ADDENDUM TO RESIDENTIAL LEASE AGREEMENT

(Bedbug Disclosure & Allocation of Responsibilities)

(Commonwealth of Pennsylvania)

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 & Allocation of Responsibilities Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:
   • Landlord: [LEGAL NAME], with a mailing address at [ADDRESS] (“Landlord”); and
   • Tenant(s): [TENANT NAME(S)], collectively and individually (“Tenant”).

2. Reference to Primary Lease
   This Addendum is incorporated into and made part of that certain Residential Lease Agreement dated [LEASE DATE] (“Lease”) concerning the residential premises located at [PREMISES ADDRESS] (the “Premises”). Except as expressly modified herein, all terms of the Lease remain in full force and effect.

3. Consideration & Purpose
   The parties enter into this Addendum to comply with applicable Pennsylvania landlord-tenant law and to allocate disclosure duties, treatment obligations, and costs relating to bedbug infestations in or about the Premises.

4. Governing Law & Jurisdiction Statement
   This Addendum shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to residential landlord–tenant relationships.

II. DEFINITIONS

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

“Affected Area” – The specific room(s) or area(s) within the Building where a Bedbug Infestation is confirmed by a Qualified Pest Control Professional.

“Bedbug” – Cimex lectularius or any related species commonly referred to as bedbugs, in any life stage (egg, nymph, or adult).

“Bedbug Infestation” or “Infestation” – The presence of Bedbugs, viable Bedbug eggs, or other evidence of live Bedbugs in the Premises or in Personal Property located within the Premises, as confirmed in writing by a Qualified Pest Control Professional.

“Building” – The structure in which the Premises is situated, including all common areas.

“Costs of Remediation” – All reasonable and documented costs for inspection, treatment, re-inspection, monitoring devices, disposal of Personal Property, and reasonable temporary relocation, if any.

“Personal Property” – Tenant’s clothing, bedding, furniture, electronics, and all other non-fixture items brought onto or stored within the Premises.

“Qualified Pest Control Professional” – A pest management company or individual holding a current Pennsylvania Pesticide Applicator Certification with Category 11 (Household/Health-Related) or its successor classification.

“Treatment Plan” – A written protocol prepared by a Qualified Pest Control Professional describing the inspection, remediation, follow-up, and monitoring steps required to eradicate a Bedbug Infestation.

III. OPERATIVE PROVISIONS

3.1 LANDLORD’S INITIAL DISCLOSURE
(a) To the best of Landlord’s actual knowledge as of the Effective Date:
[ ] The Premises is not currently, and has not been during the prior twelve (12) months, subject to a Bedbug Infestation.
[ ] The Premises is or has been subject to a Bedbug Infestation within the prior twelve (12) months. Details: ______.

[// GUIDANCE: Landlord should check applicable box and provide complete information to avoid future claims of nondisclosure.]

3.2 TENANT’S PRE-OCCUPANCY INSPECTION & NOTICE
(a) Tenant shall visually inspect the Premises within forty-eight (48) hours following possession and immediately notify Landlord in writing of any suspected Bedbug activity.
(b) Failure to provide timely written notice shall constitute prima facie evidence that no Infestation existed at initial occupancy.

3.3 REPORTING OBLIGATIONS DURING TENANCY
Tenant shall provide written notice to Landlord within twenty-four (24) hours after Tenant first becomes aware of any conditions reasonably indicating a possible Infestation.

3.4 ACCESS & COOPERATION
(a) Upon Landlord’s reasonable notice (minimum 12 hours, or as otherwise required by law), Tenant shall grant Landlord and the Qualified Pest Control Professional access to the Premises for inspection, treatment, and follow-up visits.
(b) Tenant shall execute any preparation checklist provided by the Qualified Pest Control Professional and shall properly prepare the Premises and Personal Property at Tenant’s sole cost unless otherwise allocated herein.

3.5 TREATMENT OBLIGATIONS
(a) Initial Infestation. If an Infestation is confirmed within thirty (30) days after Tenant’s initial occupancy, Landlord shall, at Landlord’s expense, engage a Qualified Pest Control Professional to create and implement a Treatment Plan.
(b) Subsequent Infestations. For Infestations confirmed after the above period, the Costs of Remediation shall be allocated as follows:
i. Landlord: 100% of Costs of Remediation unless the Infestation is more likely than not attributable to Tenant’s negligent or willful conduct, in which case
ii. Tenant: 100% of Costs of Remediation, including any follow-up treatments and any damages to adjacent units caused by Tenant’s breach of this Addendum.

[// GUIDANCE: Paragraph 3.5 reflects the typical Pennsylvania approach of placing responsibility on the landlord absent tenant fault. Adjust allocation as negotiated.]

3.6 DISPOSAL & REPLACEMENT OF PERSONAL PROPERTY
Tenant is solely responsible for the costs and risk of loss associated with cleaning, treating, encasing, or discarding Personal Property, except where Landlord elects to pay such costs in writing.

3.7 TEMPORARY RELOCATION
If the Treatment Plan reasonably requires Tenant to vacate the Premises temporarily, Landlord shall provide reasonable alternative accommodations or a rent abatement pro-rated for the period of displacement, subject to Tenant’s compliance with this Addendum.

3.8 DOCUMENTATION
Landlord shall maintain, for a minimum of three (3) years, records of all inspections, Treatment Plans, certifications of completion, and related correspondence, and shall provide copies to Tenant upon written request.

IV. REPRESENTATIONS & WARRANTIES

4.1 By Landlord
(a) Landlord has disclosed all information in its possession concerning any prior Bedbug Infestation in the Premises or Building.
(b) Landlord shall engage only Qualified Pest Control Professionals and shall comply with all manufacturer instructions and applicable regulations governing pesticide application.

4.2 By Tenant
(a) Tenant represents that, to Tenant’s best knowledge, all Personal Property to be brought into the Premises is free of Bedbugs.
(b) Tenant has not within the past twelve (12) months knowingly lived in a dwelling currently or previously infested by Bedbugs unless Tenant has fully disclosed such prior exposure below:
Disclosure: _________.

4.3 Survival
All representations and warranties herein shall survive termination of the Lease to the extent necessary to enforce any indemnification or reimbursement obligations arising under this Addendum.

V. COVENANTS & RESTRICTIONS

5.1 Tenant shall:
(a) Avoid acquiring used mattresses, upholstered furniture, or similar Personal Property unless inspected and certified Bedbug-free.
(b) Follow all directions of the Qualified Pest Control Professional, including laundering, bagging, or discarding of Personal Property.
(c) Refrain from self-treating the Premises with over-the-counter pesticides without Landlord’s prior written consent.

5.2 Landlord shall:
(a) Coordinate all inspections and treatments promptly upon receipt of notice.
(b) Deliver any pre- and post-treatment reports to Tenant within five (5) business days of receipt.

VI. DEFAULT & REMEDIES

6.1 Tenant Default
The following constitute material defaults:
(a) Failure to timely provide required notice of suspected Infestation;
(b) Failure to prepare the Premises or Personal Property as required;
(c) Willful introduction or re-introduction of Bedbugs.

6.2 Landlord Remedies
Upon Tenant default, Landlord may, after giving any notice and cure period required by the Lease or applicable law:
i. Charge Tenant for all Costs of Remediation and related damages;
ii. Seek injunctive relief compelling compliance;
iii. Declare a lease violation subject to termination in accordance with the Lease.

6.3 Landlord Default & Tenant Remedies
If Landlord fails to comply with its obligations under this Addendum, Tenant may:
i. Seek injunctive or declaratory relief to compel Landlord performance;
ii. Exercise any statutory rights relating to habitability, including rent abatement or repair-and-deduct as permitted by law.

6.4 Attorney Fees and Costs
In any action to enforce this Addendum, the prevailing party is entitled to recover reasonable attorney fees, expert witness fees, and court costs.

VII. RISK ALLOCATION

7.1 Indemnification
(a) Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its agents, and employees (collectively, the “Indemnified Parties”) from and against all actual damages (excluding consequential, special, and punitive damages) and reasonable costs arising out of the Indemnifying Party’s breach of this Addendum or negligent act or omission relating to Bedbug control.
(b) The obligations in this Section survive termination of the Lease.

7.2 Limitation of Liability
Except for willful misconduct, gross negligence, or failure to comply with Section 5.1, each party’s aggregate liability under this Addendum is limited to its actual damages proven in accordance with applicable law.

7.3 Insurance
Tenant is advised to maintain renter’s insurance covering Personal Property loss due to Bedbug Infestation. [// GUIDANCE: Insert minimum coverage requirements if desired.]

7.4 Force Majeure
Neither party is liable for delay or failure to perform hereunder caused by events beyond its reasonable control (excluding financial inability) that render Bedbug treatment or inspection temporarily impossible, provided the affected party promptly notifies the other and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum shall be governed by the residential landlord-tenant laws of the Commonwealth of Pennsylvania.

8.2 Forum Selection
Any judicial action arising from or relating to this Addendum shall be brought exclusively in the [COUNTY] Court of Common Pleas, Housing Court Division, sitting in [COUNTY], Pennsylvania.

8.3 Arbitration
The parties expressly agree NOT to submit disputes under this Addendum to arbitration.

8.4 Jury Trial
Each party acknowledges its constitutional right to a jury trial in civil actions and does not waive such right.

8.5 Injunctive Relief
Nothing herein limits either party’s right to seek injunctive relief necessary to protect health, safety, or habitability.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on subsequent occasions.

9.2 Assignment & Delegation
Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as required by law upon court order.

9.3 Successors & Assigns
This Addendum binds and benefits the parties and their respective heirs, successors, and permitted assigns.

9.4 Severability
If any provision is held unenforceable, the remaining provisions shall be enforced to the maximum extent permitted, and, if necessary, the unenforceable provision shall be modified to give it the fullest lawful effect.

9.5 Integration
This Addendum, together with the Lease, constitutes the entire agreement between the parties regarding Bedbug matters, superseding 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 all of which together constitute one instrument. Signatures transmitted electronically (including by PDF or DocuSign®) are deemed original for all purposes.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment—Commonwealth of Pennsylvania]
[// GUIDANCE: Pennsylvania law does not require notarization of residential lease addenda; include only if client or lender requires.]