BEDBUG DISCLOSURE AND TREATMENT ADDENDUM

to Residential Lease Agreement – Washington State

[// GUIDANCE: This template is designed for use with Washington residential tenancies governed by the Residential Landlord–Tenant Act, ch. 59.18 RCW. Customize all bracketed placeholders and review for consistency with the underlying Lease.]

I. DOCUMENT HEADER

1. Parties.
   This Bedbug Disclosure and Treatment Addendum (the “Addendum”) is entered into on [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], (“Landlord”) and [TENANT LEGAL NAME], (“Tenant,” and together with Landlord, the “Parties”).

2. Premises.
   The real property covered by this Addendum (the “Premises”) is located at [PROPERTY ADDRESS], [CITY], Washington, [ZIP] and is the subject of that certain Residential Lease Agreement dated [BASE LEASE DATE] (the “Lease”).

3. Purpose and Consideration.
   Pursuant to ch. 59.18 RCW and the mutual covenants herein, the Parties desire to (a) comply with Washington State bedbug disclosure requirements, (b) establish treatment obligations, and (c) allocate related costs.

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned in the Lease.

“Actual Damages” means the direct costs incurred by a Party, exclusive of special, consequential, or punitive damages, except to the extent such exclusion is prohibited by law.

“Bedbug” or “Bedbugs” means Cimex lectularius or any other insect commonly referred to as a bedbug in the State of Washington.

“Bedbug Infestation” means the presence of one or more live Bedbugs, Bedbug eggs, or Bedbug casings in any portion of the Premises.

“Pest Management Professional” (“PMP”) means a licensed pest control operator qualified under Washington law to perform Bedbug detection and treatment.

“Treatment” means any inspection, chemical or non-chemical remediation, heat treatment, or other abatement method recommended by a PMP for eradication of Bedbugs.

III. OPERATIVE PROVISIONS

3.1 Landlord’s Mandatory Disclosure

(a) Prior Infestation History. Landlord discloses that:
☐ To Landlord’s knowledge, no Bedbug Infestation has occurred in the Premises or in any dwelling in the same building within the preceding twelve (12) months.
☐ Bedbug activity was detected at the Premises or in the building on or about [DATE]. Treatment was completed on [DATE] and follow-up inspection found no further activity.

(b) Educational Materials. Landlord has provided Tenant with the Washington State Department of Health’s current Bedbug information sheet and any city-specific disclosures required by [LOCAL JURISDICTION].
[// GUIDANCE: Provide city pamphlets for Seattle, Tacoma, etc., if applicable.]

3.2 Tenant’s Pre-Occupancy Inspection and Certification

(a) Tenant acknowledges receipt of Landlord’s disclosures and certifies that Tenant:
(i) ☐ observed no evidence of Bedbugs during the pre-occupancy walkthrough; or
(ii) ☐ observed suspected evidence and immediately notified Landlord in writing on [DATE].

(b) Failure to report suspected Bedbug evidence within [NUM_DAYS_TENANT_REPORT] calendar days after possession shall constitute prima facie acceptance that the Premises are free of Bedbugs as of the Commencement Date, absent fraud or concealment by Landlord.

3.3 Ongoing Notification Obligations

(a) Tenant Duty to Notify. Tenant shall promptly, and in any event within twenty-four (24) hours, notify Landlord in writing upon discovering or reasonably suspecting any Bedbug Infestation.

(b) Landlord Duty to Act. Within [CURE_PERIOD] calendar days of receiving notice, Landlord shall engage a PMP to inspect the Premises and adjacent units as reasonably necessary.

3.4 Inspection and Entry

Upon no less than two (2) hours’ advance notice (or immediately in case of emergency), Landlord and Landlord’s PMP may enter the Premises to inspect, monitor, or treat for Bedbugs, in accordance with RCW 59.18.150.

3.5 Treatment Protocol and Tenant Cooperation

(a) Treatment Plan. If Bedbugs are detected, Landlord shall furnish Tenant a written Treatment plan outlining methods, schedule, and preparatory steps.
(b) Tenant Preparation. Tenant agrees to follow all PMP instructions (e.g., laundering, vacuuming, containment). Non-compliance that materially delays Treatment constitutes a Tenant default.

3.6 Cost Allocation

(a) Initial Detection Period. If an Infestation is reported within the initial [INITIAL_DETECTION_PERIOD] days of occupancy, Landlord shall bear 100% of Treatment costs.

(b) Subsequent Infestation. Thereafter:
(i) If a PMP determines Tenant negligently or intentionally introduced Bedbugs, Tenant shall reimburse Landlord [COST_ALLOCATION_PCT %] of Actual Damages.
(ii) If source cannot be reasonably determined, the Parties shall each pay 50% of Actual Damages, unless otherwise required by local ordinance.

(c) Limitations. No Party shall be liable for consequential damages (e.g., replacement of personal property) except as expressly required by ch. 59.18 RCW or proved to have resulted from gross negligence or willful misconduct.

3.7 Habitability and Injunctive Relief

Nothing in this Addendum diminishes Tenant’s right to seek injunctive or other relief under RCW 59.18.115 for conditions rendering the Premises uninhabitable.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents it has full legal authority to execute and perform this Addendum.

4.2 Landlord Warranty of Professional Treatment. Landlord warrants that any Treatment will be performed by a duly licensed PMP in compliance with Washington State Department of Agriculture regulations.

4.3 Survival. The representations and warranties in this Section survive expiration or termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenant Not to Introduce Bedbugs. Tenant shall not knowingly bring onto the Premises any item reasonably suspected to harbor Bedbugs without prior inspection and certification by a PMP.

5.2 Prohibited Disposal. Tenant shall not discard Infested items in common areas except in sealed containers clearly labeled “DISCARDED – BEDBUGS.”

5.3 Compliance Monitoring. Landlord may place Bedbug interceptors or monitoring devices in the Premises; Tenant shall not tamper with such devices.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant’s failure to allow access or comply with Treatment preparations after two (2) written notices.
(b) Landlord’s failure to initiate Treatment within the cure period specified in § 3.3(b).

6.2 Notice and Cure. The non-defaulting Party shall deliver written notice specifying the default and allow a cure period of three (3) business days, unless emergency conditions justify shorter notice under RCW 59.18.070.

6.3 Remedies.
(a) Landlord Remedies. Landlord may (i) perform required preparation and charge Tenant as Additional Rent; (ii) seek indemnification per § VII; or (iii) pursue eviction per RCW 59.18.180.
(b) Tenant Remedies. Tenant may pursue remedies under RCW 59.18.100, including rent abatement or relocation, and may petition the court for injunctive relief.

6.4 Attorney Fees. The substantially prevailing Party is entitled to reasonable attorney fees and court costs pursuant to RCW 59.18.290.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord from Actual Damages arising from Tenant’s breach of § 5.1 or willful concealment of a Bedbug Infestation.
(b) Landlord shall indemnify Tenant from Actual Damages arising from Landlord’s failure to disclose known Bedbug history or to perform required Treatment.

7.2 Limitation of Liability. Except for (i) statutory duties under ch. 59.18 RCW, (ii) gross negligence, or (iii) willful misconduct, each Party’s liability is limited to Actual Damages.

7.3 Insurance. Tenant is encouraged, but not required, to obtain renter’s insurance covering personal property loss due to Bedbug Infestation.

7.4 Force Majeure. Neither Party shall be liable for delay or failure to perform Treatment obligations when due to events beyond reasonable control, excluding financial inability.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Washington and ch. 59.18 RCW (Residential Landlord–Tenant Act).

8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the [NAME OF COUNTY] Superior Court – Housing Department (or other court of competent jurisdiction handling residential landlord-tenant matters) for any action arising under this Addendum.

8.3 Arbitration Excluded. The Parties expressly agree that disputes shall not be submitted to arbitration.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of any Party’s constitutional right to trial by jury.

8.5 Injunctive Relief. Either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability or access rights without posting bond, to the extent permitted by RCW 59.18.370.

IX. GENERAL PROVISIONS

9.1 Amendment and Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both Parties.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted under RCW 59.18.

9.3 Successors and Assigns. All covenants herein bind and inure to the benefit of the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remainder of this Addendum shall remain in effect and be reformed to the minimum extent necessary.

9.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement of the Parties regarding Bedbug matters and supersedes all prior discussions.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Electronic signatures have the same force and effect as wet ink signatures under RCW 1.80.

X. EXECUTION BLOCK

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

[// GUIDANCE: Notarization is generally not required for a Washington residential lease addendum. Attach additional signature lines for co-tenants or guarantors as needed.]