Bedbug Disclosure Addendum
To Residential Lease Agreement – State of Vermont
[// GUIDANCE: This template is drafted for use as an addendum to a Vermont residential lease. It should be attached to and expressly incorporated into the primary lease agreement. Bracketed text must be customized before execution.]
Document Header
Effective Date: [DATE]
Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] with a principal address at [ADDRESS] (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)] with a current address at [ADDRESS] (“Tenant”)
Leased Premises: [UNIT ID / STREET ADDRESS / CITY, VT ZIP] (“Premises”)
This Bedbug Disclosure Addendum (“Addendum”) is entered into pursuant to and forms an integral part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) between Landlord and Tenant.
Table of Contents
- Definitions
- Landlord’s Bedbug Disclosure
- Tenant’s Initial Inspection & Acknowledgment
- Ongoing Notification Obligations
- Inspection & Access
- Treatment Obligations
- Cost Allocation
- Tenant Preparation & Cooperation
- Temporary Relocation (If Required)
- Indemnification & Liability Allocation
- Default; Remedies
- Governing Law & Forum Selection
- No Arbitration; Jury Trial Preservation
- Miscellaneous
- Execution
1. Definitions
For purposes of this Addendum, the following terms shall have the meanings set forth below. Undefined capitalized terms have the meanings assigned in the Lease.
1.1 “Bedbug” means the insect Cimex lectularius or any related species capable of infesting human dwellings.
1.2 “Affected Unit” means any dwelling unit, common area, or adjacent area of the Premises in which Bedbugs are discovered or reasonably suspected.
1.3 “Inspection” means a visual and/or canine-assisted examination by a pest management professional (“PMP”) licensed or certified under applicable Vermont law.
1.4 “Treatment” means any pesticide application or other remedial action recommended by a PMP to eliminate Bedbugs, including follow-up inspections.
1.5 “Actual Damages” means direct, out-of-pocket losses (excluding consequential, special, or punitive damages) proven in fact and caused by a breach of this Addendum.
2. Landlord’s Bedbug Disclosure
2.1 Landlord represents that, to Landlord’s actual knowledge after reasonable inquiry, the Premises:
(a) [ ] is presently free of Bedbugs; or
(b) [ ] has had a prior Bedbug incident on or about [DATE], which was fully treated and resolved on [DATE].
2.2 Landlord has provided Tenant with the Vermont Department of Health’s current Bedbug information sheet and any municipality-specific disclosures. Tenant acknowledges receipt by initialing here: __.
[// GUIDANCE: Select 2.1(a) or 2.1(b) and delete the inapplicable option.]
3. Tenant’s Initial Inspection & Acknowledgment
3.1 Pre-Occupancy Inspection. Prior to taking possession, Tenant (or Tenant’s representative) inspected the Premises and affirms that no Bedbugs were observed. Tenant shall note any variance in writing within twenty-four (24) hours of move-in.
3.2 Acknowledgment. Tenant acknowledges that failure to report Bedbug evidence within the foregoing period constitutes prima facie evidence that any later infestation originated after Tenant’s occupancy.
4. Ongoing Notification Obligations
Tenant shall notify Landlord in writing within forty-eight (48) hours of (i) any suspected Bedbug activity, or (ii) discovery of Bedbug-related evidence (cast skins, eggs, live insects, or bites). Notice shall be delivered per the Lease’s notice clause and must include reasonable details of the suspected infestation.
5. Inspection & Access
5.1 Landlord Right of Entry. Upon reasonable notice (not less than forty-eight [48] hours unless exigent circumstances exist), Tenant shall grant Landlord, Landlord’s agents, and any PMP access to the Premises for Inspection, Treatment, and follow-up, consistent with Vermont’s Residential Landlord and Tenant Act, Vt. Stat. Ann. tit. 9, ch. 137.
5.2 Tenant Presence. Tenant is encouraged but not required to be present during Inspection/Treatment; absence shall constitute permission to proceed.
6. Treatment Obligations
6.1 Landlord shall engage a qualified PMP to perform any Treatment deemed reasonably necessary.
6.2 Treatment shall continue until the PMP certifies the Premises Bedbug-free, including all recommended follow-up visits.
6.3 Landlord shall maintain written records of Inspections, findings, and Treatments for a period of three (3) years and shall furnish copies to Tenant upon request.
7. Cost Allocation
7.1 Landlord Responsibility. Except as provided in Section 7.2, Landlord shall bear all reasonable costs of Inspection and Treatment.
7.2 Tenant Responsibility. If a PMP provides written determination that (a) Tenant introduced Bedbugs to the Premises through action or negligence, or (b) Tenant’s failure to cooperate materially prolonged or complicated Treatment, Tenant shall reimburse Landlord for (i) incremental Treatment costs, and (ii) any Actual Damages arising therefrom, payable as additional rent within thirty (30) days after invoice.
8. Tenant Preparation & Cooperation
8.1 Preparation Duties. Tenant shall fully comply with all PMP preparation instructions, which may include but are not limited to laundering textiles at high heat, reducing clutter, sealing personal property, and temporarily vacating rooms.
8.2 Failure to Cooperate. Tenant’s failure to prepare or grant access after forty-eight (48) hours’ written notice constitutes a lease violation subject to the default provisions herein and in the Lease.
9. Temporary Relocation (If Required)
9.1 Landlord may, if reasonably necessary for effective Treatment, require Tenant to temporarily vacate the Affected Unit for up to seventy-two (72) hours. Landlord shall provide an alternative habitable space or hotel accommodations of substantially equivalent quality.
9.2 Personal Property. Tenant shall secure or remove valuables during relocation. Landlord is not responsible for loss or damage except to the extent caused by Landlord’s gross negligence or willful misconduct.
10. Indemnification & Liability Allocation
10.1 Mutual Responsibility Allocation. Each party shall be liable for its own negligent or wrongful acts in connection with Bedbug matters.
10.2 Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against all claims, liabilities, and Actual Damages arising from Tenant’s breach of this Addendum or negligent introduction/spread of Bedbugs.
10.3 Liability Cap. Except for (i) personal injury, (ii) willful misconduct, or (iii) statutory habitability remedies, each party’s liability under this Addendum shall not exceed Actual Damages proved.
11. Default; Remedies
11.1 Events of Default. The following constitute defaults:
(a) Tenant’s failure to provide timely notice under Section 4;
(b) Tenant’s failure to grant access or cooperate under Sections 5–8;
(c) Landlord’s failure to commence Treatment within five (5) business days after confirmed infestation; or
(d) Either party’s breach of cost obligations in Section 7.
11.2 Cure Period. The non-defaulting party shall provide written notice and a five (5) day opportunity to cure, except that emergencies posing imminent health risks require reasonable but shorter notice.
11.3 Remedies. Upon uncured default, the non-defaulting party may exercise all rights under the Lease and applicable law, including injunctive relief to enforce habitability obligations, rent abatement as allowed by statute, or eviction proceedings in Housing Court.
11.4 Attorney Fees. The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and costs, as permitted by Vermont law.
12. Governing Law & Forum Selection
This Addendum and any dispute related hereto shall be governed by the residential landlord-tenant laws of the State of Vermont, without regard to conflict-of-laws principles. The exclusive forum for any proceeding shall be the state Housing Court (or equivalent) having jurisdiction over the county where the Premises are located.
13. No Arbitration; Jury Trial Preservation
13.1 The parties expressly exclude arbitration.
13.2 Nothing herein shall be construed as a waiver of either party’s constitutional right to a trial by jury; to the extent any lease clause purports to waive that right, such waiver is withdrawn for Bedbug-related disputes.
14. Miscellaneous
14.1 Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding Bedbugs and supersedes all prior representations.
14.2 Conflict. If any provision of this Addendum conflicts with the Lease, this Addendum controls with respect to Bedbug matters.
14.3 Amendment. No modification is effective unless in a signed writing referencing this Section 14.3.
14.4 Severability. If any provision is held unenforceable, the remainder shall remain in effect, and the invalid term shall be reformed to the minimum extent necessary.
14.5 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (including via PDF or compliant e-signature platforms) are binding.
15. Execution
IN WITNESS WHEREOF, the parties have executed this Bedbug Disclosure Addendum as of the Effective Date.
| Landlord | Tenant |
|---|---|
| By: _________ | ______ |
| Name: [PRINTED NAME] | [PRINTED NAME] |
| Title: [IF APPLICABLE] | Date: _____ |
| Date: _____ |
[OPTIONAL NOTARIZATION BLOCK – attach if required by local ordinance or if either party requests formal acknowledgment.]
[// GUIDANCE:
1. Review local municipal ordinances as some Vermont cities impose supplemental obligations (e.g., Burlington’s inspection program).
2. Confirm that any PMP engaged holds all Vermont pesticide applicator certifications.
3. Provide tenants with the Vermont Department of Health’s most current Bedbug guidance pamphlet upon signing.]