BEDBUG DISCLOSURE AND TREATMENT ADDENDUM

to Residential Lease Agreement – State of South Carolina

[// GUIDANCE: Attach this Addendum to each Residential Lease Agreement for a dwelling unit located in South Carolina. Replace all bracketed placeholders before execution.]

I. DOCUMENT HEADER

1. Parties
   This Bedbug Disclosure and Treatment Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   a. [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”); and
   b. [TENANT LEGAL NAME] (“Tenant”) (collectively, the “Parties”).

2. Premises
   The dwelling unit subject to this Addendum is located at [PREMISES STREET ADDRESS, CITY, SC ZIP] (the “Premises”) and is governed by that certain [DATE] Residential Lease Agreement (the “Lease”).

3. Purpose & Consideration
   Pursuant to the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. §§ 27-40-10 et seq., and in furtherance of the Parties’ duties regarding habitability and pest control, the Parties desire to set forth their respective rights, obligations, disclosures, and cost allocations concerning actual or suspected bedbug (Cimex lectularius) infestations at the Premises.

II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. Capitalized terms not defined herein have the meanings assigned in the Lease.

“Bed Bugs” – Common household parasitic insects of the genus Cimex, including eggs, nymphs, and adult forms.

“Bedbug Incident” – (i) the presence or reasonable suspicion of Bed Bugs at the Premises, or (ii) any event reasonably indicating that Tenant’s personal property is infested.

“Inspection Window” – The period of [X] calendar days after Landlord’s delivery of written notice of a Bedbug Incident during which Tenant must provide Landlord, Landlord’s agents, and any Licensed Pest Control Professional reasonable access to the Premises.

“Licensed Pest Control Professional” – A person or entity duly licensed under South Carolina law to inspect for and treat Bed Bugs.

“Treatment Plan” – A written protocol prepared by a Licensed Pest Control Professional describing the scope, schedule, chemicals, equipment, and occupant preparation requirements necessary to eradicate Bed Bugs from the Premises.

III. OPERATIVE PROVISIONS

3.1 Initial Disclosure by Landlord.
a. Landlord represents that, to Landlord’s actual knowledge, the Premises:
i. have ☐ / have not ☐ experienced a Bedbug Incident within the immediately preceding [12] months; and
ii. are ☐ / are not ☐ currently subject to an active Treatment Plan.
b. If “have” or “are” is checked, Landlord shall attach a summary of the past Incident(s) or the current Treatment Plan as Exhibit A.

3.2 Tenant Pre-Occupancy Inspection & Acknowledgment.
a. Tenant acknowledges receipt of any disclosure attached hereto and represents that Tenant has inspected the Premises prior to occupancy and observed no evidence of Bed Bugs.
b. Tenant shall not bring into the Premises any item that Tenant knows or should reasonably know is infested with Bed Bugs.

3.3 Ongoing Duty to Report.
Tenant shall provide Landlord with written notice of any suspected Bedbug Incident within [24] hours of discovery. Failure to timely report shall constitute a material breach of this Addendum and the Lease.

3.4 Access for Inspection and Treatment.
Upon reasonable notice (not less than [24] hours except in emergencies), Tenant shall grant Landlord, its agents, and any Licensed Pest Control Professional access to the Premises during the Inspection Window and any subsequent Treatment Plan appointments.

3.5 Cooperation Obligations.
a. Tenant shall, at Tenant’s sole expense, comply with all occupant preparation requirements described in the Treatment Plan (e.g., laundering, vacuuming, bagging personal items).
b. Tenant’s failure to comply may result in additional treatment costs and/or extension of the Treatment Plan, for which Tenant may be held responsible as provided in Section VII.1.

3.6 Personal Property.
Landlord is not responsible for decontaminating or replacing Tenant’s personal property. Tenant is advised to carry renter’s insurance covering pest-related losses.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority.
Each Party warrants that it has full legal right, power, and authority to execute and deliver this Addendum and perform hereunder.

4.2 Landlord’s Limited Warranty.
Landlord warrants that any Bedbug treatment conducted by or on behalf of Landlord will be performed by a Licensed Pest Control Professional in accordance with all applicable laws and manufacturer instructions.

4.3 Survival.
The representations and warranties in this Addendum survive termination of the Lease solely with respect to Bedbug Incidents occurring during the Lease Term.

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants.
a. Landlord shall promptly schedule inspection and, if required, treatment upon receipt of Tenant’s notice.
b. Landlord shall deliver to Tenant a copy of any Treatment Plan and any post-treatment clearance documentation.

5.2 Tenant Covenants.
a. Tenant shall not interfere with inspection or treatment efforts.
b. Tenant shall not self-treat with over-the-counter pesticides without Landlord’s prior written consent.
c. Tenant shall comply with all re-entry timeframes specified by the Licensed Pest Control Professional.

5.3 Prohibited Conduct.
Subletting, assignment, or guest occupancy is prohibited during an active Treatment Plan without Landlord’s prior written consent.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Tenant’s failure to: (i) timely notify Landlord of a Bedbug Incident; (ii) provide required access; or (iii) comply with preparation instructions.
b. Landlord’s failure to timely commence inspection or treatment after written notice of a Bedbug Incident.

6.2 Cure Periods.
The defaulting Party has [5] business days after written notice to commence a cure.

6.3 Remedies.
a. Non-defaulting Party may pursue all remedies available under the Lease and South Carolina law, including but not limited to:
i. actual damages;
ii. injunctive relief to enforce habitability (Landlord) or access (Tenant); and
iii. termination of the Lease upon [10] days’ written notice if the default remains uncured.
b. The prevailing Party is entitled to reasonable attorney’s fees and costs.

VII. RISK ALLOCATION

7.1 Indemnification.
a. Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, and expenses arising out of any Bedbug Incident introduced or exacerbated by Tenant, Tenant’s occupants, or guests.
b. Landlord shall indemnify Tenant for losses arising from Landlord’s gross negligence or willful misconduct in performing inspection or treatment.

7.2 Limitation of Liability.
Except for indemnity obligations or claims arising from gross negligence or willful misconduct, each Party’s liability under this Addendum is limited to actual, direct damages; consequential, punitive, and exemplary damages are disclaimed to the fullest extent permitted by law.

7.3 Insurance.
Tenant shall maintain renter’s insurance with not less than [$____] personal property coverage and [$____] liability coverage naming Landlord as additional insured as to liability.

7.4 Force Majeure.
Delays in inspection or treatment caused by force majeure events (e.g., supply shortages, governmental orders) extend performance deadlines for a period equal to the delay.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum and any dispute hereunder are governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles.

8.2 Forum Selection.
The Parties submit to the exclusive jurisdiction of the state courts of competent jurisdiction located in [COUNTY], South Carolina.

8.3 Arbitration Excluded.
The Parties expressly opt out of arbitration; disputes shall be resolved solely in the designated courts.

8.4 Jury Trial.
Nothing herein constitutes a waiver of any Party’s constitutional right to a trial by jury.

8.5 Injunctive Relief.
Either Party may seek temporary, preliminary, and/or permanent injunctive relief to enforce habitability, access, or other obligations under this Addendum, in addition to any other remedies.

IX. GENERAL PROVISIONS

9.1 Amendment and Waiver.
No amendment or waiver of this Addendum is effective unless in a writing signed by both Parties. No waiver of a breach constitutes waiver of any subsequent breach.

9.2 Assignment.
Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent.

9.3 Successors and Assigns.
This Addendum binds and inures to the benefit of the Parties and their respective successors and permitted assigns.

9.4 Severability.
Any provision held invalid is severed and the remainder of the Addendum continues in full force, the invalid provision being reformed to the minimum extent necessary to render it enforceable.

9.5 Entire Agreement.
This Addendum, together with the Lease and any exhibits, constitutes the entire understanding of the Parties regarding Bed Bugs and supersedes all prior discussions.

9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original, and signatures delivered electronically or by other reliable means have the same effect as originals.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Bedbug Disclosure and Treatment Addendum effective as of the Effective Date first written above.

[// GUIDANCE: Notarization is generally not required for residential lease addenda in South Carolina, but obtain notarization if local practice dictates or if the Lease is to be recorded.]

EXHIBIT A – Prior Bedbug History or Current Treatment Plan
[Attach if applicable; otherwise mark “N/A”.]