BEDBUG DISCLOSURE AND CONTROL ADDENDUM
to Residential Lease Agreement – State of Wyoming
[// GUIDANCE: This Addendum is intended to be attached to and incorporated into a master Residential Lease Agreement (“Lease”). Use bracketed placeholders to customize for the specific transaction. Ensure defined terms in the Lease are consistent with the defined terms used herein.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Addendum Title: Bedbug Disclosure and Control Addendum (the “Addendum”)
Landlord: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY/INDIVIDUAL] (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)] (“Tenant”)
Premises: [STREET ADDRESS, UNIT NO., CITY, WY ZIP] (the “Premises”)
Master Lease: Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”)
Effective Date of Addendum: [EFFECTIVE DATE]
Recitals
A. Landlord and Tenant are parties to the Lease covering the Premises.
B. Wyoming law imposes duties on both landlords and tenants regarding habitability and pest-control.
C. The parties wish to allocate responsibility for disclosure, inspection, eradication, and cost of any bedbug infestation in accordance with the Lease, this Addendum, and applicable law.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings assigned below; undefined capitalized terms have the meanings set forth in the Lease.
“Actual Damages” means direct, out-of-pocket losses proven with reasonable certainty, exclusive of punitive, exemplary, special, or consequential damages.
“Bedbugs” means insects of the species Cimex lectularius and Cimex hemipterus at any life stage, including eggs, nymphs, and adults.
“Inspection” means a visual and/or canine-assisted examination of the Premises for the presence of Bedbugs, conducted by a Licensed Pest Control Operator.
“Licensed Pest Control Operator” means a person or entity duly licensed under Wyo. Stat. Ann. § 35-7-1101 et seq. to provide structural pest-control services.
“Notice” means written notice delivered in accordance with Section 9.6 (Notices).
“Treatment” means any chemical, thermal, or other method approved by the United States Environmental Protection Agency (“EPA”) and legal for use in Wyoming to eradicate Bedbugs.
3. OPERATIVE PROVISIONS
3.1 Disclosure of Prior Infestations.
3.1.1 Landlord Knowledge. Landlord represents that, to Landlord’s actual knowledge, the Premises [HAS/HAS NOT] been treated for Bedbugs within the preceding twelve (12) months. If treated, Landlord shall disclose the dates of Treatment and provide copies of any Treatment reports.
3.1.2 Tenant Acknowledgment. Tenant acknowledges receipt of any such reports and warrants that Tenant has inspected the Premises and [HAS/HAS NOT] observed Bedbugs or evidence thereof as of the Effective Date.
3.2 Pre-Occupancy Inspection. Prior to taking possession, Tenant may request, in writing, an Inspection at Tenant’s sole cost. Failure to request an Inspection constitutes a waiver of such right.
3.3 Ongoing Notification Obligations. Tenant shall promptly (but in no event later than forty-eight (48) hours) notify Landlord in writing upon observing any Bedbugs or evidence of Bedbugs in the Premises.
3.4 Access for Inspection and Treatment. Tenant shall grant Landlord, Landlord’s agents, and any Licensed Pest Control Operator reasonable access to the Premises with at least twenty-four (24) hours’ prior Notice (or such shorter period as permitted under Wyo. Stat. Ann. § 1-21-1205 for emergencies) for Inspection and/or Treatment.
3.5 Personal Property Precautions. Tenant shall not introduce into the Premises any furniture, mattresses, textiles, or other personal property known or reasonably suspected to be infested with Bedbugs.
3.6 Treatment Protocol.
(a) Selection of Vendor. Landlord shall engage a Licensed Pest Control Operator to perform any necessary Treatment.
(b) Tenant Preparation. Tenant shall fully comply with all preparation instructions issued by the Licensed Pest Control Operator, including laundering, vacuuming, and temporary removal of personal property.
(c) Follow-Up. Landlord may schedule follow-up Inspections/Treatments until the Premises is certified Bedbug-free.
3.7 Cost Allocation.
(a) Landlord Responsibility. Landlord shall bear the cost of (i) Inspections requested by Landlord; and (ii) Treatment, except as provided in Section 3.7(b).
(b) Tenant Responsibility. Tenant shall reimburse Landlord within ten (10) days after demand for the reasonable cost of any Inspection or Treatment that (i) results from Tenant’s breach of this Addendum; (ii) is necessitated by Tenant’s negligent or intentional introduction of Bedbugs; or (iii) is attributable to Tenant’s failure to comply with preparation instructions.
(c) Evidence of Fault. A written report from the Licensed Pest Control Operator identifying Tenant’s personal property as the likely source of infestation shall constitute prima facie evidence of Tenant fault.
3.8 Habitability Remedy. Nothing herein limits Tenant’s statutory right to seek injunctive relief or terminate the Lease in accordance with Wyo. Stat. Ann. § 1-21-1203 if Landlord fails to maintain the Premises in a habitable condition.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord Representations. Landlord represents and warrants that:
(a) To Landlord’s actual knowledge, the Premises is free of Bedbugs as of the Effective Date, except as expressly disclosed in Section 3.1.
(b) Landlord will engage only Licensed Pest Control Operators for Inspection and Treatment.
4.2 Tenant Representations. Tenant represents and warrants that:
(a) Tenant has not experienced a Bedbug infestation in the twelve (12) months preceding occupancy or, if Tenant has, that all affected personal property has been fully treated or disposed of.
(b) Tenant will immediately comply with all preparation and post-Treatment requirements.
(c) All statements made in any Bedbug questionnaire provided by Landlord are true, correct, and complete.
4.3 Survival. The representations and warranties in this Addendum survive expiration or earlier termination of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) Maintain the Premises in a clean and sanitary condition to minimize the risk of infestation;
(b) Cooperate fully with Inspections and Treatments;
(c) Promptly notify Landlord of any condition likely to attract Bedbugs (e.g., accumulation of refuse, presence of abandoned furniture in common areas).
5.2 Negative Covenants of Tenant. Tenant shall not:
(a) Attempt self-treatment using over-the-counter pesticides or unlicensed providers;
(b) Refuse reasonable access for Inspection or Treatment;
(c) Interfere with, harass, or impede Licensed Pest Control Operators.
5.3 Landlord Covenants. Landlord shall:
(a) Maintain, at Landlord’s cost, a master service agreement with a Licensed Pest Control Operator for consultation within forty-eight (48) hours of Notice;
(b) Maintain Treatment records for at least three (3) years and provide copies to Tenant upon written request.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute Events of Default under this Addendum, each of which is deemed a material breach of the Lease:
(a) Tenant’s failure to provide required Notice of suspected Bedbugs;
(b) Tenant’s non-compliance with preparation or follow-up requirements;
(c) Refusal of reasonable access for Inspection or Treatment;
(d) Non-payment of reimbursable costs under Section 3.7(b).
6.2 Notice and Cure. Upon an Event of Default, Landlord shall provide Tenant written Notice specifying the default and a cure period of three (3) days (or the minimum period required by Wyo. Stat. Ann. § 1-21-1002, whichever is longer). Failure to cure within the period constitutes a lease violation subject to termination and eviction proceedings.
6.3 Remedies.
(a) Termination. Landlord may terminate the Lease in accordance with Wyoming law.
(b) Recovery of Costs. Landlord may recover all Actual Damages, including reasonable attorneys’ fees and court costs.
(c) Injunctive Relief. Either party may seek injunctive relief to enforce compliance with Inspection and Treatment obligations.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any and all claims, liabilities, and Actual Damages (including reasonable attorneys’ fees) arising from Tenant’s breach of this Addendum or negligent introduction of Bedbugs.
(b) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against any and all claims, liabilities, and Actual Damages arising from Landlord’s failure to perform its obligations under this Addendum or from Landlord’s gross negligence or willful misconduct.
7.2 Limitation of Liability. Neither party shall be liable to the other for any special, consequential, punitive, or exemplary damages. Liability is limited to Actual Damages proven in accordance with law.
7.3 Insurance. Landlord strongly recommends that Tenant obtain renter’s insurance covering infestation-related personal property loss; however, nothing herein shall be construed as legal advice or an insurance mandate.
7.4 Force Majeure. Delays in Inspection or Treatment caused by events beyond the reasonable control of the affected party (e.g., unavailability of Licensed Pest Control Operators, government shutdowns, or natural disasters) shall extend performance deadlines for a period equal to the delay, provided that the affected party gives prompt Notice and uses diligent efforts to perform.
8. 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 Wyoming, without regard to conflict-of-laws principles.
8.2 Forum Selection. Any action arising out of or related to this Addendum shall be brought exclusively in the state court of competent jurisdiction (housing, circuit, or district, as applicable) located in [COUNTY], Wyoming.
8.3 Arbitration. The parties expressly opt out of arbitration.
8.4 Jury Trial. Nothing herein shall be deemed a waiver of any party’s constitutional right to a trial by jury.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek temporary restraining orders, preliminary injunctions, or other equitable relief to enforce habitability obligations.
9. 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. No waiver operates as a waiver of any subsequent breach.
9.2 Assignment; Subletting. Tenant shall not assign the Lease or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any permitted assignee or subtenant must execute this Addendum.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
9.4 Severability. If any provision of this Addendum is invalid or unenforceable under applicable law, the remaining provisions remain in full force and effect, and the invalid provision shall be interpreted to the maximum extent permitted.
9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties regarding Bedbugs and supersedes all prior or contemporaneous oral or written agreements on the subject.
9.6 Notices. All Notices required or permitted under this Addendum must be in writing and delivered in accordance with Section [INSERT LEASE NOTICE SECTION] of the Lease, or if no such section exists, via (a) hand delivery; (b) certified U.S. Mail, return receipt requested; or (c) electronic mail with read receipt, to the Notice addresses set forth in the Lease.
9.7 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and together constitute one instrument. Signatures delivered by electronic means (e.g., PDF, DocuSign) are deemed original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Bedbug Disclosure and Control Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ____
Name: ____
Title: ____
Date: _________
TENANT:
1. _____ Date: __
2. _____ Date: __
[Add additional signature lines as needed]
[// GUIDANCE: For entities, include a corporate authority certificate. Wyoming does not mandate notarization for lease addenda unless required by local practice or the underlying Lease. Add notarization blocks if desired.]
[// GUIDANCE: Review Wyo. Stat. Ann. §§ 1-21-1201 et seq. (Residential Rental Property Act) prior to finalizing to ensure no local ordinances impose additional disclosure or remediation requirements.]