate responsibilities for inspection and remediation, and preserve the habitability of the Premises in accordance with N.H. Rev. Stat. Ann. § 540:13-e and other applicable housing laws.

4. Jurisdiction Specification. This Addendum, and any dispute arising hereunder, shall be governed by the substantive laws of the State of New Hampshire, without regard to conflict-of-laws principles.

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Defined terms used in the singular include the plural and vice versa.

“Adjacent Unit” – Any dwelling unit sharing a common wall, floor, or ceiling with the Premises, or located directly above or below the Premises.

“Bedbug” – The insect Cimex lectularius and any of its life stages, including eggs, nymphs, and adults.

“Bedbug Inspector” – A licensed or certified pest control professional experienced in the detection of Bedbugs, including certified canine detection teams, retained by Landlord in accordance with this Addendum.

“Bedbug Treatment” – A professional pest management protocol approved by a Bedbug Inspector that is designed to eliminate Bedbugs from the Premises or Adjacent Units, including without limitation chemical, thermal, mechanical, and monitoring methods.

“Inspection Notice” – Written notice (electronic or hard copy) provided by a Party pursuant to Section III.1 describing suspected Bedbug activity.

“Law” – All applicable federal, state, and local statutes, regulations, ordinances, and codes, including, without limitation, N.H. Rev. Stat. Ann. § 540:13-e.

“Lease Term” – The period commencing on the Lease commencement date and terminating on the Lease expiration date, as may be extended or earlier terminated.

“Premises” – The residential dwelling unit leased to Tenant under the Lease, as more fully described in Section I of this Addendum.

III. OPERATIVE PROVISIONS

1. Mandatory Disclosure at Lease Commencement
   1.1 Landlord Disclosure. Landlord represents that, to Landlord’s actual knowledge, the Premises:
   (a) ☐ has ☐ has not experienced a Bedbug infestation within the previous 12 months.
   (b) If “has,” Landlord represents that professional Bedbug Treatment was completed on [DATE] by [PEST CONTROL COMPANY] and follow-up monitoring shows the infestation is eradicated.
   1.2 Tenant Disclosure. Tenant represents that, to Tenant’s actual knowledge, all personal property to be brought onto the Premises is ☐ free of Bedbugs ☐ may contain Bedbugs (provide details in attached schedule).

[// GUIDANCE: Require Tenant to initial the above boxes to mitigate fraudulent nondisclosure claims.]

2. Ongoing Inspection and Notice Obligations
   2.1 Tenant Duty to Notify. Tenant shall promptly (but in no event later than 24 hours after discovery) deliver an Inspection Notice to Landlord upon any suspected Bedbug activity within the Premises.
   2.2 Landlord Duty to Act. Within seven (7) calendar days after receipt of an Inspection Notice, Landlord shall retain a Bedbug Inspector to perform a professional inspection of the Premises and any Adjacent Unit(s) deemed reasonable.

3. Access for Inspection and Treatment
   3.1 Tenant shall provide the Bedbug Inspector and treatment personnel with reasonable access to the Premises on not less than 48-hours’ advance notice, except in emergency conditions.
   3.2 Failure by Tenant to provide access, or to comply with preparation instructions reasonably required for Bedbug Treatment, constitutes a material breach of this Addendum and the Lease.

4. Treatment Protocol and Schedule
   4.1 Initial Treatment. If Bedbugs are confirmed, Landlord shall commence Bedbug Treatment within five (5) calendar days following receipt of the Bedbug Inspector’s written report, subject to Tenant cooperation.
   4.2 Follow-Up Treatment. Landlord shall schedule any follow-up Bedbug Treatment recommended by the Bedbug Inspector until the Premises are certified Bedbug-free.
   4.3 Documentation. Landlord shall provide Tenant with written verification identifying the treatment method, chemicals applied (if any), and follow-up schedule.

5. Cost Allocation
   5.1 Baseline Allocation. Pursuant to N.H. Rev. Stat. Ann. § 540:13-e, Landlord shall bear the reasonable, documented costs of Bedbug inspection and initial Bedbug Treatment.
   5.2 Reallocation for Tenant-Caused Infestation. If a preponderance of evidence shows that: (a) Tenant introduced Bedbugs to the Premises; or (b) Tenant materially hindered inspection or treatment, then Tenant shall reimburse Landlord for all reasonable costs of inspection, treatment, and repairs within thirty (30) days after written demand, together with supporting invoices.
   5.3 Rent Ledger Entry. Reimbursable amounts may be treated as additional rent and entered on Tenant’s rent ledger, collectible in the same manner as rent under the Lease.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Representations
   (a) Landlord has complied, and will continue to comply, with all Laws concerning Bedbug disclosure, inspection, and treatment.
   (b) Landlord holds or will maintain records evidencing completion of any prior Bedbug Treatment.

2. Tenant Representations
   (a) Tenant has truthfully completed Section III.1.2 and any attached Bedbug disclosure schedule.
   (b) Tenant will not knowingly introduce Bedbug-infested personal property into the Premises during the Lease Term.

3. Survival. The representations and warranties in this Section survive the expiration or earlier termination of the Lease for twelve (12) months.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenants
   (a) Preparation Compliance. Tenant shall comply with all preparation instructions (laundering, vacuuming, bagging, decluttering, etc.) issued by the Bedbug Inspector or treatment personnel.
   (b) No Self-Treatment. Tenant shall not attempt self-treatment using over-the-counter pesticides or heat devices, which may exacerbate infestation and/or cause property damage.
   (c) Reporting of Adjacent Activity. Tenant shall notify Landlord of Bedbug activity observed in common areas or Adjacent Units.

2. Landlord Covenants
   (a) Treatment Standards. Landlord shall utilize only properly licensed Bedbug Inspectors and pest control applicators.
   (b) Confidentiality. Landlord shall endeavor to maintain Tenant’s privacy concerning any infestation, except as disclosure is required by Law or as necessary to coordinate treatment of Adjacent Units.

VI. DEFAULT & REMEDIES

1. Events of Default
   (a) Tenant’s failure to provide access or comply with preparation requirements after two (2) written notices.
   (b) Tenant’s failure to reimburse Landlord for Tenant-caused Bedbug costs within the cure period stated in Section VI.2.
   (c) Landlord’s failure to commence Bedbug Treatment within the time required by Section III.4.1.

2. Notice & Cure
   The non-defaulting Party shall deliver a written notice specifying the default and providing a seven (7) calendar-day cure period, unless a shorter period is mandated by Law.

3. Remedies
   (a) Landlord Remedies. Upon Tenant default, Landlord may:
   i. Perform Tenant’s obligations at Tenant’s cost;
   ii. Charge costs as additional rent;
   iii. Terminate the Lease in accordance with Law; and/or
   iv. Seek actual damages, injunctive relief, and reasonable attorney fees.
   (b) Tenant Remedies. Upon Landlord default, Tenant may:
   i. Seek injunctive relief compelling Landlord to comply with habitability obligations;
   ii. Pursue rent abatement for periods of non-habitability as permitted by Law; and/or
   iii. Terminate the Lease without penalty if Premises remain uninhabitable for more than thirty (30) consecutive days following confirmed infestation.

VII. RISK ALLOCATION

1. Indemnification (Responsibility Allocation)
   Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the other Party’s agents, employees, and contractors (“Indemnified Parties”) from and against any third-party claims, losses, or liabilities 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 relating to Bedbugs.

2. Limitation of Liability
   Except for a Party’s indemnification obligations, willful misconduct, or gross negligence, each Party’s aggregate liability under this Addendum is limited to actual, direct damages proved, and expressly excludes consequential, special, or punitive damages.

3. Insurance
   Tenant is strongly encouraged, but not required, to maintain renter’s insurance covering Bedbug-related personal property loss. Landlord shall maintain property and liability coverage customary for multi-family residential property owners.

4. Force Majeure
   Neither Party shall be liable for delays in performance caused by events beyond reasonable control, excluding financial inability, which do not relieve a Party of payment obligations.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Addendum shall be construed in accordance with the laws of the State of New Hampshire.

2. Forum Selection
   The Parties submit to the exclusive jurisdiction of the housing court (or, if no specialized housing court exists, the circuit or district court) of competent jurisdiction in the county where the Premises are located.

3. Arbitration
   Arbitration is expressly excluded.

4. Jury Trial
   Nothing in this Addendum shall constitute a waiver of any Party’s constitutional right to a jury trial.

5. Injunctive Relief
   Each Party reserves the right to seek injunctive relief to enforce habitability obligations or to prevent irreparable harm relating to Bedbug infestations.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment or waiver of any provision of this Addendum is binding unless in a signed writing referencing this Addendum.

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

3. Successors & Assigns
   This Addendum is binding upon and inures to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.

4. Severability
   If any provision is held unenforceable, the remaining provisions shall remain in full force to the maximum extent permissible, and the Parties shall negotiate in good faith a lawful substitute provision.

5. Integration
   This Addendum, together with the Lease, constitutes the entire agreement of the Parties concerning Bedbugs, superseding all prior or contemporaneous oral or written agreements on the subject.

6. Counterparts & Electronic Signatures
   This Addendum may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Electronic signatures and PDF copies are binding as originals.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – include if required by local recording or enforcement practice]

[// GUIDANCE:
1. Attach the pest control company’s treatment guarantees or certifications as exhibits if desired.
2. Update cure periods and monetary thresholds to align with the underlying Lease and any local ordinances.
3. Consider providing tenants with an educational brochure on bedbug prevention at move-in to further mitigate risk.
4. Maintain copies of all Inspection Notices, treatment invoices, and tenant communications for at least four (4) years to defend against potential habitability claims.]