BEDBUG DISCLOSURE & TREATMENT ADDENDUM
(Texas Residential Lease – Governed by Texas Law)
[// GUIDANCE: This template is drafted for residential leases located in the State of Texas. Insert project-specific information in every placeholder bracket and review for consistency with the governing lease, local ordinances, and any property-specific pest control service agreements.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Disclosure
3.2 Tenant Representations & Warranties
3.3 Landlord Representations & Warranties - Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Addendum Title:
Bedbug Disclosure & Treatment Addendum to Residential Lease Agreement
Parties:
This Bedbug Disclosure & Treatment Addendum (“Addendum”) is entered into and made effective as of [EFFECTIVE DATE] (“Effective Date”) by and between [LANDLORD LEGAL NAME], (“Landlord”) and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”), each a “Party” and together the “Parties,” with respect to the residential premises located at [FULL PROPERTY ADDRESS] (“Premises”).
Recitals:
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (“Lease”).
B. The Parties desire to supplement the Lease to address disclosure, prevention, treatment, cost allocation, and risk management relating to bedbug (Cimex lectularius) infestation in the Premises, in accordance with applicable Texas law and recognized industry standards.
C. In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.
2. DEFINITIONS
“Addendum” – This Bedbug Disclosure & Treatment Addendum, including all exhibits and schedules, as may be amended from time to time.
“Affiliated Unit” – Any residential dwelling unit in the same building or complex that shares a wall, floor, ceiling, plumbing line, electrical conduit, or HVAC duct with the Premises.
“Bedbug” – Cimex lectularius or other insect of the Cimicidae family commonly referred to as a bedbug, at any life stage.
“Disclosure Statement” – The written statement by Landlord provided to Tenant pursuant to Section 3.1.
“Pest Control Professional” – A pest control applicator licensed by the Texas Department of Agriculture and experienced in bedbug detection and eradication.
“Treatment Plan” – The written plan prepared by a Pest Control Professional detailing inspection methods, chemical or heat treatments, tenant preparation responsibilities, and follow-up procedures.
Any capitalized term not defined herein has the meaning assigned in the Lease.
3. OPERATIVE PROVISIONS
3.1 Disclosure
3.1.1 Landlord hereby discloses, and Tenant hereby acknowledges receipt of, the Disclosure Statement attached hereto as Exhibit A and incorporated by reference.
3.1.2 The Disclosure Statement sets forth (a) any known or suspected bedbug infestation in the Premises or Affiliated Units within the preceding twelve (12) months, and (b) any remediation or inspection performed during such period.
3.2 Tenant Representations & Warranties
Tenant represents, warrants, and certifies that, to Tenant’s knowledge:
a. Tenant has not experienced a bedbug infestation in any residence within the past twelve (12) months OR, if such infestation occurred, Tenant has disclosed the same to Landlord in writing prior to execution of this Addendum;
b. Tenant has inspected any personal property (e.g., furniture, mattresses, luggage) that will be moved into the Premises and confirms it is free of bedbugs; and
c. Tenant will comply with all preparation and cooperation requirements in any Treatment Plan.
3.3 Landlord Representations & Warranties
Landlord represents and warrants that:
a. To Landlord’s actual knowledge, the Premises are free of any active bedbug infestation as of the Effective Date, except as disclosed in the Disclosure Statement; and
b. Any prior bedbug treatment has been completed by a Pest Control Professional in accordance with generally accepted industry standards.
4. COVENANTS & RESTRICTIONS
4.1 Landlord Covenants
a. Inspection. Landlord shall cause a Pest Control Professional to inspect the Premises and any Affiliated Unit promptly upon (i) receipt of Tenant’s written notice of suspected bedbug activity, or (ii) independent discovery by Landlord of evidence reasonably indicating bedbugs.
b. Treatment. Landlord shall, at Landlord’s expense, implement a commercially reasonable Treatment Plan for the Premises and any affected Affiliated Unit, except as provided in Section 6.2 (Tenant-Caused Infestation).
c. Habitability. Landlord shall maintain the Premises in a condition fit for human habitation, consistent with Texas Property Code Chapter 92.
4.2 Tenant Covenants
a. Prompt Notice. Tenant shall notify Landlord in writing within twenty-four (24) hours of discovering or reasonably suspecting bedbugs in the Premises.
b. Cooperation. Tenant shall comply with all reasonable instructions of the Pest Control Professional, including room preparation, laundering, and temporary relocation if required.
c. Personal Property Treatment. Tenant shall, at Tenant’s expense, treat or dispose of infested personal property in accordance with the Treatment Plan.
d. Restrictions. Tenant shall not introduce used or discarded furniture or mattresses into the Premises unless such items have been inspected and certified bedbug-free by a qualified person.
5. DEFAULT & REMEDIES
5.1 Events of Default
The following constitute an Event of Default under this Addendum:
a. Failure to provide timely notice under Section 4.2(a);
b. Failure to prepare or cooperate under Section 4.2(b);
c. Introduction of Bedbugs through Tenant’s breach of Section 4.2(d).
5.2 Notice & Cure
Upon an Event of Default, Landlord shall give Tenant written notice specifying the default and a cure period of seventy-two (72) hours. If Tenant fails to cure within such period, Landlord may:
i. Perform or cause performance of Tenant’s obligations and charge Tenant for reasonable costs incurred;
ii. Treat such failure as a material breach of the Lease subject to remedies therein; and/or
iii. Seek injunctive relief to protect habitability of the Premises and Affiliated Units.
5.3 Attorneys’ Fees
The prevailing Party in any action to enforce this Addendum shall be entitled to recover reasonable attorneys’ fees and court costs.
6. RISK ALLOCATION
6.1 Indemnification
Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, its agents, and employees from and against any and all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or resulting from the Indemnifying Party’s breach of this Addendum or negligence in connection with bedbug infestation.
6.2 Tenant-Caused Infestation
If a Pest Control Professional reasonably determines that an infestation was caused by Tenant’s actions or omissions (including failure to comply with Section 4.2), Tenant shall reimburse Landlord for (a) inspection, (b) treatment of the Premises and any Affiliated Unit, and (c) associated temporary relocation costs of other tenants, in each case limited to actual damages proven by Landlord.
6.3 Limitation of Liability
Except for (i) a Party’s indemnity obligations under Section 6.1, (ii) damages resulting from gross negligence or willful misconduct, and (iii) statutory habitability obligations that may not be waived, each Party’s liability under this Addendum is limited to actual damages.
[// GUIDANCE: “Actual damages” is intentionally used to comply with the “Liability Caps: actual_damages” metadata instruction. Punitive, consequential, and exemplary damages are disclaimed.]
6.4 Insurance
Tenant is advised to obtain renter’s insurance covering personal property loss or damage due to bedbugs. Landlord’s insurance typically does not cover Tenant’s personal property.
7. DISPUTE RESOLUTION
7.1 Governing Law
This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles.
7.2 Forum Selection
The Parties consent to exclusive jurisdiction and venue in the [COUNTY] County housing court (or, if no housing court exists, the Justice Court of competent jurisdiction) for any action arising out of or relating to this Addendum or the Lease.
7.3 Arbitration
Arbitration is expressly excluded.
7.4 Jury Trial
Nothing herein shall be construed as a waiver of any Party’s constitutional right to trial by jury.
7.5 Injunctive Relief
The Parties acknowledge that a bedbug infestation can materially impair habitability. Accordingly, each Party retains the right to seek temporary or permanent injunctive relief to prevent or remediate infestation, in addition to any other remedies available at law or equity.
8. GENERAL PROVISIONS
8.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both Parties. A waiver on one occasion is not a waiver of any subsequent breach.
8.2 Assignment
Tenant may not assign, delegate, or otherwise transfer any rights or obligations under this Addendum without Landlord’s prior written consent. Any unauthorized assignment is void.
8.3 Successors & Assigns
This Addendum binds and benefits the Parties and their respective heirs, successors, permitted assigns, and legal representatives.
8.4 Severability
If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, provided the essential purpose of the Addendum is not defeated.
8.5 Integration
This Addendum, together with the Lease and any prior written bedbug disclosures, constitutes the entire agreement of the Parties with respect to the subject matter and supersedes all prior or contemporaneous oral or written agreements.
8.6 Counterparts; Electronic Signatures
This Addendum may be executed in multiple counterparts, each deemed an original, together constituting one instrument. Signatures transmitted electronically (e.g., via PDF or a recognized e-signature platform) shall be deemed original signatures for all purposes.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT(S) |
|---|---|
| [LANDLORD LEGAL NAME] | [TENANT LEGAL NAME] |
| By: _________ | _________ |
| Name: [PRINTED NAME] | Name: [PRINTED NAME] |
| Title: [TITLE, if entity] | Date: ____ |
| Date: _______ | |
| [Add additional signature blocks as needed] |
[Optional Notary Block – Use only if required by local practice]
State of Texas §
County of [COUNTY] §
This instrument was acknowledged before me on ___, 20, by _____.
Notary Public, State of Texas
Commission Expires: _____
EXHIBIT A – BEDBUG DISCLOSURE STATEMENT
[// GUIDANCE: Landlord must complete this exhibit before delivering to Tenant.]
-
Known or suspected bedbug activity in the Premises within the last 12 months:
☐ None
☐ Yes – describe: _________ -
Known or suspected bedbug activity in any Affiliated Unit within the last 12 months:
☐ None
☐ Yes – describe: _________ -
Details of inspection or treatment performed (attach reports if available):
- Name and license number of Pest Control Professional:
Landlord certifies that the above information is true and correct to the best of Landlord’s knowledge and belief.
Landlord Initials: _ Tenant Initials: _
[// GUIDANCE: Have each Tenant separately initial each page to strengthen evidence of disclosure and consent. Retain executed originals in the lease file.]