BEDBUG DISCLOSURE ADDENDUM

to Residential Lease or Rental Agreement – State of Hawaiʻi

[// GUIDANCE: This Addendum is intended for attachment to any residential lease or rental agreement governed by the Hawaiʻi Residential Landlord-Tenant Code, Haw. Rev. Stat. ch. 521. Customize all bracketed fields and confirm compatibility with the primary lease.]

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

Addendum Title: Bedbug Disclosure & Allocation of Responsibilities Addendum (“Addendum”)
Primary Lease: Residential Lease or Rental Agreement dated [LEASE DATE] (the “Lease”)
Landlord: [LEGAL NAME OF LANDLORD] (“Landlord”)
Tenant(s): [LEGAL NAME(S) OF TENANT(S)] (“Tenant”)
Premises: [PREMISES ADDRESS / UNIT NUMBER] (the “Premises”)
Effective Date: This Addendum is effective as of the latest signature date below (“Effective Date”).
Purpose & Consideration: The parties wish to address disclosure, prevention, treatment, and cost allocation relating to Cimex lectularius (commonly known as bedbugs) in accordance with Hawaiʻi law and sound habitability practices. The mutual covenants herein constitute good and valuable consideration.

II. DEFINITIONS

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

1. “Addendum” – This Bedbug Disclosure & Allocation of Responsibilities Addendum.
2. “Bed Bug(s)” – Cimex lectularius or any other blood-feeding insect commonly referred to as a bedbug, in any life stage.
3. “Control Measures” – Any inspection, monitoring, treatment, sanitation, or remediation method intended to detect, eliminate, or prevent Bed Bugs.
4. “Infestation” – The presence of live Bed Bugs, viable eggs, cast skins, or fecal spotting in sufficient quantity to indicate an active breeding population within the Premises.
5. “Inspection” – A systematic visual and/or canine-assisted examination for Bed Bugs conducted by a Licensed Pest Control Operator.
6. “Licensed Pest Control Operator” (“LPCO”) – A person or entity duly licensed under Haw. Rev. Stat. ch. 460J to perform pest control services in the State of Hawaiʻi.
7. “Treatment” – Any pesticide or non-pesticide protocol administered by an LPCO to eradicate Bed Bugs, including but not limited to heat treatment, chemical application, encasements, and follow-up inspections.

III. OPERATIVE PROVISIONS

3.1 Incorporation.

This Addendum is incorporated into and made part of the Lease. In the event of conflict, the terms of this Addendum control with respect to Bed Bug matters.

3.2 Initial Disclosure by Landlord.

(a) Visual Inspection. Landlord has caused the Premises to be inspected for Bed Bugs within [NUMBER] days prior to the tenancy start date.
(b) Condition Statement. To Landlord’s actual knowledge as of the Effective Date, the Premises:
 ☐ show no evidence of Bed Bugs; or
 ☐ have evidence of Bed Bugs as detailed in Exhibit A (attached).
(c) Ongoing Obligations. Landlord shall disclose any subsequently discovered Infestation in the Premises or common areas within seven (7) days of discovery.

3.3 Tenant’s Pre-Occupancy Disclosure & Affirmations.

Tenant certifies that:
1. Tenant’s personal property is, to the best of Tenant’s knowledge, free of Bed Bugs.
2. Within the twelve (12) months preceding occupancy, Tenant has [CHECK ONE]
 ☐ not experienced a Bed Bug Infestation; or
 ☐ experienced an Infestation at [PRIOR ADDRESS] which was fully treated on [DATE] by [LPCO NAME].
3. Tenant agrees to notify Landlord in writing of any signs of Bed Bugs within forty-eight (48) hours of discovery.

3.4 Entry for Inspection & Treatment.

Tenant shall grant Landlord, LPCO, and their agents reasonable access to the Premises upon a minimum of twenty-four (24) hours’ notice (or such shorter period as permitted under Haw. Rev. Stat. § 521-53) to perform Control Measures.

3.5 Cooperation Duties.

Tenant shall:
a. Comply with all LPCO preparation instructions (laundering, bagging, decluttering, etc.);
b. Avoid self-treating with over-the-counter pesticides;
c. Not move infested items into common areas or another dwelling;
d. Execute any reasonable certification requested by the LPCO confirming compliance.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Warranty of Habitability. Landlord represents that, as of the Effective Date, the Premises meet all applicable habitability standards required under Hawaiʻi law, including freedom from known Infestation.

4.2 Tenant Reliance. Tenant acknowledges reliance on Landlord’s disclosures and agrees that any undisclosed prior Infestation experienced by Tenant may impact cost allocation under Section VII.

4.3 Survival. The representations and warranties in this Addendum survive termination of the Lease solely with respect to obligations accrued prior to such termination.

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants.
a. Maintain the Premises free from Infestation and promptly engage an LPCO upon notice or discovery.
b. Keep records of all Control Measures for not less than two (2) years and furnish copies to Tenant upon request.

5.2 Tenant Covenants.
a. Immediately report suspected Bed Bugs.
b. Refrain from introducing used mattresses, upholstered furniture, or other high-risk items unless inspected and certified Bed Bug-free.
c. Cooperate with all Control Measures and temporarily relocate personal property as instructed.

5.3 Prohibited Conduct. Failure to comply with Section 5.2 constitutes a material breach of the Lease.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Tenant Event of Default: (i) misrepresentation under Section 3.3; (ii) refusal of entry; (iii) non-cooperation with Treatment protocols.
b. Landlord Event of Default: (i) failure to initiate Control Measures within five (5) business days of confirmed Infestation; (ii) failure to disclose as required under Section 3.2(c).

6.2 Notice & Cure. The non-defaulting party shall give written notice specifying the default. The defaulting party has three (3) business days to commence cure and must diligently pursue completion.

6.3 Remedies.
a. Tenant Remedies (for Landlord Default): Actual damages, injunctive relief to enforce habitability, rent abatement proportionate to affected areas.
b. Landlord Remedies (for Tenant Default): Actual damages, reimbursement of Treatment costs, recovery of attorney fees, and any lawful eviction remedies under Haw. Rev. Stat. ch. 521.

[// GUIDANCE: Hawaiʻi prohibits penalty or liquidated damages clauses that operate as punitive, therefore remedies are limited to actual damages and statutory relief.]

VII. RISK ALLOCATION

7.1 Indemnification – Responsibility Allocation.
a. Landlord indemnifies Tenant against all claims, losses, and costs arising from pre-existing Infestation or Landlord’s failure to perform Control Measures.
b. Tenant indemnifies Landlord against all claims, losses, and costs arising from Tenant-introduced Infestation or Tenant’s breach of Section 5.2.

7.2 Cost Allocation.
a. Pre-Existing or Building-Related Infestation: Landlord bears 100 % of reasonable Treatment costs.
b. Tenant-Introduced Infestation: Tenant bears 100 % of reasonable Treatment costs, including costs to adjacent units if causally linked.
c. Disputed Origin: Parties shall obtain reports from an independent LPCO. Costs are split 50/50 until responsibility is determined, after which the responsible party reimburses the other within ten (10) days of determination.

7.3 Limitation of Liability. Except for indemnification obligations or claims based on gross negligence or willful misconduct, neither party is liable for incidental, consequential, punitive, or exemplary damages; liability is capped at actual damages proven.

7.4 Insurance.
Tenant is encouraged, but not required, to obtain renter’s insurance covering infestation-related personal property loss.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-law principles.

8.2 Forum Selection. Exclusive venue lies in the [COUNTY NAME] State District Court – Housing Division, or any successor “state_housing_court”.

8.3 Arbitration Excluded. The parties expressly waive any requirement to arbitrate Bed Bug disputes.

8.4 Jury Trial. Nothing herein is intended as, nor shall be construed to be, a waiver of the constitutional right to trial by jury.

8.5 Equitable Relief. Either party may seek injunctive or other equitable relief as necessary to enforce habitability obligations without posting bond, to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. Must be in a written instrument signed by both parties; no waiver is effective unless in writing and applies only to the specific instance waived.

9.2 Assignment & Delegation. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as allowed under the Lease.

9.3 Successors & Assigns. This Addendum binds and benefits the parties and their lawful successors and assigns.

9.4 Severability. If any provision is held unenforceable, the remainder is reformed to effect the parties’ intent to the maximum lawful extent.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement regarding Bed Bugs and supersedes all prior oral or written statements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts, each deemed an original, and signatures transmitted electronically are binding.

X. EXECUTION BLOCK

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

[Add additional Tenant signature lines as necessary]

[// GUIDANCE: Notarization is generally not required for residential lease addenda in Hawaiʻi, but confirm lender or recording requirements if the Lease will be recorded.]