BEDBUG DISCLOSURE AND TREATMENT ADDENDUM

to that certain Residential Lease Agreement for the Premises Located at [PROPERTY ADDRESS], Kentucky

(the “Addendum”)

[// GUIDANCE: This Addendum supplements—and is incorporated into—the main Residential Lease Agreement (“Lease”). Attach this Addendum to every new or renewal Lease for residential real property in Kentucky where the Landlord is required or elects to provide a bedbug disclosure.]

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

I. DOCUMENT HEADER

Effective Date: [DATE]

Landlord (“Lessor”): [LANDLORD LEGAL NAME], a [ENTITY TYPE] organized under the laws of [STATE]

Tenant (“Lessee”): [TENANT LEGAL NAME]

Premises: [UNIT #], [PROPERTY ADDRESS], [CITY], Kentucky, [ZIP]

Recitals

A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
B. Kentucky law—including KRS Chapter 383 (Uniform Residential Landlord and Tenant Act, as adopted locally)—imposes duties on both parties regarding bedbug prevention, disclosure, and treatment.
C. The parties enter into this Addendum to allocate responsibilities, memorialize required disclosures, and promote a bedbug-free dwelling.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below:

“Addendum” means this Bedbug Disclosure and Treatment Addendum to the Lease.

“Bedbug” means Cimex lectularius or any similar insect commonly referred to as a bedbug at any life stage.

“Infestation” means the presence of one or more live Bedbugs, cast skins, fecal spots, eggs, or other verifiable evidence of Bedbug activity, as confirmed by a licensed Pest Control Contractor.

“Notification” means written or electronic notice in compliance with Section 3.6.

“Pest Control Contractor” means a pest management professional properly licensed in Kentucky and qualified to inspect for and treat Bedbugs.

“Premises” has the meaning given in the Lease and includes all areas exclusively or jointly occupied or used by Tenant.

“Treatment Plan” means the written protocol issued by the Pest Control Contractor detailing inspection findings, recommended remediation, and follow-up procedures.

III. OPERATIVE PROVISIONS

3.1 Incorporation by Reference

This Addendum is incorporated into and made part of the Lease; all Lease provisions remain in full force except as expressly modified herein.

3.2 Landlord’s Initial Disclosure

(a) Landlord represents that, to Landlord’s actual knowledge, the Premises were free of Infestation on the later of (i) the Effective Date, or (ii) the last professional inspection dated [DATE OF INSPECTION] by [PEST CONTROL CONTRACTOR].
(b) Landlord discloses the following history of Bedbug treatment in the building within the preceding 12 months:
 [DISCLOSURE DETAILS or “None.”]

[// GUIDANCE: If Kentucky municipality has additional disclosure forms (e.g., Louisville Metro), attach as Schedule A.]

3.3 Tenant Pre-Occupancy Inspection

Tenant acknowledges having had the opportunity to inspect the Premises before taking possession and:
☐ confirms no evidence of Bedbugs was observed;   or  ☐ reports suspected evidence as described in attached Schedule B.

3.4 Ongoing Duties of Tenant

(a) Housekeeping. Tenant shall maintain the Premises in a manner that limits conditions conducive to Bedbugs, including regular laundering of bedding, avoidance of excessive clutter, and prompt removal of refuse.
(b) Furnishings. Tenant shall not introduce into the Premises any furniture, mattresses, or personal effects known or reasonably suspected to be infested.
(c) Reporting. Tenant shall deliver a Notification of any suspected Bedbug activity within 24 hours of discovery.
(d) Cooperation. Tenant shall comply fully with any Treatment Plan, including but not limited to preparing the Premises, laundering textiles, vacating as required, and allowing reasonable access.

3.5 Landlord’s Duties Upon Notice

(a) Inspection. Landlord shall engage a Pest Control Contractor to inspect the Premises within five (5) business days after receipt of Tenant’s Notification, subject to entry rights under KRS § 383.615(3).
(b) Treatment. If Infestation is confirmed, Landlord shall, within a commercially reasonable time, initiate a Treatment Plan and provide Tenant with written instructions.
(c) Habitability. Landlord’s performance under this Section satisfies Landlord’s duty to maintain fit and habitable premises under KRS § 383.595(1)(a).

3.6 Manner of Notification

All notices under this Addendum must be in writing and delivered pursuant to Section [X] of the Lease, except that email to [LANDLORD EMAIL] shall be sufficient for Tenant.

3.7 Cost Allocation

(a) Landlord Responsibility. Landlord shall bear all reasonable costs of inspection and Treatment if Infestation is (i) discovered within the first thirty (30) days after Tenant’s initial occupancy, or (ii) not caused by Tenant’s or Tenant’s invitees’ negligence, willful misconduct, or violation of Section 3.4.
(b) Tenant Responsibility. If Infestation is attributable to Tenant’s breach of Section 3.4 or arises after the first thirty (30) days of occupancy without evidence of building-wide infestation, Tenant shall reimburse Landlord for all actual costs of Inspection and Treatment as Additional Rent, payable within thirty (30) days of Landlord’s written demand and supporting invoices.
(c) Disputed Charges. Tenant may dispute charges in writing within ten (10) days; failure to timely dispute constitutes waiver.

3.8 Access for Treatment

Tenant shall provide access on at least 24-hours’ advance notice (or shorter as permitted by law in an emergency) and shall not unreasonably withhold consent.

3.9 Retaliatory Action Prohibited

Landlord shall not retaliate against Tenant for good-faith reporting of Bedbug concerns.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents it has full legal right and authority to enter into this Addendum.

4.2 Landlord Representations. Landlord represents that (a) any prior treatments were completed in accordance with applicable Kentucky pest control regulations; and (b) the information provided in Section 3.2 is true and correct to the best of Landlord’s knowledge.

4.3 Tenant Representations. Tenant represents that (a) Tenant has inspected all personal property being brought into the Premises and has no knowledge of existing Bedbug Infestation; and (b) Tenant will comply with Section 3.4 at all times.

4.4 Survival. The representations and warranties herein survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant
(a) Follow Treatment Plan instructions timely and completely.
(b) Pay any Tenant-responsible costs under Section 3.7(b).
(c) Notify Landlord in writing of ineffective treatment within seventy-two (72) hours of becoming aware.

5.2 Negative Covenants of Tenant
Tenant shall not:
(a) Self-treat with over-the-counter pesticides without Landlord’s written consent;
(b) Dispose of infested items in common areas without sealing and labeling per local ordinance;
(c) Re-introduce discarded furniture or mattresses from unknown sources.

5.3 Landlord Covenants
Landlord shall:
(a) Use only licensed Pest Control Contractors;
(b) Provide Tenant at least 24-hours’ notice prior to pesticide application, unless exigent circumstances justify shorter notice;
(c) Maintain records of inspections and treatments for three (3) years, available to Tenant upon reasonable request.

VI. DEFAULT & REMEDIES

6.1 Tenant Default
The following constitute Events of Default:
(a) Failure to provide access under Section 3.8;
(b) Failure to comply with Treatment Plan requirements;
(c) Non-payment of amounts due under Section 3.7(b).

6.2 Landlord Default
Failure to timely commence Treatment after confirmed Infestation, subject to force-majeure delay under Section 7.4.

6.3 Cure Periods
(a) Monetary Defaults: three (3) calendar days after written notice.
(b) Non-monetary Defaults: seven (7) calendar days after written notice, unless emergency measures are required.

6.4 Remedies
(a) Landlord Remedies. Upon Tenant Default, Landlord may (i) perform Tenant obligations and charge costs as Additional Rent; (ii) seek injunctive relief to enforce access and cooperation; and (iii) pursue any remedy available under the Lease or applicable law, including termination.
(b) Tenant Remedies. Upon Landlord Default, Tenant may pursue remedies under KRS § 383.625, including injunctive relief or termination, after giving required notice.

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

VII. RISK ALLOCATION

7.1 Indemnification

(a) Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, losses, and expenses (including reasonable attorneys’ fees) arising out of Tenant’s breach of this Addendum or Tenant-introduced Infestation.
(b) Landlord shall indemnify, defend, and hold Tenant harmless from and against all claims, losses, and expenses arising out of Landlord’s breach of its duties under Section 3.5.

7.2 Limitation of Liability

Except for (i) claims arising from a party’s gross negligence or willful misconduct, or (ii) personal injury claims, each party’s liability under this Addendum shall be limited to actual, direct damages proven, and neither party shall be liable for consequential, special, or punitive damages.

7.3 Insurance

Tenant is encouraged—but not required—to obtain renter’s insurance that covers pest-related personal property loss. Landlord maintains property insurance but such coverage typically excludes tenant belongings.

7.4 Force Majeure

A party is excused for delay in performance—other than payment obligations—caused by events beyond its reasonable control (e.g., governmental restrictions, supply-chain disruptions affecting pesticide availability), provided such party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum and the Lease shall be governed by the substantive laws of the Commonwealth of Kentucky without regard to conflict-of-laws rules.

8.2 Forum Selection
The parties consent to exclusive jurisdiction and venue in the state housing court (or, if none, the district court) located in the county where the Premises are situated.

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

8.4 Preservation of Injunctive Relief
Nothing herein limits a party’s right to seek equitable or injunctive relief, including orders compelling access or compliance with a Treatment Plan, to preserve habitability and health.

8.5 Jury Trial
Each party retains its constitutional right to a trial by jury; no waiver is intended or implied.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers
No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver of any breach is not a waiver of any other or subsequent breach.

9.2 Assignment
Tenant may not assign this Addendum or the Lease, nor sublet the Premises, without Landlord’s prior written consent, except as otherwise provided by law.

9.3 Successors & Assigns
This Addendum binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns.

9.4 Severability
If any provision of this Addendum is held 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 regarding Bedbug matters and supersedes all prior oral or written negotiations.

9.6 Counterparts & Electronic Signatures
This Addendum may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Electronic signatures and delivery via PDF or similar format are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Bedbug Disclosure and Treatment Addendum as of the Effective Date.

[// GUIDANCE: Kentucky does not mandate notarization of residential leases statewide; however, if the local county clerk requires notarization for recording—or if Landlord desires—add a notary acknowledgment below.]

NOTARY ACKNOWLEDGMENT (Optional)
State of Kentucky  County of ____
On this ___ day of _, 20__, before me, the undersigned Notary Public, personally appeared ___, known to me (or satisfactorily proven) 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.
Witness my hand and official seal.

Notary Public
My Commission Expires: _______

[// GUIDANCE: Review local ordinances (e.g., Louisville Metro Public Health & Wellness regulations) for any additional mandatory language or timeframes and insert as needed.]