BEDBUG DISCLOSURE & TREATMENT ADDENDUM

(STATE OF WISCONSIN – RESIDENTIAL TENANCIES)

I. DOCUMENT HEADER

1. Parties.
This Bedbug Disclosure & Treatment Addendum (“Addendum”) is entered into effective as of [EFFECTIVE DATE] (the “Effective Date”), by and between [LANDLORD LEGAL NAME], a [TYPE OF ENTITY/INDIVIDUAL] (“Landlord”), and [TENANT LEGAL NAME(S)] (“Tenant,” collectively with Landlord, the “Parties”).

2. Master Lease Reference.
This Addendum supplements and is incorporated into that certain Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”) for the residential premises located at [PREMISES ADDRESS] (the “Premises”).

3. Consideration.
The mutual promises herein and in the Lease constitute sufficient consideration.

4. Governing Law & Jurisdiction.
This Addendum is governed by, and construed in accordance with, the residential landlord-tenant laws of the State of Wisconsin, including Wis. Stat. ch. 704 and Wis. Admin. Code ch. ATCP 134, and any local housing codes (collectively, “State Landlord-Tenant Law”). The exclusive forum for any dispute arising under this Addendum shall be the state housing court (or equivalent small-claims/housing division) having jurisdiction over the county in which the Premises is located (“State Housing Court”).

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings given in the Lease.

1. “Actual Damages” means direct, out-of-pocket losses proven with reasonable documentation, excluding consequential, incidental, special, exemplary, or punitive damages.
2. “Certified Pest Management Professional” means a pest control operator holding all licenses required under Wis. Stat. § 94.715 and Wis. Admin. Code ch. ATCP 29.
3. “Contaminated Property” means personal property infested with or harboring Bedbugs.
4. “Infestation” means the presence of one (1) or more live Bedbugs, viable Bedbug eggs, or Bedbug casings in any stage of life within the Premises.
5. “Inspection” means a systematic visual and/or canine examination for Bedbugs conducted by a Certified Pest Management Professional in accordance with industry best practices.
6. “Treatment” means the application of chemical, thermal, or other lawful pest-control measures designed to eradicate Bedbugs, performed by a Certified Pest Management Professional.

III. OPERATIVE PROVISIONS

3.1 Mandatory Disclosures

(a) Landlord Disclosure. Landlord represents that to the best of Landlord’s knowledge, the Premises:
  (i) [ ] has   (ii) [ ] has not been treated for Bedbugs within the twelve (12) months immediately preceding the Effective Date.
If box (i) is checked, Landlord shall attach Schedule A describing the date(s), location(s), and method(s) of any prior Treatment and results.

(b) Tenant Disclosure. Prior to occupancy, Tenant certifies by checking the applicable box:
  (i) [ ] Tenant has no actual knowledge of any Bedbug Infestation in Tenant’s personal property.
  (ii) [ ] Tenant is aware of a possible Bedbug Infestation in Tenant’s personal property and has attached Schedule B detailing the affected items and corrective measures taken or planned.

3.2 Inspection Rights & Timeline

(a) Initial Inspection. Within five (5) business days after the Effective Date, Landlord may, at Landlord’s expense, cause an Inspection of the Premises. Tenant shall grant access in accordance with Wis. Stat. § 704.05(2).

(b) Ongoing Inspection. Landlord may conduct follow-up Inspections on not less than twenty-four (24) hours’ prior written notice, provided such Inspections do not exceed two (2) per calendar year absent reasonable cause.

3.3 Preventive Obligations of Tenant

Tenant shall:
1. Maintain the Premises in a clean, sanitary condition;
2. Immediately notify Landlord in writing upon first suspicion of Bedbugs;
3. Cooperate fully in any Inspection or Treatment (including preparing the Premises, laundering fabrics at high heat, and vacating rooms as directed); and
4. Refrain from introducing Contaminated Property into the Premises.

3.4 Treatment Obligations & Cost Allocation

(a) Landlord Responsibility. Landlord shall, at Landlord’s sole cost, arrange for Treatment of any Infestation reported within sixty (60) days of Tenant’s initial occupancy, unless Landlord establishes by clear and convincing evidence that Tenant caused or introduced the Infestation.

(b) Shared Responsibility. After the initial sixty-day period, Treatment costs shall be allocated as follows:
  (i) If the Infestation is attributable to the building structure, adjacent units, or a common-area source – Landlord bears 100% of reasonable Treatment costs.
  (ii) If attributable to Tenant’s breach of Section 3.3 or introduction of Contaminated Property – Tenant bears 100% of reasonable Treatment costs.

(c) Failure to Cooperate. If Tenant’s non-cooperation results in additional Treatment or Inspection costs, Tenant shall reimburse Landlord for such Actual Damages within fifteen (15) days after written demand.

3.5 Entry & Notice

Landlord may enter the Premises for Inspection or Treatment upon the notice required by Wis. Stat. § 704.05(2) except in emergency situations posing an immediate threat to health or safety, in which case no advance notice is required.

3.6 Relocation & Habitability

If Treatment requires Tenant to vacate the Premises for more than twenty-four (24) consecutive hours, Landlord shall either (i) provide comparable temporary housing at Landlord’s expense, or (ii) abate rent on a pro-rata daily basis for each full day Tenant cannot lawfully occupy the Premises.

[// GUIDANCE: Consider local code requirements (e.g., Milwaukee Code of Ordinances § 214-13) which may adjust cost-allocation or relocation obligations.]

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents that it has full power and authority to enter into this Addendum and perform its obligations.

4.2 Accuracy of Disclosures. Each Party warrants that all disclosures provided under Section 3.1 are true, correct, and complete as of the Effective Date.

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

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants.
(a) Landlord shall comply with all State Landlord-Tenant Law habitability requirements, including Wis. Stat. § 704.07(2).
(b) Tenant shall comply with all manufacturer or pest-control preparatory instructions before and after Treatment.

5.2 Negative Covenants.
Tenant shall not discard Contaminated Property in common areas or any location other than as permitted by municipal waste-management regulations.

5.3 Notice & Cure.
A Party alleging the other Party’s breach of this Addendum shall provide written notice describing the breach in reasonable detail. The breaching Party has five (5) business days to cure, unless a shorter period is mandated by law for conditions affecting health or safety.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant’s failure to comply with Sections 3.3 or 5.2;
(b) Landlord’s failure to arrange timely Treatment as required under Section 3.4(a); or
(c) Any material misrepresentation under Section 4.2.

6.2 Remedies.
(a) Landlord Remedies (Tenant Default). Landlord may:
  (i) Demand reimbursement of Actual Damages;
  (ii) Perform or arrange any required cooperation at Tenant’s expense;
  (iii) Seek injunction or specific performance to enforce entry/cooperation obligations; and
  (iv) Pursue eviction only as permitted by Wis. Stat. ch. 799 and local court rules, after providing any statutorily required notices.

(b) Tenant Remedies (Landlord Default). Tenant may:
  (i) Pursue injunctive relief compelling Treatment;
  (ii) Seek rent abatement or damages for breach of habitability; or
  (iii) Terminate the Lease in accordance with Wis. Stat. § 704.07(4) after giving written notice and reasonable cure period.

6.3 Attorneys’ Fees.
The prevailing Party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs as determined by the State Housing Court.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord from and against any third-party claims and Actual Damages arising out of Tenant’s breach of Sections 3.3, 5.2, or willful misconduct.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against any third-party claims and Actual Damages arising out of Landlord’s failure to perform Treatment in accordance with Section 3.4 or gross negligence.

7.2 Limitation of Liability.
Except for (i) claims arising from a Party’s gross negligence or willful misconduct, or (ii) obligations to pay rent or indemnify, each Party’s aggregate liability under this Addendum is limited to Actual Damages. Consequential, incidental, special, or punitive damages are expressly disclaimed to the fullest extent permitted by law.

7.3 Insurance.
Landlord shall maintain property and liability insurance customary for multi-unit residential housing. Tenant is strongly encouraged, but not required, to maintain renter’s insurance covering personal property infestation.

7.4 Force Majeure.
Neither Party is liable for delay or failure to perform due to causes beyond its reasonable control (excluding monetary obligations), provided the delaying Party gives prompt notice and resumes performance upon cessation of the force-majeure event.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. Wisconsin law governs.

8.2 Forum Selection. Any litigation shall be filed exclusively in the State Housing Court referenced in Section I.4.

8.3 Arbitration. The Parties expressly opt out of arbitration for any dispute arising hereunder.

8.4 Jury Trial Preservation. Nothing in this Addendum constitutes a waiver of 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 enforce habitability obligations without posting bond, to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. This Addendum may be amended only by a writing signed by both Parties. No waiver is effective unless in writing and signed by the waiving Party.

9.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, except as required by law. Any prohibited assignment is void.

9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

9.5 Integration. This Addendum, together with the Lease and any contemporaneous writings referenced herein, constitutes the entire agreement on the subject matter and supersedes all prior negotiations or agreements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts (including electronic or facsimile signatures), each of which is deemed an original, and all of which constitute one instrument.

X. EXECUTION BLOCK

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

[OPTIONAL NOTARIZATION BLOCK – Use if required by county ordinances]

[// GUIDANCE:

1. Attach Schedule A (prior Treatment history) and Schedule B (Tenant disclosure) as needed.
2. Review municipal ordinances (e.g., City of Madison MGO § 32.07(15)) for additional notice or posting requirements.
3. Confirm local court venue language matches county housing court designation.
4. Coordinate with pest-control vendors to ensure Treatment protocols comply with Wis. Admin. Code ATCP 29 and EPA labeling.
   ]