BEDBUG DISCLOSURE & ALLOCATION ADDENDUM
Oklahoma Residential Lease
[// GUIDANCE: Attach this Addendum to any new or existing residential lease for premises located in Oklahoma. Insert the bracketed placeholders with transaction-specific information. Review the underlying lease to ensure consistency and to avoid conflicting provisions.]
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TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
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1. DOCUMENT HEADER
Bedbug Disclosure & Allocation Addendum
(“Addendum”)
This Addendum (“Effective Date” = [DATE]) is entered into by and between:
• Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE & STATE] (“Landlord”); and
• Tenant: [TENANT LEGAL NAME(S)] (“Tenant”).
This Addendum relates to the dwelling unit commonly known as [PROPERTY ADDRESS] (“Premises”) and is incorporated into that certain residential lease dated [ORIGINAL LEASE DATE] (the “Lease”).
Recitals
A. The parties desire to supplement the Lease to address disclosure of any current or prior bedbug activity and to allocate inspection, treatment, and cost obligations in accordance with Oklahoma landlord-tenant law and public-health guidance.
B. Consideration is acknowledged by the mutual promises herein and in the Lease.
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2. DEFINITIONS
For purposes of this Addendum (alphabetically):
“Actual Damages” – Direct, out-of-pocket losses proven by competent evidence, excluding special, consequential, punitive, or exemplary damages.
“Bedbug” – Cimex lectularius or any other parasitic insect commonly referred to as a bedbug, at any stage of development.
“Building” – The structure(s) containing the Premises and any common areas under Landlord’s control.
“Infestation” – The presence of one (1) or more live Bedbugs, casings, or eggs in the Premises or Building.
“Licensed Pest Control Operator” – A person or entity duly licensed in Oklahoma to identify and treat Bedbugs.
“Remedial Treatment” – Any inspection, monitoring, chemical or non-chemical treatment, follow-up visit, or clearance inspection performed by a Licensed Pest Control Operator aimed at eradicating Bedbugs.
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3. OPERATIVE PROVISIONS
3.1 Disclosure of Prior Infestation.
(a) Landlord asserts that, to Landlord’s actual knowledge, the Premises [✔/✖] has | have not been treated for Bedbugs within the twelve (12) months immediately preceding the Effective Date.
(b) If box “✔” is checked, Landlord shall attach a Treatment History Schedule identifying treatment dates, methods, and findings.
3.2 Initial Inspection & Tenant Affirmation.
(a) Tenant represents that Tenant has visually inspected the Premises and personal property before taking possession and has found no evidence of Bedbugs.
(b) Within forty-eight (48) hours after occupancy, Tenant shall submit written confirmation to Landlord or report any suspected Bedbug activity.
3.3 Ongoing Reporting Obligation.
Tenant shall promptly (within twenty-four (24) hours) notify Landlord in writing of any suspected Bedbugs in the Premises or Building.
3.4 Access for Inspection & Treatment.
(a) Upon not less than twenty-four (24) hours’ prior notice (except in emergency), Tenant shall grant Landlord and any Licensed Pest Control Operator access to the Premises for inspection or Remedial Treatment.
(b) Failure to provide access constitutes a material breach of this Addendum and the Lease.
3.5 Preparation Requirements.
Tenant shall comply with all prep instructions supplied by the Licensed Pest Control Operator, including laundering, bagging of personal items, and temporary vacating if reasonably required.
3.6 Cost Allocation.
(a) Initial Discovery Period. If an Infestation is reported within thirty (30) days after the Effective Date, Landlord shall bear the reasonable cost of Remedial Treatment, unless clear evidence shows Tenant introduced the Infestation.
(b) Thereafter. After the Initial Discovery Period, Tenant shall bear:
(i) All costs if Tenant, Tenant’s occupants, guests, or pets introduced the Infestation through negligence or willful act; or
(ii) Fifty percent (50 %) of costs if origin cannot be reasonably determined.
(c) Landlord shall advance all necessary payments to the Licensed Pest Control Operator and may invoice Tenant for Tenant’s share as Additional Rent, payable within thirty (30) days of written demand.
3.7 Temporary Relocation.
Landlord may, but is not obligated to, provide comparable temporary accommodations at Tenant’s expense unless the Infestation is determined to pre-exist Tenant’s occupancy, in which case relocation shall be at Landlord’s expense.
3.8 Personal Property Protection.
Insurance of personal property is Tenant’s responsibility; Landlord recommends obtaining renter’s insurance that covers Bedbug-related losses.
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4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents it has full authority to enter into and perform this Addendum.
4.2 Landlord’s Limited Warranty. Landlord warrants that any Remedial Treatment will be performed by a Licensed Pest Control Operator in accordance with industry standards. EXCEPT AS EXPRESSLY STATED, LANDLORD MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ABSENCE OR ERADICATION OF BEDBUGS.
4.3 Tenant’s Warranty. Tenant warrants that all personal property introduced into the Premises is free of Bedbugs and that Tenant will not knowingly bring Bedbug-infested items onto the Premises.
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5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants:
(a) Not to install discarded or second-hand mattresses, upholstered furniture, or similar items unless inspected and certified Bedbug-free.
(b) To comply with all prep and post-treatment protocols.
(c) To reimburse Landlord for any damages or expenses arising from Tenant’s breach of this Addendum.
5.2 Landlord Covenants:
(a) To coordinate prompt inspection and, where indicated, Remedial Treatment by a Licensed Pest Control Operator.
(b) To provide Tenant with written findings and treatment reports within five (5) business days after receipt.
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6. DEFAULT & REMEDIES
6.1 Events of Default.
(i) Tenant’s failure to provide required notices or access.
(ii) Tenant’s failure to pay invoiced Bedbug costs when due.
(iii) Landlord’s failure to initiate reasonable remedial action within a commercially reasonable time after notice.
6.2 Notice & Cure.
The non-defaulting party shall give written notice specifying the default. The defaulting party shall have seven (7) days to cure, except that failure to grant access under Section 3.4 may be cured within twenty-four (24) hours.
6.3 Graduated Remedies.
(a) Upon Tenant default, Landlord may: (1) perform Tenant’s obligations at Tenant’s expense; (2) recover costs as Additional Rent; and/or (3) pursue any remedy under the Lease or applicable law.
(b) Upon Landlord default, Tenant may: (1) seek injunctive relief to compel habitability as permitted by Oklahoma law; (2) recover Actual Damages; and (3) exercise any self-help rights expressly allowed by statute.
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7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold Landlord harmless from Actual Damages arising out of Tenant’s breach of this Addendum or negligence in introducing Bedbugs.
(b) Landlord shall indemnify Tenant for Actual Damages proximately caused by Landlord’s gross negligence or willful failure to remediate a known Infestation.
7.2 Limitation of Liability.
Except for indemnity obligations or claims arising from gross negligence or willful misconduct, neither party shall be liable for any consequential, special, or punitive damages. Liability is capped at Actual Damages.
7.3 Insurance.
Each party shall maintain insurance customary for similarly situated landlords or tenants, respectively, in Oklahoma.
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8. DISPUTE RESOLUTION
8.1 Governing Law.
This Addendum and the Lease shall be governed by and construed in accordance with the Oklahoma Residential Landlord and Tenant Act and other applicable Oklahoma law.
8.2 Forum Selection.
Exclusive jurisdiction and venue lie in the state district court or housing court having jurisdiction over the county where the Premises is located.
8.3 Arbitration Excluded.
The parties expressly opt out of arbitration for any dispute arising under this Addendum.
8.4 Jury Trial Preservation.
Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.
8.5 Injunctive Relief.
Either party may seek injunctive or other equitable relief to enforce habitability or access obligations without the posting of bond to the extent permitted by law.
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9. GENERAL PROVISIONS
9.1 Amendment & Waiver.
No amendment or waiver is effective unless in a writing signed by both parties. Waiver of one breach is not waiver of another.
9.2 Assignment.
Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as allowed under the Lease.
9.3 Successors & Assigns.
This Addendum binds and benefits the parties and their lawful successors and permitted assigns.
9.4 Severability.
Invalidity of any provision does not affect the remainder; the provision will be reformed to the minimum extent necessary to be enforceable.
9.5 Integration.
This Addendum and the Lease constitute the entire agreement regarding Bedbugs, superseding all prior or contemporaneous understandings.
9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original. Electronic signatures are enforceable to the fullest extent permitted by law.
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10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| Name: [PRINT] | Name: [PRINT] |
| Title: [IF ENTITY] | |
| Date: ______ | Date: ______ |
[// GUIDANCE: Notarization is not generally required for Oklahoma residential lease addenda. If local practice or lender requirements dictate, insert a standard notary acknowledgment block here.]
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END OF DOCUMENT