BEDBUG DISCLOSURE AND TREATMENT ADDENDUM
to Residential Lease/Rental Agreement
(Oregon)
[// GUIDANCE: This Addendum is intended for use with residential rental properties governed by Oregon’s Residential Landlord and Tenant Act, OR. REV. STAT. ch. 90 (2023). Attach this document to the primary Lease/Rental Agreement (the “Lease”) and incorporate it by reference in the Lease’s integration clause.]
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
-
Parties.
This Bedbug Disclosure and Treatment Addendum (the “Addendum”) is entered into by and between [LANDLORD LEGAL NAME], (“Landlord”), and [TENANT LEGAL NAME(S)], individually and collectively (“Tenant”), with respect to the residential real property located at [PROPERTY ADDRESS] (the “Premises”). -
Recitals.
A. Landlord and Tenant are parties to the Lease dated [EFFECTIVE DATE OF LEASE] (the “Lease”).
B. Oregon law requires disclosure of any knowledge of bedbug (Cimex lectularius) presence and imposes specific inspection, treatment, and cost-allocation obligations on both landlords and tenants.
C. The parties desire to supplement the Lease to address bedbug-related rights and duties in compliance with applicable law and to allocate associated risks and costs. -
Effective Date.
This Addendum is effective as of [EFFECTIVE DATE OF ADDENDUM] (the “Effective Date”) and is incorporated into the Lease as of that date. -
Governing Law and Jurisdiction.
This Addendum shall be governed by and construed in accordance with the Oregon Residential Landlord and Tenant Act and related regulations (collectively, “State Landlord-Tenant Law”).
II. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below. Terms not defined herein have the meanings assigned in the Lease.
“Addendum” has the meaning provided in Section I.
“Affiliate” means, with respect to any Person, any other Person controlling, controlled by, or under common control with such Person.
“Bedbug Information Sheet” means the educational materials on bedbug identification, prevention, and treatment required under State Landlord-Tenant Law.
“Certified Bedbug-Free Certificate” means written confirmation from a Licensed Pest Control Professional stating that the Premises, or any treated portion thereof, has been inspected and found free of live bedbugs and viable eggs.
“Landlord” has the meaning provided in Section I.
“Lease” has the meaning provided in Section I.
“Licensed Pest Control Professional” means a pest management company or individual properly licensed under Oregon law to inspect for and treat bedbug infestations.
“Premises” has the meaning provided in Section I.
“State Landlord-Tenant Law” has the meaning provided in Section I.
“Tenant” has the meaning provided in Section I.
III. OPERATIVE PROVISIONS
3.1 Disclosure of Prior Infestation.
(a) Landlord represents that, to Landlord’s actual knowledge, the Premises [has / has not] been treated for bedbugs within the preceding [INSERT PERIOD, e.g., 12 months].
(b) If treated, Landlord has provided Tenant with (i) the dates of all treatments, (ii) names of Licensed Pest Control Professionals, and (iii) any Certified Bedbug-Free Certificates issued.
3.2 Provision of Bedbug Information Sheet.
Landlord shall deliver the Bedbug Information Sheet to Tenant on or before commencement of occupancy. Tenant acknowledges receipt by initialing here: Initials: __.
3.3 Initial Inspection.
Landlord shall, within [X] days after the Effective Date, cause the Premises to be visually inspected for signs of bedbugs by a Licensed Pest Control Professional at Landlord’s sole cost, unless Landlord has provided a current Certified Bedbug-Free Certificate dated no earlier than [30] days prior to move-in.
3.4 Ongoing Duty to Notify.
Tenant shall promptly (and in any event within 48 hours) notify Landlord in writing of any suspected bedbug activity in the Premises or the building. Notice may be delivered by the method(s) permitted in the Lease.
3.5 Access for Inspection and Treatment.
Tenant shall grant Landlord, Landlord’s agents, and any Licensed Pest Control Professional reasonable access to the Premises, upon at least 24-hour notice or as otherwise permitted by law, for purposes of inspection, treatment, or follow-up monitoring.
3.6 Preparation Requirements.
Tenant shall fully comply with all preparation instructions provided by the Licensed Pest Control Professional, including but not limited to laundering, vacuuming, and furniture preparation. Failure to comply constitutes a material breach.
3.7 Treatment Schedule; Follow-Up.
(a) Landlord shall arrange for professional treatment within a commercially reasonable time following confirmed infestation, consistent with industry standards and State Landlord-Tenant Law.
(b) Follow-up inspections shall occur as recommended by the Licensed Pest Control Professional until a Certified Bedbug-Free Certificate is issued.
3.8 Cost Allocation.
(a) Landlord Responsibility. Landlord shall bear all reasonable costs for inspection, treatment, and remediation unless a Licensed Pest Control Professional (i) certifies in writing that Tenant, Tenant’s guests, or Tenant’s personal property introduced the infestation and (ii) reasonably estimates a time of introduction subsequent to Tenant’s occupancy.
(b) Tenant Responsibility. Where (a)(i) and (ii) are satisfied, Tenant shall reimburse Landlord within [10] days after demand for all reasonable costs incurred, plus a 10% administrative fee.
[// GUIDANCE: Adjust the administrative fee or remove it entirely if local counsel advises it may be deemed unconscionable under ORS 90.]
3.9 Habitability; Temporary Relocation.
If treatment requires temporary removal from the Premises, Landlord shall (i) provide Tenant with alternative comparable accommodations at no additional rent, or (ii) abate rent proportionally, consistent with Landlord’s habitability obligations under State Landlord-Tenant Law.
3.10 Personal Property Responsibility.
Landlord is not responsible for damage to or disposal of Tenant’s personal property unless caused by Landlord’s gross negligence or willful misconduct. Tenant is advised to obtain renters’ insurance covering bedbug infestation.
IV. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full legal authority to execute and perform this Addendum.
4.2 Accuracy of Disclosures. Landlord and Tenant each warrant that all statements, documents, and certifications furnished under this Addendum are true, complete, and accurate in all material respects on the date given.
V. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall (a) keep the Premises in sanitary condition; (b) refrain from bringing into the Premises discarded furniture or mattresses of unknown origin; and (c) immediately bag and seal any personal property identified as infested before removal from the Premises.
5.2 Landlord Covenants. Landlord shall retain only Licensed Pest Control Professionals, maintain copies of all inspection and treatment records for a minimum of [2] years, and make such records available to Tenant upon request.
VI. DEFAULT & REMEDIES
6.1 Tenant Default. The following constitute events of default:
(i) Failure to grant access as required;
(ii) Failure to comply with preparation requirements;
(iii) Failure to reimburse costs where Tenant is responsible under Section 3.8(b).
6.2 Notice & Cure. Landlord shall provide written notice of default specifying the nature of breach. Tenant shall have [72] hours to cure access or cooperation breaches, and [10] days to cure monetary breaches.
6.3 Remedies. If Tenant fails to cure within the applicable period, Landlord may (a) treat such failure as a non-curable violation under the Lease entitling Landlord to terminate tenancy as permitted by State Landlord-Tenant Law, (b) recover actual damages, and (c) obtain injunctive or equitable relief necessary to compel compliance.
6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs, subject to the limitations of OR. REV. STAT. § 90.255.
VII. RISK ALLOCATION
7.1 Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s Affiliates from and against all claims, losses, and expenses (including reasonable attorney fees) arising out of or relating to an infestation determined in accordance with Section 3.8(b) to have been introduced by Tenant.
7.2 Limitation of Liability. Except for gross negligence or willful misconduct, neither party is liable for consequential, punitive, or exemplary damages; recovery is limited to actual, direct damages.
7.3 Insurance. Landlord may require, and if so Tenant shall maintain, renters’ insurance covering infestation-related losses with minimum limits of [$__] per occurrence and shall name Landlord as additional insured where permissible.
7.4 Force Majeure. Performance is excused to the extent rendered impossible or impracticable by events beyond the reasonable control of the affected party, excluding financial inability.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum is governed by State Landlord-Tenant Law without regard to conflicts-of-law principles.
8.2 Forum Selection. Any judicial action arising from this Addendum shall be filed exclusively in the [COUNTY] County Circuit Court, Housing Court Division, State of Oregon.
8.3 Arbitration. The parties expressly agree that arbitration is excluded.
8.4 Jury Trial. Each party reserves its constitutional right to a jury trial; any waiver must be in a separate, conspicuous writing signed by the waiving party.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or equitable relief to preserve habitability or to enforce access for inspection and treatment.
IX. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by both parties. Waiver of any breach does not constitute waiver of any other or subsequent breach.
9.2 Assignment. Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which may be conditioned on execution of a new bedbug addendum.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held illegal or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding the subject matter and supersedes all prior or contemporaneous oral or written agreements.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and by electronic signature, which is binding to the same extent as an ink-signed original under the federal ESIGN Act and ORS 84 (Uniform Electronic Transactions Act).
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: _____
Name: _____
Title: ____
Date: ____
TENANT(S):
1. _____ Date: _____
[PRINT NAME]
-
_____ Date: _____
[PRINT NAME] -
_____ Date: _____
[PRINT NAME]
[NOTARY BLOCK IF REQUIRED BY LOCAL PRACTICE]
[// GUIDANCE:
1. Deliver a completed Bedbug Information Sheet contemporaneously with this Addendum.
2. Review local county court rules for any mandatory mediation steps prior to filing suit.
3. Consider omitting or adjusting any administrative fee in Section 3.8(b) if it risks being characterized as a penalty.
4. Confirm consistency with any additional municipal ordinances (e.g., Portland City Code § 30.01.040).]