BEDBUG DISCLOSURE AND ADDENDUM
to Residential Lease Agreement – State of West Virginia
[// GUIDANCE: Attach this Addendum to – and reference it in – the underlying Residential Lease Agreement (“Lease”). Use bracketed placeholders to insert deal-specific information. Remove all guidance comments and brackets prior to execution.]
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
I. DOCUMENT HEADER
1.1 Title. This Bedbug Disclosure and Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”).
1.2 Parties.
(a) Landlord: [LEGAL NAME], a [STATE] [ENTITY TYPE], whose notice address is [ADDRESS].
(b) Tenant(s): [TENANT LEGAL NAME(S)], whose notice address is the Leased Premises identified below (collectively with Landlord, the “Parties,” and individually, a “Party”).
1.3 Premises. The residential dwelling located at [STREET ADDRESS, CITY, WV ZIP] (“Leased Premises”), as more fully described in the Lease dated [LEASE DATE] between the Parties.
1.4 Purpose & Consideration. The Parties enter into this Addendum to comply with West Virginia landlord-tenant law and to allocate responsibilities, liabilities, and remedies relating to bedbug prevention, disclosure, and treatment. This Addendum is incorporated into and made a part of the Lease for all purposes.
II. DEFINITIONS
The following capitalized terms are used throughout this Addendum:
“Act” means, collectively, (i) all applicable provisions of the West Virginia Code governing residential landlord-tenant relationships, and (ii) any local housing, building, or health codes applicable to the Leased Premises.
“Bedbug” means the insect Cimex lectularius and any other species commonly referred to as a “bedbug” capable of feeding on humans and causing an infestation.
“Certified Pest Control Operator” means a person or entity duly licensed or certified under West Virginia law to inspect for and treat Bedbugs.
“Infestation” means the presence of one or more live or dead Bedbugs, Bedbug eggs, molted skins, excreted fecal spots, or other evidence indicating reproducing Bedbugs in the Leased Premises or building common areas.
“Inspection Report” means a written report prepared by a Certified Pest Control Operator describing the results of an inspection for Bedbugs.
“Introduction” means the act or event of bringing Bedbugs or Bedbug-infested property into the Leased Premises, regardless of intent.
“Treatment” or “Treat” means any lawful method, whether chemical, mechanical, or thermal, used by a Certified Pest Control Operator to eliminate Bedbugs or Infestations.
III. OPERATIVE PROVISIONS
3.1 Mandatory Landlord Disclosure.
(a) Prior Infestation. Landlord represents that within the [INSERT LOOK-BACK PERIOD, e.g., 12-month] period preceding the Effective Date, the Leased Premises [HAS/HAS NOT] been determined by a Certified Pest Control Operator to contain a Bedbug Infestation.
(b) Treatment History. Landlord discloses that any prior Infestation was [FULLY TREATED/NOT FULLY TREATED] as evidenced by an Inspection Report dated [DATE].
(c) Building-Wide Infestation. Landlord is [AWARE/UNAWARE] of any current Infestation in other units or common areas of the building.
[// GUIDANCE: If Landlord selects “HAS” or “AWARE,” attach relevant Inspection Reports as Exhibit A.]
3.2 Tenant Pre-Occupancy Inspection and Acknowledgment.
(a) Tenant acknowledges receipt of any Inspection Reports and affirms that Tenant has been provided the opportunity to visually inspect the Leased Premises for Bedbugs.
(b) By signing this Addendum, Tenant (i) certifies that Tenant did [__] / did [__] not observe evidence of Bedbugs and (ii) agrees to report any suspected Infestation in writing within seventy-two (72) hours of discovery.
3.3 Preventive Practices. Tenant shall:
(a) maintain the Leased Premises in a clean and sanitary condition;
(b) promptly launder or heat-treat personal clothing, bedding, and furnishings upon learning of a possible Infestation;
(c) refrain from introducing discarded or second-hand furniture, mattresses, or textiles unless first inspected and found Bedbug-free; and
(d) comply with all Treatment preparation instructions issued by a Certified Pest Control Operator.
3.4 Landlord Obligations. Subject to Section 7.2 (Cost Allocation):
(a) Inspection. Upon receiving written notice of possible Infestation, Landlord shall, within a commercially reasonable time, engage a Certified Pest Control Operator to inspect the Leased Premises and, if recommended, adjacent units or common areas.
(b) Treatment. If an Infestation is confirmed, Landlord shall cause the Premises to be Treated until a follow-up Inspection Report verifies elimination.
(c) Entry. Landlord may enter the Premises on not less than twenty-four (24) hours’ notice (or shorter time if permitted by the Act) to perform Inspection or Treatment.
3.5 Tenant Cooperation. Tenant’s failure to: (i) provide required written notice; (ii) grant timely access; or (iii) comply with Treatment preparation instructions constitutes material breach of the Lease and this Addendum.
3.6 Re-Inspection. Landlord may order re-inspection within fourteen (14) days after Treatment and, if necessary, additional Treatments until the Infestation is resolved.
3.7 Habitability Remedies. Nothing in this Addendum limits Tenant’s statutory rights to seek habitability-related remedies or injunctive relief under the Act if Landlord fails to fulfill its obligations herein.
IV. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each Party represents that it has full authority and legal capacity to execute and deliver this Addendum.
4.2 Landlord Limited Warranty. Except as expressly disclosed in Section 3.1, Landlord makes no other representation or warranty, express or implied, regarding the absence of Bedbugs.
4.3 Tenant Representations. Tenant represents that, to the best of Tenant’s knowledge:
(a) any personal property brought into the Premises is free of Bedbugs; and
(b) Tenant is not vacating a Bedbug-infested residence without disclosing such fact to Landlord in writing.
4.4 Survival. All representations and warranties in this Addendum survive the expiration or earlier termination of the Lease for a period of twelve (12) months.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) give Landlord prompt written notice of suspected Infestation;
(b) comply with all Inspection and Treatment schedules;
(c) bag and/or launder textiles at high heat; and
(d) bear all risk of damage or loss to Tenant’s personal property arising from Treatment.
5.2 Negative Covenants of Tenant. Tenant shall not:
(a) obstruct or delay Inspection or Treatment;
(b) dispose of Bedbug-infested items in common areas or dumpsters without first sealing them in plastic; or
(c) perform self-treatment with over-the-counter pesticides without Landlord’s written consent.
VI. DEFAULT & REMEDIES
6.1 Events of Default. A Party’s failure to perform any material obligation under this Addendum, including misrepresentation in Section 3.1 or 4.3, constitutes an “Addendum Default.”
6.2 Notice & Cure. The non-defaulting Party must provide written notice specifying the nature of the Addendum Default. The defaulting Party has five (5) business days to cure (or such shorter period as may be reasonable for life-safety conditions).
6.3 Remedies. Upon an uncured Addendum Default, the non-defaulting Party may, subject to the Act and the Lease:
(a) recover actual damages, costs, and reasonable attorneys’ fees;
(b) obtain injunctive relief;
(c) declare the Lease terminated; and/or
(d) pursue any other remedies available at law or equity.
6.4 Habitability-Driven Early Termination. If a certified post-Treatment Inspection Report reflects two (2) or more failed Treatments attributable to causes beyond Tenant’s control, Tenant may terminate the Lease on thirty (30) days’ written notice without penalty.
VII. RISK ALLOCATION
7.1 Indemnification.
(a) By Tenant. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from all claims, losses, or expenses (including actual attorneys’ fees) arising out of Tenant’s Introduction of Bedbugs or failure to comply with Section 3.5, 5.1, or 5.2.
(b) By Landlord. Landlord shall indemnify, defend, and hold harmless Tenant from all claims, losses, or expenses arising out of Landlord’s willful failure to timely Inspect or Treat in accordance with Section 3.4.
7.2 Cost Allocation.
(a) Landlord-Paid. Landlord bears 100 % of Inspection and Treatment costs for Infestations not caused by Tenant, including building-wide preventive measures.
(b) Tenant-Paid. If a Certified Pest Control Operator reasonably determines that Tenant caused or materially contributed to an Infestation (through Introduction or negligence), Tenant shall reimburse Landlord within thirty (30) days of invoicing for all related costs.
(c) Shared Costs. Where fault cannot be conclusively determined, costs shall be split [SPECIFY % e.g., 50 / 50].
7.3 Limitation of Liability. To the fullest extent permitted by law, neither Party is liable for special, consequential, incidental, or punitive damages; liability is limited to direct, actual damages resulting from a breach of this Addendum.
7.4 Insurance. Tenant is advised to maintain renters’ insurance covering personal property damage and temporary relocation costs.
7.5 Force Majeure. Delays in Inspection or Treatment caused by events beyond the reasonable control of the affected Party (e.g., natural disasters, supply chain disruptions) extend performance deadlines for the duration of such event.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and the Lease are governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflicts-of-law principles.
8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the state court of competent jurisdiction (Housing Division, if established) located in [COUNTY] County, West Virginia.
8.3 Arbitration Excluded. The Parties expressly agree that disputes under this Addendum shall not be subject to binding arbitration.
8.4 Jury Trial. Nothing in this Addendum constitutes a waiver of any Party’s constitutional right to a jury trial.
8.5 Interim 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. No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both Parties. Waiver of any breach is not waiver of any other breach.
9.2 Assignment & Delegation. Tenant may not assign the Lease or delegate obligations under this Addendum without Landlord’s prior written consent.
9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, permitted assigns, and legal representatives.
9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid portion is deemed modified to the minimum extent necessary to be valid.
9.5 Integration. This Addendum, together with the Lease and any exhibits or riders, constitutes the entire agreement regarding Bedbugs and supersedes all prior understandings on the subject.
9.6 Counterparts; Electronic Signatures. The Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted by electronic means are binding.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Bedbug Disclosure and Addendum as of the Effective Date.
LANDLORD:
[AUTHORIZED SIGNATORY NAME & TITLE]
Date: _______
TENANT(S):
1. ______ Date: __
2. _______ Date: _______
[Add additional signature lines as needed]
NOTARY (if required by local practice):
State of West Virginia, County of __
On this day of __, 20, before me, the undersigned Notary Public, personally appeared ______, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: _____