RESIDENTIAL LEASE ADDENDUM – BEDBUG DISCLOSURE
(Utah Jurisdiction)
[// GUIDANCE: Attach this Addendum to and incorporate it by reference into the body of the Residential Lease Agreement (the “Lease”). Insert the Lease’s effective date and reference paragraph number in the Lease that authorizes additional addenda.]
I. DOCUMENT HEADER
Addendum Title: Residential Lease Addendum – Bedbug Disclosure
Lease Date: [LEASE DATE]
Landlord (“Lessor”): [LANDLORD LEGAL NAME]
Tenant (“Lessee”): [TENANT LEGAL NAME(S)]
Premises: [STREET ADDRESS, UNIT, CITY, COUNTY, UT ZIP]
This Addendum is executed contemporaneously with, and made part of, the Lease. In the event of any conflict between the terms of this Addendum and the Lease, the terms of this Addendum shall control with respect to bedbug-related matters.
Effective Date: The later of the Lease Date or the date on which the last Party executes this Addendum (the “Effective Date”).
Recitals:
A. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord.
B. Utah law imposes certain disclosure, treatment, and cost-allocation obligations concerning bedbug infestations in residential dwellings.
C. The Parties wish to allocate responsibility for prevention, detection, treatment, and remediation of bedbugs, and to set forth mutual covenants to protect the habitability of the Premises.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:
II. DEFINITIONS
For purposes of this Addendum, the following terms have the meanings set forth below. Terms defined in the Lease and used herein without further definition have the meanings assigned in the Lease.
- “Bedbugs” means Cimex lectularius, in any life stage (eggs, nymphs, adults).
- “Certified Pest Control Operator” (“PCO”) means a Utah-licensed individual or entity qualified to inspect for and treat bedbug infestations.
- “Infestation” means the presence of Bedbugs in sufficient number that professional treatment is reasonably required to eliminate them.
- “Inspection” means a visual examination, canine detection, or other industry-accepted method performed by a Certified PCO to determine whether Bedbugs are present.
- “Introduction Date” means the date on which Bedbugs are reasonably determined to have been introduced into the Premises, as documented by the PCO’s written report.
- “Treatment” means any professional pesticide application, heat remediation, or other industry-accepted method performed by a Certified PCO to eradicate Bedbugs.
III. OPERATIVE PROVISIONS
3.1 Landlord’s Mandatory Pre-Occupancy Disclosure
(a) To Landlord’s actual knowledge, the Premises:
☐ have ☐ have not
experienced a Bedbug Infestation within the twelve (12) months preceding the Effective Date.
(b) If the Premises have experienced such Infestation, Landlord attaches hereto Exhibit A describing:
(i) dates of occurrence,
(ii) Treatment(s) undertaken, and
(iii) certification of clearance by a Certified PCO.
3.2 Tenant’s Pre-Occupancy Inspection and Acknowledgment
(a) Tenant acknowledges receipt of Landlord’s disclosure above.
(b) Within twenty-four (24) hours after first obtaining access to the Premises, Tenant shall visually inspect the Premises for any evidence of Bedbugs.
(c) If Tenant reasonably believes Bedbugs are present, Tenant shall deliver written notice to Landlord within the same 24-hour period. Failure to provide notice constitutes Tenant’s acknowledgment that the Premises were free from Bedbugs at the commencement of the Lease.
3.3 Ongoing Notification Obligation
Tenant shall promptly—and in no event later than twenty-four (24) hours—notify Landlord in writing upon the earlier of (i) discovery of Bedbugs or (ii) suspicion of their presence.
3.4 Access for Inspection and Treatment
Landlord (and its PCO) may enter the Premises upon not less than twenty-four (24) hours’ prior written notice (or immediately in an emergency) to conduct Inspection and/or Treatment, subject to any longer notice period mandated by Utah landlord-tenant law.
3.5 Treatment Obligations
(a) Upon receiving notice or obtaining actual knowledge of a suspected Infestation, Landlord shall, at its sole cost, engage a Certified PCO to inspect the Premises within three (3) business days.
(b) If Infestation is confirmed, Landlord shall commence Treatment within five (5) business days after receipt of the PCO’s written report, subject to PCO availability.
(c) Tenant shall comply with all PCO preparation instructions (laundering, bagging, furniture movement, etc.). Failure to cooperate constitutes a material breach.
3.6 Cost Allocation
(a) Landlord Responsibility: Initial Inspection and Treatment costs, unless subsection (b) applies.
(b) Tenant Responsibility: If the Certified PCO reasonably determines, based on clear evidence, that Tenant, an Occupant, or Tenant’s guest introduced Bedbugs into the Premises after the Effective Date, Tenant shall reimburse Landlord for:
(i) Inspection and Treatment costs,
(ii) temporary relocation costs for neighboring units if required by the PCO, and
(iii) any actual damages sustained by Landlord, not to exceed the limitations set forth in Section VII.
(c) Disputes regarding causation or cost allocation shall be resolved pursuant to Section VIII (Dispute Resolution).
3.7 Habitability; Temporary Relocation
If the Premises are rendered uninhabitable by an Infestation, Landlord may (i) provide Tenant a comparable temporary dwelling at Landlord’s expense during Treatment, or (ii) abate rent pro rata for any period of confirmed uninhabitability, consistent with Utah habitability law.
3.8 No Refund for Discarded Property
Landlord is not responsible for replacement or loss of personal property discarded or damaged due to Bedbug Treatment, except to the extent caused by Landlord’s gross negligence or willful misconduct.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents and warrants that any prior Bedbug Treatments of the Premises were performed by a Certified PCO and that clearance documentation is true, complete, and attached as Exhibit A (if applicable).
4.2 Tenant represents and warrants that:
(a) All bedding, furniture, and personal property brought into the Premises are free of Bedbugs.
(b) Tenant has not experienced a Bedbug Infestation in the twelve (12) months preceding the Effective Date in any residence or lodging occupied by Tenant, or Tenant has fully disclosed such information to Landlord in writing.
4.3 Survival. The representations and warranties in this Section IV survive termination of the Lease with respect to events occurring during the Lease Term.
V. COVENANTS & RESTRICTIONS
5.1 Tenant shall:
(a) Avoid introducing previously discarded or second-hand furniture or bedding into the Premises unless inspected and certified Bedbug-free.
(b) Maintain cleanliness and reduce clutter to facilitate Inspection and Treatment.
(c) Strictly follow PCO instructions.
5.2 Tenant shall not attempt self-treatment using store-bought pesticides without Landlord’s prior written consent.
5.3 Landlord shall maintain contractual relationships with reputable Certified PCOs and comply with all applicable federal, state, and local regulations governing pesticide use and dwellings’ habitability.
VI. DEFAULT & REMEDIES
6.1 Events of Default
(a) Tenant’s failure to provide timely notice of suspected Bedbugs.
(b) Tenant’s failure to cooperate with Inspection or Treatment.
(c) Landlord’s failure to initiate Inspection or Treatment within the time frames of Section 3.5.
6.2 Cure Periods
Except in an emergency or where a shorter period is mandated by law, the non-defaulting Party shall provide written notice and a three (3) business-day opportunity to cure.
6.3 Remedies
(a) Specific Performance, mandatory injunction, or similar equitable relief to compel Inspection/Treatment;
(b) Recovery of actual damages (subject to Section VII);
(c) Reimbursement of reasonable attorneys’ fees and costs to the prevailing Party;
(d) Termination of the Lease upon material breach, following statutory notice requirements.
VII. RISK ALLOCATION
7.1 Indemnification
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, its agents, and employees (“Indemnified Parties”) from and against all claims, losses, and expenses, including reasonable attorneys’ fees (“Claims”), arising out of or related to Bedbugs, to the extent caused by the Indemnifying Party’s breach of this Addendum, negligence, or willful misconduct.
7.2 Limitation of Liability
Except for (i) amounts owed under the indemnity above, (ii) Claims arising from gross negligence or willful misconduct, and (iii) unpaid rent, each Party’s aggregate liability under this Addendum is limited to the actual, direct damages proven, and shall not exceed the greater of (a) three (3) months’ rent, or (b) $5,000.
Consequential, incidental, punitive, or special damages are expressly disclaimed.
7.3 Insurance
Landlord shall maintain property insurance covering structural damage. Tenant is strongly encouraged, but not required, to maintain renter’s insurance that includes coverage for property damage associated with Bedbug Treatment.
7.4 Force Majeure
Neither Party is liable for delay or failure to perform obligations under this Addendum to the extent caused by force majeure events beyond the Party’s reasonable control, excluding financial inability.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Addendum and any dispute hereunder are governed by the laws of the State of Utah without regard to conflict-of-laws principles.
8.2 Forum Selection
Any action arising from or relating to this Addendum shall be filed exclusively in the state housing court (or, if none exists, the district court) sitting in the county where the Premises are located.
8.3 Arbitration
The Parties expressly exclude arbitration for disputes under this Addendum.
8.4 Jury Trial
Nothing herein shall be construed as a waiver of the constitutional right to a trial by jury.
8.5 Injunctive Relief
Nothing herein limits either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability or prevent irreparable harm.
IX. GENERAL PROVISIONS
9.1 Amendments; Waiver. No amendment or waiver is effective unless in writing signed by both Parties. A waiver on one occasion is not a waiver on another.
9.2 Assignment. Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent, except as allowed by the Lease.
9.3 Successors and Assigns. This Addendum binds and benefits the Parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the court shall reform the invalid portion to the minimum extent necessary to render it enforceable.
9.5 Integration. This Addendum, together with the Lease and other written addenda, constitutes the entire agreement on Bedbug matters and supersedes all prior oral or written statements.
9.6 Counterparts; Electronic Signatures. The Addendum may be executed in multiple counterparts, each of which is deemed an original. Electronic signatures and scanned PDFs are binding as originals.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Residential Lease Addendum – Bedbug Disclosure as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| Signature: _________ | Signature: _________ |
| Name: [PRINT] | Name: [PRINT] |
| Title/Capacity: [IF ENTITY] | Date: _______ |
| Date: _______ | Signature: _________ |
| Name: [PRINT] | |
| Date: _______ |
[Add additional signature blocks as necessary]
(Seal, Notary, or Witness Acknowledgment if required by local practice)
Exhibit A
[Attach PCO clearance certificate(s) and Treatment history, if any.]
[// GUIDANCE: Review local ordinances for any county-specific disclosures or notice requirements. Insert additional attachments (e.g., tenant educational materials) if mandated by municipal code.]