BEDBUG DISCLOSURE & RESPONSIBILITY ADDENDUM

to that certain Residential Lease dated [LEASE DATE]

for the Premises located at [PREMISES ADDRESS], State of New Jersey

[// GUIDANCE: This addendum is designed for use with residential tenancies governed by New Jersey landlord-tenant law. It should be attached to, and expressly incorporated into, the main Lease agreement. Edit bracketed placeholders, optional language, and section cross-references before execution.]

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. Parties. This Bedbug Disclosure & Responsibility Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   (a) [LANDLORD LEGAL NAME], a [ENTITY TYPE, e.g., New Jersey limited liability company] (“Landlord”); and
   (b) [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, each a “Party” and, collectively, the “Parties”).

2. Recitals.
   A. The Parties are parties to that certain Residential Lease dated [LEASE DATE] (the “Lease”) covering the residential dwelling unit identified above (the “Premises”).
   B. New Jersey law imposes specific duties on landlords and tenants with respect to the prevention, disclosure, and abatement of bedbug infestations.
   C. The Parties desire to allocate responsibility for prevention, treatment, and cost, and to document related disclosures, all in conformity with applicable New Jersey landlord-tenant law.

3. Incorporation & Controlling Effect. This Addendum is hereby incorporated into, amends, and supersedes any inconsistent provisions of, the Lease. All capitalized terms not defined herein shall have the meanings ascribed to them in the Lease.

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below:

“Bedbug” – Any live or dead insect of the genus Cimex, including all viable eggs, nymphs, and adults, in any life stage.

“Common Areas” – All areas of the building or complex other than the Premises that are accessible to more than one resident, including hallways, laundry rooms, storage rooms, utility areas, and building shafts.

“Confirmed Infestation” – The presence of Bedbugs or Bedbug eggs in the Premises or Common Areas as verified by (i) a licensed Professional Pest Control Operator’s written report, or (ii) visual identification by a qualified canine detection team.

“Professional Pest Control Operator” or “PCO” – A person or entity duly licensed under applicable New Jersey law to perform structural pest control services, including chemical applications and monitoring for Bedbugs.

“Treatment” – Any inspection, application of pesticides, heat treatment, encapsulation, disposal, or other lawful method performed by a PCO to eliminate or control Bedbugs.

“Infested Materials” – Furniture, clothing, luggage, bedding, or any other personal or household item that harbors or is suspected of harboring Bedbugs.

III. OPERATIVE PROVISIONS

A. Mandatory Disclosures.
1. Prior Infestations. Landlord hereby discloses the following, covering the twelve (12) months immediately preceding the Effective Date:
a. Any Confirmed Infestation in the Premises: [☐ None / ☐ Describe]
b. Any Confirmed Infestation in the building’s Common Areas or adjoining units: [☐ None / ☐ Describe]
2. Treatment History. Landlord has (☐ has / ☐ has not) engaged a PCO to perform Treatment in or about the Premises within said period. If “has,” dates and scope of Treatment are as follows: [DESCRIBE OR “N/A”].

B. Educational Materials. Concurrently with execution of this Addendum, Landlord has provided Tenant with:
1. The current New Jersey Department of Health fact sheet on Bedbugs; and
2. Written instructions for preparation of the Premises for Treatment.
Tenant acknowledges receipt of same by initialing here: Tenant Initials ____.

C. Tenant Pre-Occupancy Inspection & Certification.
1. Tenant inspected the Premises on [DATE] and (☐ found no signs / ☐ observed potential signs) of Bedbugs.
2. If potential signs were observed, Tenant shall notify Landlord in writing within twenty-four (24) hours of signing this Addendum, failing which the Premises shall be deemed accepted as free of Bedbugs.

D. Allocation of Treatment Obligations & Costs.
1. Landlord Obligations.
a. Upon written notice of a suspected Bedbug presence, Landlord shall, within five (5) business days, engage a PCO to conduct an inspection at Landlord’s expense.
b. If a Confirmed Infestation is found in the Premises or building, Landlord shall promptly schedule Treatment, and shall bear the cost of (i) at least the first two (2) rounds of Treatment, and (ii) any additional treatments required by the PCO if the source of reinfestation cannot reasonably be attributed to Tenant.
2. Tenant Obligations.
a. If the PCO reasonably determines that Tenant, Tenant’s guests, or Tenant-controlled Infested Materials were the primary source of the Confirmed Infestation, Tenant shall reimburse Landlord for Treatment costs after the first two (2) rounds.
b. Tenant shall comply fully with all PCO preparation directives, including laundering, bagging, and temporary removal of Infested Materials. Failure to comply shall constitute a Tenant Default under Section VI.
3. Disputed Responsibility. If the Parties disagree regarding responsibility, either Party may request a joint inspection by a second independent PCO, the cost of which shall be shared equally, without prejudice to allocation by a court of competent jurisdiction.

E. Access for Inspection & Treatment. Tenant shall grant Landlord and PCO reasonable access to the Premises, on not less than twenty-four (24) hours’ notice (or such shorter notice as permitted by New Jersey law in emergencies), for inspection, monitoring, or Treatment. Tenant’s refusal or obstruction of access shall be a material Tenant Default.

F. Relocation & Habitability. If, in the written opinion of the PCO, continued occupancy during Treatment poses a health risk, Landlord shall, at Landlord’s expense, provide Tenant with comparable temporary accommodations for up to seven (7) nights, or as otherwise required by applicable habitability statutes. The Lease shall remain in full force during relocation.

IV. REPRESENTATIONS & WARRANTIES

A. By Landlord. Landlord represents and warrants that, to Landlord’s actual knowledge as of the Effective Date, (i) no Confirmed Infestation currently exists in the Premises, except as disclosed above, and (ii) the Premises are delivered in habitable condition in compliance with New Jersey’s implied warranty of habitability.

B. By Tenant. Tenant represents and warrants that (i) Tenant has not within the past six (6) months vacated any dwelling subject to a Bedbug infestation that has not been fully treated, and (ii) all personal property to be moved into the Premises has been inspected by Tenant and found free of Bedbugs.

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

V. COVENANTS & RESTRICTIONS

A. Tenant Covenants.
1. Tenant shall maintain the Premises in a clean and sanitary condition so as to deter Bedbugs.
2. Tenant shall not introduce Infested Materials into the Premises or Common Areas.
3. Tenant shall provide written notice to Landlord of any suspected Bedbug activity within twenty-four (24) hours of discovery.

B. Landlord Covenants.
1. Landlord shall maintain all Common Areas in a condition reasonably free from Bedbugs.
2. Landlord shall maintain records of all inspections and Treatments for at least three (3) years and shall furnish same to Tenant upon written request.

VI. DEFAULT & REMEDIES

A. Tenant Default. The following constitute “Tenant Defaults”:
1. Failure to provide timely notice or access as required herein;
2. Failure to comply with PCO preparation instructions;
3. Introduction of Infested Materials in violation of Section V.A.2.

B. Cure Period. Upon written notice of a Tenant Default, Tenant shall have forty-eight (48) hours to cure, failing which Landlord may, in addition to all remedies under the Lease and New Jersey law:
1. Perform or arrange for required preparation or Treatment at Tenant’s expense;
2. Charge Tenant as additional rent all reasonable costs, payable on the next rent due date;
3. Seek injunctive relief compelling Tenant compliance.

C. Landlord Default. Landlord’s failure to timely initiate inspection or Treatment as required herein shall constitute a “Landlord Default.” Upon written notice, Landlord shall have five (5) business days to cure. If Landlord fails to cure, Tenant may (i) engage a PCO and deduct the reasonable cost from rent pursuant to New Jersey’s rent-abatement procedures, and/or (ii) seek injunctive relief or other remedies available under law.

D. Attorney Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and court costs as additional rent or recoverable damages, as applicable.

VII. RISK ALLOCATION

A. Indemnification.
1. Landlord shall indemnify, defend, and hold Tenant harmless from and against all claims, losses, and costs arising out of or relating to Landlord’s breach of this Addendum or negligent failure to treat a Confirmed Infestation.
2. Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, losses, and costs (including Treatment costs and relocation expenses) arising out of or relating to a Tenant Default.

B. Limitation of Liability. Except for (i) personal injury or property damage caused by a Party’s gross negligence or willful misconduct, and (ii) obligations expressly imposed by statute, each Party’s liability under this Addendum and the Lease for Bedbug-related claims is limited to actual, direct damages proven, and shall not include consequential, punitive, or exemplary damages.

C. Insurance. Tenant is strongly encouraged—but not required—to obtain renter’s insurance that covers Bedbug-related personal property losses. Landlord shall maintain property and liability coverage consistent with industry standards for multi-family residential properties in New Jersey.

D. Force Majeure. Delays in Treatment caused by events beyond the reasonable control of a Party (e.g., government-mandated pesticide shortages or pandemic-related restrictions) shall extend performance deadlines for the period of delay, provided the Party claiming force majeure gives prompt written notice.

VIII. DISPUTE RESOLUTION

A. Governing Law. This Addendum and any dispute arising hereunder shall be governed by the residential landlord-tenant laws of the State of New Jersey, without regard to conflict-of-laws principles.

B. Forum Selection. The Parties consent to the exclusive jurisdiction of the Superior Court of New Jersey, Special Civil Part, Landlord-Tenant Section (the “State Housing Court”), for any action arising out of or relating to this Addendum or the Lease.

C. Arbitration. The Parties expressly exclude arbitration.

D. Jury Trial. The Parties acknowledge the constitutional right to trial by jury, and no provision of this Addendum shall be construed as a waiver of that right.

E. Injunctive Relief. Nothing herein shall limit either Party’s right to seek temporary, preliminary, or permanent injunctive relief to preserve habitability, protect health and safety, or enforce access for Treatment.

IX. GENERAL PROVISIONS

A. 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 any subsequent occasion.

B. Assignment. Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld; any permitted assignee shall assume Tenant’s obligations regarding Bedbugs.

C. Successors & Assigns. This Addendum shall bind and benefit the Parties and their respective heirs, legal representatives, successors, and permitted assigns.

D. Severability. If any provision of this Addendum is held unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve its original intent.

E. Integration. This Addendum, together with the Lease and any other written addenda executed concurrently, constitutes the entire agreement of the Parties regarding Bedbug issues and supersedes all prior or contemporaneous oral or written agreements on the subject.

F. Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one instrument. Signatures transmitted via electronic means (e.g., PDF or secure e-signature platform) shall be deemed original and binding.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – New Jersey]

State of New Jersey
County of __
On this ___ day of __, 20__, before me, the undersigned Notary Public, personally appeared ________, known (or satisfactorily proven) to me 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.

---

Notary Public
My Commission Expires: ____

[// GUIDANCE: Verify compliance with any municipal Bedbug ordinances (e.g., Jersey City, Newark), which may impose additional disclosure or notice requirements beyond state law. Attach any municipality-specific forms, if applicable.]