BEDBUG DISCLOSURE & TREATMENT ADDENDUM

to Residential Lease Agreement — State of Maine

[// GUIDANCE: This Addendum is intended for attachment to a pre-existing Residential Lease Agreement (the “Lease”). Insert the Addendum immediately after the parties’ signature pages, update internal cross-references in the Lease if necessary, and provide a copy of the fully-executed Addendum to every occupant 18 years of age or older.]

I. DOCUMENT HEADER

1. Parties.
This Bedbug Disclosure & Treatment Addendum (this “Addendum”) is entered into as of the Effective Date (defined below) by and between [LANDLORD LEGAL NAME], a [state/corporate form] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant”; collectively with Landlord, the “Parties”).

2. Premises.
The dwelling unit located at [PROPERTY ADDRESS, UNIT NO.] together with any appurtenant common areas is referred to herein as the “Premises.”

3. Recitals.
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [DATE] (the “Lease”).
B. Pursuant to 14 Me. Rev. Stat. Ann. tit. 14, § 6021-A and other applicable provisions of Maine landlord-tenant law, Landlord must make certain disclosures and establish clear procedures regarding bedbugs.
C. The Parties desire to supplement the Lease under the terms set forth herein, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

4. Effective Date.
This Addendum shall become effective on the later of (i) the date last signed below or (ii) the commencement date of Tenant’s right of possession under the Lease (the “Effective Date”).

II. DEFINITIONS

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

“Bedbug” means Cimex lectularius and all subsequent life stages thereof.

“Building” means the structure in which the Premises is located, including all adjacent dwelling units and common areas under Landlord’s control.

“Disclosure Period” means the twelve (12) month period immediately preceding the Effective Date.

“Inspection” means a visual and, where industry-standard, canine or other professionally accepted examination performed by a Licensed Pest Management Professional (“LPMP”) to determine the presence of Bedbugs.

“Treatment” means any method recognized by the Maine Board of Pesticides Control or the United States Environmental Protection Agency for eradication of Bedbugs, including all follow-up monitoring and re-treatments.

III. OPERATIVE PROVISIONS

3.1 Mandatory Disclosures.

(a) Landlord represents that, to Landlord’s actual knowledge after reasonable inquiry:
 (i) The Premises [is / is not] currently infested with Bedbugs; and
 (ii) During the Disclosure Period, the Premises [has / has not] been treated for Bedbugs.

(b) If either (i) or (ii) above is answered in the affirmative, Landlord shall attach Exhibit A stating:
 1. The dates of any Inspection and Treatment;
 2. The name and license number of the LPMP; and
 3. A description of all remediation measures taken.

3.2 Pre-Occupancy Inspection.

Prior to Tenant taking possession, Landlord shall:
(a) Provide Tenant at least five (5) business days’ written notice of Landlord’s intent to conduct an Inspection; and
(b) Furnish Tenant with a written copy of the Inspection results within two (2) business days after receipt.

3.3 Tenant Duty to Notify.

Tenant shall promptly—no later than twenty-four (24) hours after discovery—deliver written notice to Landlord of any sign, sighting, or reasonable suspicion of Bedbugs in the Premises or personal property therein.

3.4 Landlord’s Treatment Obligation.

(a) Landlord shall, within five (5) business days after receiving Tenant’s notice or otherwise obtaining knowledge of suspected Bedbugs, arrange for an LPMP Inspection of the Premises and, if confirmed, of any affected adjoining units.
(b) If an infestation is confirmed, Landlord shall commence Treatment within ten (10) business days thereafter and diligently pursue complete eradication.
(c) Cost Allocation. Except as provided in Section 7.2(b), Landlord shall bear the reasonable, documented cost of Inspection and initial Treatment.

3.5 Tenant Cooperation.

Tenant shall:
1. Grant access to the Premises to Landlord, the LPMP, and any auxiliary personnel during normal business hours upon at least twenty-four (24) hours’ prior notice;
2. Comply with all LPMP preparation requirements (e.g., laundering, decluttering, bagging, or temporary relocation of personal items); and
3. Refrain from interfering with or obstructing Treatment.

3.6 Personal Property.

Tenant is strongly advised to inspect all personal belongings—including but not limited to mattresses, upholstered furniture, and luggage—prior to move-in. Landlord shall not be liable for Bedbugs introduced by Tenant-controlled personal property except to the extent arising from Landlord’s negligence or willful misconduct.

3.7 Relocation During Treatment.

Landlord may, at Landlord’s sole discretion and expense, provide comparable temporary lodging or credit Tenant with an abatement of daily Rent for each day Tenant is required to vacate the Premises exclusively for Treatment, whichever is less costly to Landlord.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Warranty. Landlord warrants that any prior Bedbug infestation in the Premises or Building has been remediated in compliance with Maine law and industry standards.

4.2 Tenant Representations. Tenant represents and warrants that:
(a) Tenant’s immediately prior dwelling was [free / not free] of Bedbug infestation to Tenant’s knowledge; and
(b) Tenant has not discarded or abandoned personal property due to Bedbug infestation within the Disclosure Period.

4.3 Survival. All representations and warranties contained in this Addendum shall survive the expiration or earlier termination of the Lease for the statute of limitations applicable to written contracts in Maine.

V. COVENANTS & RESTRICTIONS

5.1 Negative Covenant. Tenant shall not introduce, or knowingly allow others to introduce, any furniture, bedding, or personal property known or reasonably suspected to be infested with Bedbugs.

5.2 Affirmative Covenant. Tenant shall comply with all reasonable LPMP instructions, including without limitation laundering textiles at prescribed temperatures, sealing items in approved containers, and permitting repeated access for follow-up Inspections.

5.3 Notice and Cure. In the event either Party breaches any covenant under this Addendum, the non-breaching Party shall deliver written notice specifying the breach. Except where immediate action is required to maintain habitability, the breaching Party shall have five (5) business days to commence a cure and fifteen (15) business days to complete it, subject to commercially reasonable extension where an LPMP certifies the need for additional time.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Landlord Default: Failure to timely inspect or treat in accordance with § 3.4.
(b) Tenant Default: (i) Failure to provide notice under § 3.3; (ii) Failure to cooperate under § 3.5; or (iii) Reintroduction of Bedbugs after successful Treatment through Tenant’s negligence or willful misconduct.

6.2 Remedies.
(a) Tenant Remedies for Landlord Default:
 1. Rent abatement equal to the percentage of the Premises rendered uninhabitable;
 2. Injunctive relief compelling Inspection or Treatment; and
 3. Recovery of actual, reasonable costs incurred by Tenant to mitigate Landlord’s default.

(b) Landlord Remedies for Tenant Default:
 1. Recovery of all reasonable, documented costs of re-Inspection and re-Treatment;
 2. Indemnification pursuant to § 7.2;
 3. Termination of tenancy in accordance with 14 Me. Rev. Stat. Ann. tit. 14, § 6021-A(3); and
 4. Any other right or remedy available at law or in equity.

6.3 Attorneys’ Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to recover its reasonable attorneys’ fees and court costs.

VII. RISK ALLOCATION

7.1 Limitation of Liability.

Except for a Party’s gross negligence or willful misconduct, neither Party shall be liable for consequential, incidental, punitive, or exemplary damages; liability shall be strictly limited to actual, direct damages proven by competent evidence.

7.2 Indemnification.

(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of Landlord’s failure to comply with its obligations under this Addendum or applicable law.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of (i) Tenant’s breach of this Addendum, or (ii) any Bedbug infestation or re-infestation caused by Tenant’s negligence, intentional act, or failure to cooperate.

7.3 Insurance.

[// GUIDANCE: Insert any specific renter’s insurance requirements in the Lease. The Maine statute does not mandate insurance coverage for Bedbugs but prudent practice suggests confirming whether Tenant’s personal property is protected.]

7.4 Force Majeure.

Neither Party shall be deemed in default for delay or failure in performance caused by an event beyond its reasonable control; provided, however, that nothing herein excuses Landlord from timely Inspection or Treatment once conditions reasonably permit.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the residential landlord-tenant laws of the State of Maine without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the Maine District Court, Housing Division (or, if no such division exists, the District Court having territorial jurisdiction over the Premises).

8.3 Arbitration. Arbitration is expressly excluded; all disputes shall be resolved in a court of competent jurisdiction.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of either Party’s constitutional right to a trial by jury.

8.5 Injunctive Relief. The Parties acknowledge that Bedbug infestations implicate statutory warranty-of-habitability rights; therefore, injunctive relief shall be available to compel Inspection, Treatment, or compliance with this Addendum.

IX. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver shall be effective unless in a writing signed by both Parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

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

9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, 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 executed by the Parties, constitutes the entire agreement with respect to 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., PDF, DocuSign) shall be deemed original signatures.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment—Consult local recording requirements]

EXHIBIT A

(Bedbug Inspection/Treatment History)
[Attach if required under § 3.1(b)]

[// GUIDANCE:
1. Confirm compliance with 14 Me. Rev. Stat. Ann. tit. 14, § 6021-A and any municipal ordinances (e.g., Portland Ch. 6 § 6-165).
2. Provide each new tenant with the Maine Center for Disease Control bedbug information pamphlet as required by statute.
3. Retain copies of all Inspection and Treatment reports for not less than three (3) years.
4. Update the Lease’s notice provision to ensure service of any bedbug-related notice is “in writing” and documented.]