RESIDENTIAL LEASE ADDENDUM

BEDBUG DISCLOSURE & TREATMENT AGREEMENT

(Indiana – Governed by Indiana Landlord–Tenant Law)

[// GUIDANCE: This Addendum is intended to be attached to and made part of an existing Residential Lease. Replace all bracketed placeholders before execution. Confirm that any referenced statutory citations remain current.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. Residential Lease Addendum – Bedbug Disclosure & Treatment Agreement (“Addendum”).

1.2 Parties.
(a) “Landlord”: [LANDLORD LEGAL NAME], a [STATE OF ORGANIZATION] [ENTITY TYPE], whose notice address is [ADDRESS].
(b) “Tenant”: [TENANT LEGAL NAME(S)], collectively and individually, whose notice address is the Leased Premises identified below.

1.3 Recitals.
A. Landlord and Tenant are parties to that certain Residential Lease dated [ORIGINAL LEASE DATE] (the “Lease”) for the residential dwelling located at [STREET ADDRESS, UNIT, CITY, IN ZIP] (the “Leased Premises”).
B. Indiana law requires disclosure of known bedbug conditions and establishes duties relating to the inspection, reporting, and eradication of bedbugs to maintain habitability. See, e.g., Ind. Code §§ 32-31-8-5; 32-31-7-5.
C. The parties desire to supplement the Lease to allocate responsibilities, costs, and remedies concerning any bedbug Infestation (as defined below) in accordance with Indiana law.

1.4 Effective Date. This Addendum is effective as of the later of (i) the Lease commencement date or (ii) the date on which the last party executes this Addendum (“Effective Date”).

1.5 Incorporation. This Addendum is incorporated by reference into the Lease. If any provision of this Addendum conflicts with the Lease, this Addendum controls as to bedbug-related matters.

2. DEFINITIONS

The following capitalized terms have the meanings set forth below and apply throughout this Addendum.

2.1 “Actual Damages” means proven, out-of-pocket costs and expenses, excluding special, consequential, incidental, exemplary, or punitive damages.

2.2 “Bedbug” or “Bedbugs” means Cimex lectularius or Cimex hemipterus at any life stage.

2.3 “Infestation” means the presence of one (1) or more live bedbugs, bedbug eggs, or other verifiable evidence of bedbug activity in the Leased Premises or any Common Areas.

2.4 “Inspection Report” means a written report prepared by a Professional Pest Control Operator documenting inspection findings for bedbug activity.

2.5 “Professional Pest Control Operator” means a business or individual licensed in Indiana to diagnose and treat bedbug infestations.

2.6 “Treatment Plan” means the written protocol issued by a Professional Pest Control Operator specifying treatment measures (chemical, heat, or other) and follow-up actions required to achieve eradication.

3. OPERATIVE PROVISIONS

3.1 Initial Landlord Disclosure.
(a) Inspection. Landlord certifies that, within [X] days prior to the Effective Date, a Professional Pest Control Operator inspected the Leased Premises.
(b) Results. Landlord attaches as Exhibit A the Inspection Report. Landlord discloses that, to the best of Landlord’s knowledge, as of the Effective Date:
 (i) [SELECT ONE] ☐ No Infestation exists. ☐ An Infestation exists as described in Exhibit A and will be treated per Section 5.1.

3.2 Tenant Pre-Occupancy Duty. Within forty-eight (48) hours after taking possession, Tenant shall:
(a) inspect the Leased Premises for any evidence of Bedbugs; and
(b) deliver written notice to Landlord of any suspected Infestation (“Move-In Notice”).

3.3 Ongoing Notification. Tenant must promptly (and in any event within twenty-four (24) hours) notify Landlord in writing upon discovery or reasonable suspicion of any Infestation during the Lease Term (“Infestation Notice”).

3.4 Access for Inspection & Treatment. Upon twenty-four (24) hours’ advance notice, Tenant shall provide Landlord and any Professional Pest Control Operator with reasonable access to the Leased Premises to inspect, implement, and monitor any Treatment Plan.

3.5 Conditions Precedent to Remedial Obligations. Landlord’s obligations under Section 5 are conditioned upon Tenant’s full compliance with Section 3. Failure by Tenant to provide timely access or to comply with preparation protocols constitutes a Tenant Default under Section 6.1(b).

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations.
(a) Habitability. Landlord represents that, as of the Effective Date, Landlord is unaware of any Infestation in the Leased Premises or, if an Infestation exists, it will be treated in accordance with an attached Treatment Plan.
(b) Compliance With Law. Landlord will comply with applicable health and housing codes regarding bedbugs, including Ind. Code § 32-31-8-5.

4.2 Tenant Representations.
(a) Personal Property. Tenant represents that all personal property (furniture, clothing, luggage, etc.) introduced into the Leased Premises has been inspected and is free of Bedbugs.
(b) Past Infestation. Tenant represents that within the preceding twelve (12) months Tenant has not vacated a dwelling due to a bedbug Infestation, except as disclosed here: [DISCLOSURE OR “NONE”].

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

5. COVENANTS & RESTRICTIONS

5.1 Landlord Treatment Obligations.
(a) If an Infestation is reported or discovered during the Lease Term and is not attributable to Tenant under Section 5.2, Landlord shall, at Landlord’s expense, retain a Professional Pest Control Operator to implement a Treatment Plan until the Infestation is eradicated, in compliance with Ind. Code § 32-31-8-5.
(b) Landlord shall provide Tenant with a copy of the Treatment Plan and any preparation instructions at least twenty-four (24) hours before treatment.

5.2 Tenant Obligations.
(a) Preparation & Cooperation. Tenant shall strictly follow all preparation instructions (laundering, bagging, moving furniture, etc.) and cooperate with all Treatment Plan requirements.
(b) Prevention. Tenant shall not introduce used mattresses, upholstered furniture, or other high-risk items into the Leased Premises without first treating or certifying them as bedbug-free.
(c) Cost Allocation for Tenant-Caused Infestation. If a Professional Pest Control Operator reasonably determines that an Infestation is primarily caused by Tenant’s negligence, willful misconduct, or breach of this Addendum, Tenant shall reimburse Landlord for the Actual Damages incurred by Landlord in inspection, treatment, and remediation (“Tenant Reimbursable Costs”).

5.3 Common Areas. Landlord will treat Common Areas if an Infestation is confirmed therein. Tenant shall comply with access and preparation requirements for such areas.

5.4 Personal Property. Tenant is solely responsible for treating or replacing Tenant’s personal property infested with Bedbugs, regardless of fault. Tenant is strongly advised to obtain renter’s insurance covering bedbug-related losses.

6. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Landlord Default: Failure to initiate treatment within seven (7) days after receipt of an Infestation Notice not attributable to Tenant.
(b) Tenant Default:
 (i) Failure to provide timely Move-In Notice or Infestation Notice;
 (ii) Failure to comply with preparation or cooperation obligations;
 (iii) Introduction of infested personal property; or
 (iv) Non-payment of Tenant Reimbursable Costs within ten (10) days after written demand.

6.2 Notice & Cure. The non-defaulting party shall deliver written notice specifying the default. The defaulting party has:
(a) Landlord: five (5) days to cure;
(b) Tenant: three (3) days to cure.

6.3 Remedies.
(a) Landlord Remedies for Tenant Default: (i) recovery of Tenant Reimbursable Costs, (ii) monetary damages, (iii) injunctive relief to gain access or compel compliance, and (iv) any remedies available under the Lease or Indiana law.
(b) Tenant Remedies for Landlord Default: (i) injunctive relief or specific performance to enforce Landlord’s treatment obligations, (ii) abatement of rent proportionate to the loss of use as determined by a court, and (iii) termination of Lease if Infestation remains unremedied after two (2) treatment cycles.

6.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from Actual Damages arising from Landlord’s failure to comply with Section 5.1 or from pre-existing Infestation not disclosed in Section 3.1.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from Actual Damages arising from Tenant’s Default under Section 6.1(b).

7.2 Limitation of Liability. Except for indemnity obligations under Section 7.1, neither party is liable to the other for consequential, incidental, punitive, or exemplary damages. Liability is limited to Actual Damages.

7.3 Insurance. Landlord shall maintain property insurance covering structural components; Tenant is responsible for personal property coverage.

7.4 Force Majeure. Delays in inspection or treatment caused by events beyond reasonable control (e.g., supply chain disruption of treatment chemicals) extend cure periods on a day-for-day basis.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by the laws of the State of Indiana, without regard to its conflict-of-law rules.

8.2 Forum Selection. The parties consent to the exclusive jurisdiction of the [COUNTY] Superior Court, Housing Division (or its small-claims jurisdiction, as applicable).

8.3 Arbitration Excluded. The parties expressly opt out of arbitration for any dispute arising under this Addendum.

8.4 Jury Trial. Nothing herein constitutes a waiver of any constitutional right to a jury trial.

8.5 Injunctive Relief Preserved. Either party may seek temporary, preliminary, or permanent injunctive relief for habitability-related matters without posting bond to the extent permitted by law.

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 & 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, and permitted assigns.

9.4 Severability. If a court of competent jurisdiction declares any provision of this Addendum 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 other written addenda, constitutes the entire agreement of the parties regarding bedbugs and supersedes all prior or contemporaneous oral or written agreements on that subject.

9.6 Counterparts & Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., DocuSign, PDF) are binding as originals.

10. EXECUTION BLOCK

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

[// GUIDANCE: Notarization is not typically required for an addendum of this type under Indiana law, but verify any local rules or lender requirements. If notarization is desired, insert acknowledgment blocks here.]

EXHIBIT A

(Attach Inspection Report and, if applicable, Treatment Plan)