BEDBUG DISCLOSURE AND TREATMENT ADDENDUM

to Residential Lease Agreement – State of Tennessee

[// GUIDANCE: This Addendum is intended for attachment to any residential lease or rental agreement (collectively, “Lease”) governed in whole or in part by Tennessee law. Confirm local applicability of the Tennessee Uniform Residential Landlord and Tenant Act (“URLTA”) before use, as URLTA applies only in certain counties. Replace or supplement provisions where local ordinance imposes stricter requirements.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Effective Date: [DATE]

Landlord: [LEGAL NAME OF LANDLORD] (“Landlord”)
Tenant(s): [LEGAL NAME(S) OF TENANT(S)] (“Tenant”)
Premises: [STREET ADDRESS, UNIT NO., CITY, STATE, ZIP]

This Bedbug Disclosure and Treatment Addendum (“Addendum”) is incorporated into and made part of the Lease dated [LEASE DATE] between Landlord and Tenant for the Premises located in the State of Tennessee (the “State”). Unless expressly modified herein, the Lease remains in full force and effect.

2. 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.

“Addendum” – this Bedbug Disclosure and Treatment Addendum.
“Applicable Law” – collectively, all federal, State, and local statutes, regulations, ordinances, and public-health directives governing habitability, pest control, or landlord-tenant relations, including the Tennessee Uniform Residential Landlord and Tenant Act, as amended.
“Bedbug(s)” – insects of the genus Cimex, including Cimex lectularius and Cimex hemipterus, at any life stage (egg, nymph, or adult).
“Certified Pest Control Professional” – a person or entity holding a current, valid Tennessee charter or license to engage in structural pest control and qualified to inspect for and treat bedbugs.
“Cost of Remediation” – all reasonable, out-of-pocket costs incurred for inspection, treatment, remediation, disposal, replacement, and re-inspection arising out of a Bedbug Infestation.
“Infestation” or “Bedbug Infestation” – the presence of Bedbugs or Bedbug activity in or about the Premises, the building in which the Premises is located, or Tenant’s personal property.
“Notice” – written notice in the manner required by the Lease and Applicable Law.
“Premises” – the dwelling unit identified above and any appurtenant areas to which Tenant has exclusive use under the Lease.

3. OPERATIVE PROVISIONS

3.1 Incorporation by Reference. The obligations, rights, and remedies set forth in this Addendum supplement and, where inconsistent, supersede those in the Lease with respect to Bedbug matters.

3.2 Consideration. In consideration of the mutual promises herein and in the Lease, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

3.3 Initial Disclosure by Landlord.
(a) Landlord represents that, to Landlord’s actual knowledge, the Premises (i) are ☐ currently free of Bedbug Infestation OR ☐ were treated for Bedbugs on or about [DATE OF TREATMENT].
(b) Landlord has provided Tenant with the State of Tennessee’s bedbug informational brochure or other legally required educational materials.

3.4 Initial Inspection by Tenant. No later than 72 hours after the commencement of the Lease Term, Tenant shall (a) visually inspect the Premises for Bedbugs and (b) deliver to Landlord a written certification stating either (i) no evidence of Bedbugs was observed or (ii) Bedbug evidence was observed (describe). Failure to timely deliver such certification constitutes Tenant’s acknowledgment that no Bedbug evidence was observed at move-in.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Representations. Landlord represents and warrants that:
(a) Landlord has no actual knowledge of any existing Bedbug Infestation within the Premises other than as disclosed in Section 3.3(a).
(b) Any prior Infestation was professionally remediated by a Certified Pest Control Professional in accordance with industry standards.

4.2 Tenant’s Representations. Tenant represents and warrants that:
(a) Tenant is ☐ not aware OR ☐ aware (describe) of any Bedbug Infestation associated with Tenant, Tenant’s personal property, or Tenant’s most recent residence.
(b) All upholstered furniture, mattresses, clothing, and other personal property to be moved into the Premises have been inspected by Tenant and found to be free of Bedbugs.

4.3 Survival. The representations and warranties in this Addendum survive termination of the Lease to the extent necessary to enforce rights arising from undisclosed or misrepresented Bedbug Infestations.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
(a) Promptly notify Landlord in writing of any suspected Bedbug activity.
(b) Cooperate fully with inspection, remediation, treatment schedules, laundering, temporary relocation (if required), and disposal of infested property.
(c) Refrain from applying “do-it-yourself” pesticides that may interfere with professional treatment.
(d) Not knowingly introduce infested items into the Premises.

5.2 Landlord Covenants. Landlord shall:
(a) Upon receipt of Tenant’s Notice or other evidence of Bedbug activity, engage a Certified Pest Control Professional to inspect the Premises within 5 business days.
(b) Provide Tenant with a written report of inspection findings and, if Infestation is confirmed, a treatment plan.
(c) Maintain records of all inspections and treatments as required by Applicable Law.

5.3 Access for Inspection/Treatment. Tenant shall grant Landlord, its agents, and the Certified Pest Control Professional reasonable access to the Premises upon at least 24 hours advance Notice, except in emergencies, to perform inspection or treatment.

6. DEFAULT & REMEDIES

6.1 Tenant Default. Any of the following constitutes a material default:
(a) Failure to provide access as required in Section 5.3;
(b) Failure to comply with preparation or cooperation instructions of the Certified Pest Control Professional;
(c) Introducing Bedbug-infested property into the Premises.

6.2 Landlord Remedies. Upon Tenant default, Landlord may:
(a) Cure the default at Tenant’s expense, including the Cost of Remediation attributable to Tenant’s breach;
(b) Charge such costs as Additional Rent due within 10 days of written demand;
(c) Pursue any remedy available under the Lease or Applicable Law, including termination, file a detainer action in the appropriate State housing court, and recover possession.

6.3 Tenant Remedies. If Landlord fails to comply with its obligations under Sections 5.2(a)–(c) within a reasonable time, and such failure materially affects health or safety, Tenant may avail itself of remedies permitted by Applicable Law, including injunctive relief to enforce habitability standards.

6.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorneys’ fees and costs, subject to any limitation imposed by Applicable Law.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, losses, and Cost of Remediation arising out of Bedbug Infestation caused or contributed to by Tenant, Tenant’s occupants, guests, or invitees.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and Cost of Remediation arising out of a pre-existing or building-wide Bedbug Infestation not caused or contributed to by Tenant.

7.2 Cost Allocation.
(a) If a Certified Pest Control Professional reasonably determines that Tenant introduced Bedbugs into the Premises, Tenant shall bear the entire Cost of Remediation.
(b) If the Infestation source cannot be conclusively determined, the parties shall share Cost of Remediation in the following proportion: Landlord [] %, Tenant [] %.

7.3 Limitation of Liability. Neither party shall be liable to the other for consequential, punitive, or special damages arising out of or related to Bedbug Infestation. Liability is limited to actual, direct damages and the Cost of Remediation as allocated herein.

8. DISPUTE RESOLUTION

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

8.2 Forum Selection. The parties consent to the exclusive jurisdiction of the state housing court (or other court of competent jurisdiction) located in the county where the Premises are situated for any proceeding arising from this Addendum or the Lease.

8.3 Arbitration. Arbitration is expressly excluded; any prior arbitration clause in the Lease is inapplicable to Bedbug disputes.

8.4 Jury Trial. Nothing in this Addendum waives either party’s constitutional right to a trial by jury.

8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to address immediate threats to habitability or to enforce compliance with inspection or treatment obligations, without the necessity of posting a bond, to the extent permitted by Applicable Law.

9. GENERAL PROVISIONS

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

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

9.3 Successors and Assigns. Subject to Section 9.2, this Addendum binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns.

9.4 Severability. If any provision of this Addendum is held unenforceable, the remainder is construed to give effect to the parties’ intent to the maximum extent permitted by law.

9.5 Integration. This Addendum constitutes the entire agreement of the parties with respect to the subject matter, superseding all prior or contemporaneous oral or written statements.

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 by electronic means (e.g., PDF, DocuSign) are deemed original for all purposes.

10. EXECUTION BLOCK

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

[Notary Acknowledgment if required by local law]

[// GUIDANCE:
1. Review county or municipal ordinances; some localities impose strict timelines and cost-allocation rules that supersede private agreements.
2. Attach the mandatory Tennessee bedbug information pamphlet, if applicable.
3. Coordinate this Addendum with any separate pest-control or habitability clauses in the primary Lease to avoid conflicting obligations.
4. Confirm that access notices and timeframes (24-hour, 72-hour, 5-day, etc.) comply with the Lease and Applicable Law in the specific jurisdiction.
5. Update tenant move-in checklist to cross-reference Section 3.4 “Initial Inspection by Tenant.”]