**BEDBUG DISCLOSURE & ADDENDUM

to Residential Lease Agreement (South Dakota)**

[// GUIDANCE: This template is designed for attachment to an existing South Dakota residential lease. It supersedes any inconsistent language in the main lease with respect to bedbug matters only.]

I. DOCUMENT HEADER

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

2. Premises
The residential dwelling located at [PROPERTY ADDRESS], together with all appurtenant areas (the “Premises”).

3. Purpose & Consideration
Landlord and Tenant desire to supplement the Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”) to address disclosure, treatment, and cost allocation relating to bedbugs, in compliance with South Dakota law (including S.D. Codified Laws ch. 43-32) and prevailing public-health standards.

4. Hierarchy
If any term of this Addendum conflicts with the Lease, this Addendum controls solely with respect to the subject matter herein.

TABLE OF CONTENTS

1. Definitions
2. Disclosures & Inspections
3. Representations & Warranties
4. Covenants & Obligations
5. Cost Allocation
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution & Governing Law
9. General Provisions
10. Execution

II. DEFINITIONS

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

1. “Bed Bugs” means any life stage of Cimex lectularius or Cimex hemipterus.
2. “Certified Inspection” means a visual and canine-aided inspection performed by a Licensed Pest Control Operator.
3. “Cost of Treatment” means all reasonable costs incurred for inspection, treatment, remediation, and temporary relocation (if ordered by Landlord or governmental authority).
4. “Infestation” means the presence of one (1) or more live Bed Bugs, exoskeletons, eggs, fecal spotting, or other verifiable evidence as documented in a Certified Inspection report.
5. “Licensed Pest Control Operator” or “LPCO” means a pest-management professional holding all licenses required under S.D. administrative regulations.
6. “Notice of Infestation” means written notice in accordance with Section 4.3.

[// GUIDANCE: Expand or narrow definitions to align with local pest-control terminology or scientific standards as needed.]

III. OPERATIVE PROVISIONS

1. Disclosures & Inspections

1.1 Prior Condition Disclosure. Landlord represents that a Certified Inspection was performed within [INSPECTION WINDOW: e.g., 10] days preceding the Effective Date and that, to Landlord’s knowledge, the Premises were ☐ free / ☐ not free of Infestation as of the inspection date. A copy of the inspection report ☐ is / ☐ is not attached as Exhibit A.

1.2 Tenant’s Initial Disclosure. Before taking possession, Tenant shall complete and return the “Tenant Bedbug Questionnaire” attached as Exhibit B, disclosing:
a. any prior Bed Bug encounters within the past 12 months; and
b. whether Tenant is bringing any personal property previously located in an infested dwelling.

1.3 Move-In Grace Period. If Tenant provides a Notice of Infestation within [GRACE PERIOD: 15] days after taking possession, and a Certified Inspection confirms the Infestation, the Infestation shall be deemed pre-existing for cost-allocation purposes (see Section 5).

2. Representations & Warranties

2.1 Mutual Compliance Warranty. Each Party warrants ongoing compliance with all applicable public-health ordinances and pest-control regulations.

2.2 Landlord’s Limited Warranty of Habitability. Subject to Tenant’s obligations herein, Landlord warrants that the Premises will remain fit for human habitation as required under S.D. Codified Laws ch. 43-32 during the Lease Term.

2.3 Tenant’s Personal Property Warranty. Tenant represents that, to Tenant’s knowledge, no personal property moved into the Premises is infested.

2.4 Survival. The warranties in this Section survive expiration or termination of the Lease for 12 months.

3. Covenants & Obligations

3.1 Tenant Duties. Tenant shall:
a. maintain the Premises in a clean and sanitary condition;
b. promptly submit a Notice of Infestation within 24 hours of discovery;
c. cooperate fully with any inspection or treatment, including laundering, bagging, or discarding personal property as instructed by an LPCO;
d. comply with all re-entry timeframes and post-treatment protocols; and
e. not treat the Premises with over-the-counter pesticides without Landlord’s prior written consent.

3.2 Landlord Duties. Landlord shall:
a. upon receipt of Notice of Infestation, engage an LPCO within [ENGAGEMENT PERIOD: 3] business days;
b. provide Tenant with at least 24 hours’ notice of entry for inspection or treatment, except in emergencies;
c. furnish Tenant with all inspection/treatment reports; and
d. complete eradication efforts using industry-standard methods until the Premises are certified free from Infestation.

3.3 Access. Tenant’s failure to grant reasonable access after two (2) written requests constitutes a material breach and Event of Default.

3.4 Relocation. Temporary relocation, if required by an LPCO or governmental order, shall be handled in accordance with Section 5.3.

IV. COST ALLOCATION

4.1 Pre-Existing or No-Fault Infestation. Landlord bears the Cost of Treatment if:
a. the Infestation is reported within the Move-In Grace Period; or
b. the Infestation is not attributable to Tenant’s negligence, willful misconduct, or breach of this Addendum.

4.2 Tenant-Attributable Infestation. Tenant bears the Cost of Treatment (including Cost of Treatment for adjacent units if required by the LPCO) if:
a. Tenant fails to provide timely Notice of Infestation;
b. Tenant’s acts or omissions cause or contribute to the Infestation; or
c. Tenant obstructs or fails to comply with treatment protocols.

4.3 Cost Advances. Landlord may advance costs and invoice Tenant. Amounts unpaid after [NET: 10] days constitute Additional Rent collectible under the Lease and mayor be deducted from the Security Deposit in accordance with S.D. Codified Laws ch. 43-32.

4.4 Documentation. The invoicing Party shall provide reasonable supporting documentation (e.g., invoices, LPCO certifications).

V. DEFAULT & REMEDIES

5.1 Events of Default. The following constitute a material default under this Addendum and the Lease:
a. failure to pay Cost of Treatment when due;
b. refusal to provide access or to comply with treatment protocols; or
c. misrepresentation in any required disclosure.

5.2 Notice & Cure. Landlord shall provide written notice specifying the default. Tenant shall have [CURE PERIOD: 3] days to cure monetary defaults and [CURE PERIOD: 2] days to cure non-monetary defaults.

5.3 Remedies. Upon uncured default, Landlord may:
a. perform any duty on Tenant’s behalf and charge Actual Damages;
b. declare the Lease terminated after statutory notice;
c. obtain injunctive relief to enforce habitability obligations; and
d. recover attorney fees and court costs as Additional Rent.

VI. RISK ALLOCATION

6.1 Indemnification.
a. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and affiliates from and against any Actual Damages, claims, or governmental penalties arising out of Tenant-Attributable Infestation.
b. Landlord shall indemnify Tenant from Actual Damages arising from Landlord’s failure to perform duties expressly assumed herein.

6.2 Limitation of Liability. Except for obligations under Section 6.1, liability of either Party is limited to direct, Actual Damages. Consequential, punitive, and exemplary damages are disclaimed to the fullest extent permitted by law.

6.3 Insurance. Tenant is encouraged—but not required—to obtain renter’s insurance covering personal-property loss due to Bed Bugs.

6.4 Force Majeure. Neither Party is liable for delay or failure in performance caused by events beyond its reasonable control, excluding financial inability.

VII. DISPUTE RESOLUTION & GOVERNING LAW

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

7.2 Forum Selection. The exclusive venue for any action arising out of this Addendum shall be the Housing-related division of the Circuit Court for [COUNTY] County, South Dakota.

7.3 Arbitration. The Parties expressly opt-out of arbitration.

7.4 Jury Trial. Nothing in this Addendum shall be construed as a waiver of constitutional jury-trial rights.

7.5 Injunctive Relief. Either Party may seek equitable relief, including specific performance or injunction, to enforce habitability obligations without posting bond.

VIII. GENERAL PROVISIONS

8.1 Amendments & Waivers. Any modification must be in a signed writing referencing this Addendum. A waiver of any breach does not waive subsequent breaches.

8.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent. Any unauthorized assignment is void.

8.3 Severability. If any provision is held unenforceable, the remainder shall be reformed to give maximum lawful effect.

8.4 Integration. This Addendum, together with the Lease and its exhibits, constitutes the entire agreement regarding Bed Bugs and supersedes prior oral or written statements.

8.5 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each deemed an original. Electronic signatures are binding to the same extent as originals.

IX. EXECUTION

IN WITNESS WHEREOF, the Parties execute this Addendum as of the Effective Date.

[// GUIDANCE: Add notary blocks only if local recording requirements or lender instructions call for notarization; South Dakota generally does not require notarization for residential leases or addenda.]

EXHIBIT A – Certified Inspection Report

[Attach if available]

EXHIBIT B – Tenant Bedbug Questionnaire

1. Have you encountered Bed Bugs in your current or prior residence in the past 12 months? ☐ Yes ☐ No
2. Are you bringing any mattresses, upholstered furniture, or textiles from a location known to have Bed Bugs? ☐ Yes ☐ No
3. If “Yes” to either, please describe treatment steps taken and dates: ________

Tenant Initials: __ Date: ____

[// GUIDANCE: Consider adding a “Preparation Checklist” as Exhibit C to reduce disputes over tenant cooperation. Adjust timeframes, notice procedures, and monetary thresholds to align with the master lease and any municipal ordinances.]