BEDBUG DISCLOSURE AND RESPONSIBILITY ALLOCATION ADDENDUM

(to New Mexico Residential Lease Agreement)

I. DOCUMENT HEADER

1. Parties
   This Bedbug Disclosure and Responsibility Allocation Addendum (the “Addendum”) is made as of [EFFECTIVE DATE] by and between [FULL LEGAL NAME OF LANDLORD], a [STATE] [ENTITY TYPE] (“Landlord”), and [FULL LEGAL NAME(S) OF RESIDENT(S)] (individually and collectively, “Resident”).

2. Recitals
   A. Landlord and Resident are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential dwelling located at [PROPERTY ADDRESS] (the “Premises”).
   B. Pursuant to the New Mexico Uniform Owner-Resident Relations Act (“UORRA”), N.M. Stat. Ann. §§ 47-8-1 et seq., Landlord must provide and maintain the Premises in a safe and habitable condition, which includes taking reasonable measures to treat and remediate bedbug infestations.
   C. This Addendum sets forth mandatory disclosures, allocation of treatment obligations, and related rights and remedies concerning the presence, prevention, or treatment of bedbugs at the Premises.
   D. In consideration of the mutual covenants herein and in the Lease, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

3. Effective Date & Incorporation
   This Addendum is effective on the date first written above and is incorporated into, and shall be deemed to amend and supplement, the Lease. In the event of a conflict between this Addendum and the Lease, this Addendum shall control with respect to the subject matter herein.

Table of Contents

1. Definitions
2. Operative Provisions
3. Representations & Warranties
4. Covenants & Restrictions
5. Default & Remedies
6. Risk Allocation
7. Dispute Resolution
8. General Provisions
9. Execution Block

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below, whether singular or plural, capitalized or not, and shall apply throughout this Addendum and the Lease where cross-referenced.

A. “Bedbug” means the insect Cimex lectularius or Cimex hemipterus in any life stage.
B. “Infestation” means the presence of one (1) or more Bedbugs or Bedbug eggs within the Premises.
C. “Inspection” means a physical or canine-assisted examination of the Premises performed by a pest management professional (“PMP”) licensed under applicable New Mexico regulations.
D. “Treatment” or “Remediation” means any industry-accepted chemical, mechanical, or heat process (or combination thereof) performed by a PMP to eliminate Bedbugs.
E. “Pest Management Professional” or “PMP” means a person or entity duly licensed to perform pest control services in the State of New Mexico.
F. “Habitability Standards” means the statutory requirements set forth in N.M. Stat. Ann. § 47-8-20 (landlord obligations) and § 47-8-22 (resident obligations).

[// GUIDANCE: Add definitions for any additional technical terms used in custom provisions.]

III. OPERATIVE PROVISIONS

1. Initial Disclosure by Landlord
   a. Landlord hereby discloses that, to Landlord’s actual knowledge, the Premises [HAS / HAS NOT] experienced a Bedbug Infestation within the twelve (12) months immediately preceding the Effective Date.
   b. Landlord has provided Resident with the most recent Bedbug inspection report (if any) dated [REPORT DATE], attached hereto as Exhibit A.

2. Pre-Occupancy Inspection
   a. Landlord shall, at Landlord’s sole cost, have the Premises Inspected by a PMP within [X] days prior to Resident’s move-in date.
   b. A copy of the PMP’s written findings shall be delivered to Resident no later than at key delivery.

3. Resident’s Initial Certification
   Resident certifies that Resident has:
   i. Carefully inspected the Premises; and
   ii. [Detected / Not Detected] any evidence of Bedbugs.
   Resident shall complete and return the “Initial Bedbug Certification” (Exhibit B) to Landlord within forty-eight (48) hours after taking possession.

4. Ongoing Notification Obligation
   Resident must provide Landlord with written notice of any suspected Infestation within twenty-four (24) hours of discovery.

5. Access for Inspection & Treatment
   Resident shall grant Landlord, Landlord’s agents, and any PMP reasonable access to the Premises, with at least twenty-four (24) hours’ advance notice, for purposes of Inspection or Treatment. Failure to provide such access constitutes a material breach of this Addendum and the Lease.

6. Preparation Requirements
   Resident shall fully comply with all PMP-provided preparation and post-Treatment instructions, including without limitation laundering, bagging, and decluttering personal property.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord’s Warranties
   a. Landlord represents and warrants that, as of the Effective Date:
   (i) All prior known Infestations at the Premises, if any, have been fully treated to the PMP’s satisfaction; and
   (ii) The Premises otherwise meets all Habitability Standards.
   b. Landlord’s warranties under this Section survive for ninety (90) days from Resident’s first date of occupancy.

2. Resident’s Warranties
   a. Resident represents and warrants that:
   (i) Any personal property introduced into the Premises is, to Resident’s knowledge, free of Bedbugs; and
   (ii) Resident has not experienced a Bedbug Infestation at Resident’s prior residence within the past twelve (12) months [unless disclosed in Exhibit B].
   b. Resident’s warranties are deemed material and shall survive the term of the Lease.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants of Landlord
   a. Landlord shall arrange for and pay all costs of Inspection and initial Treatment required to maintain the Premises in accordance with Habitability Standards, except as otherwise provided in Section VI (Cost Allocation).
   b. Landlord shall provide Resident with written notice of any scheduled Treatment at least twenty-four (24) hours in advance.

2. Affirmative Covenants of Resident
   a. Resident shall promptly notify Landlord of any suspected Infestation.
   b. Resident shall cooperate fully with all Inspection and Treatment efforts, including temporary relocation of personal property if reasonably required.
   c. Resident shall not procure over-the-counter pesticides or self-treat the Premises unless expressly authorized in writing by Landlord.

3. Prohibited Conduct
   Resident shall not:
   i. Interfere with or obstruct any Inspection or Treatment;
   ii. Introduce furniture, luggage, or other personal items known or reasonably suspected to be infested with Bedbugs; or
   iii. Otherwise act or omit to act in a manner that materially increases the risk of Infestation.

VI. DEFAULT & REMEDIES

1. Events of Default
   The following constitute Events of Default:
   a. Resident’s failure to provide timely notice of Infestation;
   b. Resident’s failure to grant access or comply with Preparation Requirements;
   c. Resident’s introduction of Bedbugs through negligent or intentional act.

2. Cure Period
   Upon written notice of default, Resident shall have a cure period of seventy-two (72) hours, or such shorter period as may be reasonably necessary in the case of imminent health or safety concerns, to commence and diligently pursue cure.

3. Landlord’s Remedies
   a. If Resident fails to cure within the applicable cure period, Landlord may:
   (i) Charge Resident for all costs of Inspection, Treatment, and related damages as Additional Rent;
   (ii) Seek injunctive relief to compel compliance; and/or
   (iii) Terminate the Lease in accordance with UORRA and pursue eviction.
   b. All remedies are cumulative and not exclusive.

4. Attorney Fees
   The prevailing party in any action arising out of this Addendum shall be entitled to reasonable attorney fees and costs, to the extent permitted by N.M. Stat. Ann. § 47-8-48(D).

VII. RISK ALLOCATION

1. Cost Allocation
   a. Landlord-Caused or Unknown Source: Landlord shall bear all reasonable costs of Inspection and Treatment.
   b. Resident-Caused: If a PMP reasonably determines the Infestation resulted from Resident’s negligence or intentional conduct, Resident shall reimburse Landlord for all related costs within thirty (30) days after written demand.
   c. Shared Fault/Indeterminate Source: Costs shall be split [PERCENTAGE SPLIT OR “50/50”] between Landlord and Resident.

2. Indemnification
   Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its agents, and employees from and against any claims, losses, or damages arising out of or related to the Indemnifying Party’s breach of this Addendum, negligence, or willful misconduct (the “Indemnified Claims”), except to the extent such Indemnified Claims result from the Indemnified Party’s own negligence or intentional wrongdoing.

3. Limitation of Liability
   The liability of either party under this Addendum is limited to actual, direct damages. Neither party shall be liable for consequential, incidental, punitive, or exemplary damages, even if advised of the possibility thereof.

4. Insurance
   Resident is strongly encouraged to obtain, and maintain throughout the Lease term, renter’s insurance covering personal property loss or damage related to Bedbug Infestation.

5. Force Majeure
   Neither party shall be liable for delay or failure in performing obligations (other than payment obligations) to the extent caused by events beyond the party’s reasonable control, including but not limited to natural disasters, governmental actions, or shortages of qualified PMPs.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Addendum and any dispute hereunder shall be governed by the laws of the State of New Mexico and the UORRA, without regard to conflict-of-law principles.

2. Forum Selection
   The parties agree that any action arising out of or relating to this Addendum shall be filed exclusively in the [NAME OF COUNTY] Housing Court or other court of competent jurisdiction within the State of New Mexico.

3. Arbitration
   The parties expressly opt out of arbitration.

4. Jury Trial
   Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.

5. Injunctive Relief
   Either party may seek injunctive or other equitable relief to enforce habitability obligations or prevent the continued spread of Bedbugs.

IX. GENERAL PROVISIONS

1. Amendment; Waiver
   No amendment or waiver of any provision of this Addendum shall be effective unless in writing and signed by both parties. Waiver of any breach shall not be deemed a waiver of any subsequent breach.

2. Assignment & Delegation
   Resident may not assign any rights or delegate any obligations under this Addendum without Landlord’s prior written consent.

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

4. Severability
   If any provision of this Addendum is held invalid or unenforceable, the remainder shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

5. Integration
   This Addendum, together with the Lease and any exhibits, constitutes the entire agreement of the parties regarding the subject matter and supersedes all prior negotiations and 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. Electronic signatures shall be deemed originals for all purposes.

X. EXECUTION BLOCK

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

[Notary Acknowledgment, if required by local rule]

EXHIBIT A

Most Recent Bedbug Inspection Report
(Attach copy)

EXHIBIT B

Initial Bedbug Certification by Resident
(Provide form for Resident to certify inspection and prior history)

[// GUIDANCE:
1. Update bracketed placeholders before issuing to client.
2. Verify county-specific court nomenclature (some NM counties use Magistrate or District Court for housing matters).
3. Attach Exhibits A & B or convert to schedules as appropriate.
4. Review any local ordinances that impose additional disclosure or remediation timelines.
5. Confirm any insurance requirements with client’s carrier.]

Prepared in accordance with N.M. Stat. Ann. §§ 47-8-1 et seq. and prevailing New Mexico landlord-tenant best practices. This template is intended for attorney customization and final review.