RESIDENTIAL LEASE ADDENDUM – BEDBUG DISCLOSURE

(Delaware Residential Premises)

[// GUIDANCE: This template is designed for use as an addendum to a Delaware residential lease. Bracketed placeholders MUST be customized before execution. Delete all guidance comments prior to final issuance.]

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. Title; Parties.
   This Residential Lease Addendum – Bedbug Disclosure (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION] (“Landlord”), and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”). Landlord and Tenant may each be referred to herein as a “Party” and collectively as the “Parties.”

2. Premises.
   The real property that is the subject of this Addendum is located at [PROPERTY ADDRESS], together with all appurtenant fixtures and common areas (the “Premises”), as further described in that certain [RESIDENTIAL LEASE TITLE] dated [BASE LEASE DATE] (the “Lease”).

3. Purpose; Consideration.
   a. The Parties desire to supplement the Lease to disclose existing and potential bedbug conditions, allocate responsibilities, and set forth treatment obligations in accordance with Delaware landlord-tenant law and applicable public-health regulations.
   b. The mutual covenants and agreements herein, together with the consideration expressed in the Lease, constitute good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. Terms defined in the Lease but not in this Addendum shall have the meanings ascribed to them in the Lease.

“Bedbug” means Cimex lectularius and any other species commonly referred to as bedbugs.

“Certified Pest Control Operator” means a pest control professional duly licensed, certified, or otherwise authorized under Delaware law to inspect for and treat Bedbugs.

“Infestation” means the presence of one (1) or more live Bedbugs, exoskeletons, eggs, fecal spots, or other evidence indicating reproductive Bedbug activity within the Premises.

“Inspection Report” means a written report prepared by a Certified Pest Control Operator that (i) documents findings relating to Bedbugs, and (ii) specifies any recommended treatment protocol.

“Treatment” or “Treat” means any remedial action—chemical, thermal, or otherwise—performed by a Certified Pest Control Operator in accordance with manufacturer labels and applicable regulations to eliminate Bedbugs.

III. OPERATIVE PROVISIONS

3.1 Incorporation; Precedence.
This Addendum is hereby incorporated into and made part of the Lease. In the event of any conflict between the Lease and this Addendum with respect to Bedbug matters, this Addendum shall govern.

3.2 Landlord’s Initial Disclosure.
a. To Landlord’s actual knowledge, the Premises (check one):
☐ Have  ☐ Have Not
been treated for Bedbugs within the twelve (12) months preceding the Effective Date.
b. If treated, Landlord shall attach the most recent Inspection Report and treatment documentation as Schedule 1.

3.3 Tenant’s Pre-Occupancy Inspection & Acknowledgment.
a. Tenant represents that Tenant (i) has inspected the Premises prior to taking possession, (ii) has observed ☐ no evidence / ☐ evidence of Bedbugs, and (iii) shall promptly notify Landlord in writing of any suspected Infestation discovered within forty-eight (48) hours after the Commencement Date.
b. Failure to provide timely written notice shall constitute prima facie evidence that the Premises were delivered free of Infestation.

3.4 Ongoing Duty to Report.
Tenant shall provide written notice to Landlord of any suspected Infestation within twenty-four (24) hours of discovery. Notice shall be delivered in accordance with Section IX.4 (Notices).

3.5 Access for Inspection & Treatment.
a. Tenant shall grant Landlord, Landlord’s agents, and any Certified Pest Control Operator reasonable access to the Premises upon at least twenty-four (24) hours’ prior notice (or shorter period in an emergency) for Inspection or Treatment.
b. Failure to provide access shall be a material breach of this Addendum and the Lease.

3.6 Preparation for Treatment.
Tenant shall comply with all preparation instructions issued by the Certified Pest Control Operator, including laundering, vacuuming, furniture isolation, and removal of clutter. Tenant’s non-compliance that materially interferes with Treatment effectiveness shall shift Treatment Costs to Tenant as provided in Section V.3.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations.
a. Landlord represents that any prior Treatments have been completed in accordance with industry standards by a Certified Pest Control Operator.
b. Landlord makes no warranty, express or implied, as to the continuing absence of Bedbugs after the Effective Date except as expressly set forth herein.

4.2 Tenant Representations.
a. Tenant represents that, to Tenant’s knowledge, no personal property being moved into the Premises is or has been Infested.
b. Tenant further represents that Tenant has not within the past twelve (12) months (i) vacated a dwelling due to Bedbug Infestation, or (ii) received a Bedbug notice or complaint regarding Tenant’s personal property, except as disclosed to Landlord in writing prior to the Effective Date.

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

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants.
a. Upon verified notice of Infestation within sixty (60) days after the Commencement Date, Landlord shall, at Landlord’s sole cost, engage a Certified Pest Control Operator to Inspect and, if necessary, Treat the Premises and any affected common areas.
b. Landlord shall comply with all applicable housing, health, and safety laws relating to Bedbug management.

5.2 Tenant Covenants.
a. Tenant shall (i) maintain the Premises in a clean and sanitary condition, (ii) avoid introducing infested personal property, and (iii) cooperate fully with Inspection and Treatment.
b. Tenant shall not apply over-the-counter pesticides that interfere with professional Treatment.

5.3 Cost Allocation.
a. Initial Infestation (within sixty (60) days of Commencement Date) – Landlord shall pay all reasonable Treatment Costs.
b. Subsequent Infestation (after sixty (60) days) – Costs shall be allocated as follows:
i. If Infestation is reasonably attributable to Tenant, Tenant’s guests, or Tenant’s personal property, Tenant shall pay or reimburse Landlord for all Treatment Costs within thirty (30) days of invoicing.
ii. If Infestation cause cannot be reasonably attributed to either Party, each Party shall bear fifty percent (50%) of Treatment Costs.
c. “Treatment Costs” include inspection fees, Treatment services, follow-up inspections, and reasonable expenditures for affected common areas.

5.4 Habitability Standard.
Nothing in this Addendum diminishes Landlord’s statutory duty to provide habitable premises or Tenant’s statutory rights to enforce same through injunctive or other relief.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
Each of the following shall constitute an “Event of Default”:
a. Tenant’s failure to provide timely access or preparation as required in Section 3.5 or 3.6;
b. Tenant’s failure to pay Treatment Costs when due under Section 5.3;
c. Landlord’s failure to commence Treatment within a commercially reasonable time after receiving notice of Infestation; or
d. Any breach of a representation, warranty, or covenant that remains uncured after the applicable cure period below.

6.2 Notice & Cure.
a. The non-defaulting Party shall provide written notice describing the Event of Default in reasonable detail.
b. The defaulting Party shall have five (5) business days to cure monetary defaults and ten (10) business days to cure non-monetary defaults, unless a shorter period is mandated by law to prevent imminent health risks.

6.3 Remedies.
a. Landlord Remedies. Upon Tenant default, Landlord may (i) perform Tenants’ obligations at Tenant’s expense, (ii) recover Treatment Costs as additional rent, and/or (iii) pursue any remedies available under the Lease or applicable law.
b. Tenant Remedies. Upon Landlord default, Tenant may (i) withhold payment of the proportionate rent attributable to non-habitable days, as permitted by law; (ii) obtain injunctive relief compelling Landlord to Treat; and/or (iii) pursue any remedies available under the Lease or applicable law.
c. Attorney Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and court costs, except as limited by Delaware law.

VII. RISK ALLOCATION

7.1 Indemnification.
a. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any claims, damages, or liabilities (including reasonable attorney fees) arising out of (i) Tenant’s breach of this Addendum, or (ii) Infestation introduced or exacerbated by Tenant or Tenant’s personal property, except to the extent caused by Landlord’s negligence or willful misconduct.
b. Landlord shall indemnify, defend, and hold harmless Tenant from claims, damages, or liabilities (including reasonable attorney fees) arising out of Landlord’s breach of this Addendum or Landlord’s negligence or willful misconduct in Bedbug management.

7.2 Limitation of Liability.
Except for liabilities arising from gross negligence or willful misconduct, each Party’s aggregate liability under this Addendum shall be limited to actual, direct damages; consequential, punitive, or exemplary damages are expressly excluded.

7.3 Insurance.
Landlord shall maintain property insurance covering the structure. Tenant is strongly advised to obtain renter’s insurance that covers Bedbug-related personal property loss; however, Tenant remains liable for Treatment Costs allocated to Tenant under Section 5.3 irrespective of any insurance proceeds.

7.4 Force Majeure.
Neither Party shall be liable for delay or failure in performance caused by events beyond its reasonable control (excluding financial incapacity), provided that the affected Party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum shall be governed by and construed in accordance with the residential landlord-tenant laws of the State of Delaware, without regard to conflict-of-law principles.

8.2 Forum Selection.
Any legal action arising out of or relating to this Addendum shall be brought exclusively in the [NAME OF DELAWARE HOUSING COURT OR APPROPRIATE STATE COURT] having jurisdiction over the Premises.

8.3 Arbitration.
The Parties expressly decline to arbitrate any disputes under this Addendum.

8.4 Jury Trial.
Each Party retains its constitutional right to a trial by jury; no waiver of such right is intended or implied.

8.5 Injunctive Relief.
Nothing herein shall restrict either Party from seeking injunctive or equitable relief to enforce habitability obligations or to prevent irreparable harm.

IX. GENERAL PROVISIONS

9.1 Amendments; Waivers.
No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both Parties. A waiver in one instance shall not constitute a waiver in any subsequent instance.

9.2 Assignment; Subletting.
Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent except as permitted under applicable law. Any permitted assignee or subtenant shall be bound by this Addendum.

9.3 Successors & Assigns.
This Addendum shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns.

9.4 Notices.
All notices required or permitted under this Addendum shall be delivered in accordance with the notice provisions of the Lease, with a copy (which shall not constitute notice) emailed to [LANDLORD EMAIL] and [TENANT EMAIL].

9.5 Severability.
If any provision of this Addendum is held invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be deemed modified to the minimum extent necessary to make it enforceable.

9.6 Integration.
This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties with respect to Bedbugs and supersedes all prior or contemporaneous oral or written agreements.

9.7 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures delivered electronically or by facsimile shall be deemed original signatures.

X. EXECUTION BLOCK

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

LANDLORD:

[LANDLORD LEGAL NAME]
By: ____
Name: ____
Title: ___
Date: ______

TENANT:
1. _____ Date: __
[TENANT NAME]

2. _____ Date: __
   [ADDITIONAL TENANT NAME, if any]

[Add additional signature lines as necessary]

[Notary acknowledgment required only if mandated by Delaware law or desired for recording purposes.]

[// GUIDANCE:
1. Attach Schedule 1 (most recent Inspection Report) if prior treatment occurred.
2. Cross-check all cure periods and damage caps with the operative Lease to avoid inconsistencies.
3. Consider supplementing Section 7.3 with explicit renter’s insurance minimums if appropriate for the property class.
4. Delete any inapplicable check-boxes or duplicate signature lines.]