Bedbug Disclosure & Treatment Addendum

to Residential Lease Agreement – State of Nebraska

[// GUIDANCE: This standalone addendum is intended to be attached to and incorporated into an existing Nebraska residential lease. Replace all bracketed placeholders, remove guidance boxes prior to execution, and obtain any additional statutory disclosures required by local ordinance.]

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 Parties

This Bedbug Disclosure & Treatment Addendum (this “Addendum”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. Landlord: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] (“Landlord”); and
b. Tenant: [TENANT NAME(S)] (collectively, “Tenant”).

Landlord and Tenant are each a “Party” and together the “Parties.”

1.2 Property

Premises: the dwelling unit located at [PREMISES ADDRESS], together with all appurtenant Common Areas (the “Premises”).

1.3 Incorporation

This Addendum is incorporated into and made part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”). In the event of conflict, this Addendum controls with respect to bedbug matters.

1.4 Governing Framework

This Addendum is governed by and shall be construed in accordance with the Nebraska Uniform Residential Landlord and Tenant Act, Neb. Rev. Stat. §§ 76-1401 to -1449, and other applicable state and local housing codes (collectively, “State Landlord-Tenant Law”).

2. DEFINITIONS

For purposes of this Addendum (capitalized terms have the meanings set forth below; cross-references indicate where such terms appear):

“Addendum” – this Bedbug Disclosure & Treatment Addendum.

“Bedbug” – Cimex lectularius or any related species commonly referred to as bed bugs.

“Certificate of Treatment” – a written statement, in customary industry form, issued by a Licensed Pest Control Professional confirming completion of an approved treatment protocol and absence of live Bedbugs.

“Common Areas” – hallways, laundry rooms, lobbies, elevators, and other areas of the building not leased for exclusive use.

“Infestation” – live presence of Bedbugs, their eggs, or visible indications (e.g., casings, fecal spots) within the Premises or Common Areas.

“Licensed Pest Control Professional” – a person or entity duly licensed or certified under Nebraska law to perform structural pest control services.

“Personal Belongings” – Tenant’s furniture, clothing, bedding, and other personal property.

“Premises” – defined in § 1.2.

“Promptly” – within forty-eight (48) hours unless another period is expressly stated.

“Treatment” – chemical, thermal, or other professional pest control measures reasonably designed to eliminate Bedbugs.

3. OPERATIVE PROVISIONS

3.1 Initial Disclosure by Landlord

a. Landlord represents that, to the best of Landlord’s knowledge after reasonable inquiry and inspection, the Premises:
 (i) [ ] are free of Bedbugs; OR
 (ii) [ ] have a current or recent Infestation described in Schedule A attached hereto.

b. Landlord further discloses any bedbug treatments performed within the last twelve (12) months in Schedule B (if none, mark “None”).

[// GUIDANCE: Attach professional inspection or treatment records where available.]

3.2 Tenant Pre-Occupancy Inspection

Prior to taking possession, Tenant has (i) been provided reasonable opportunity to inspect the Premises, and (ii) affirms below:
 [ ] Tenant found no evidence of Bedbugs; OR
 [ ] Tenant observed potential evidence described in Schedule C.

3.3 Ongoing Disclosure & Reporting

Tenant shall Promptly notify Landlord in writing upon the earlier of (i) discovery or (ii) reasonable suspicion of any Infestation in the Premises or Common Areas.

3.4 Access for Inspection & Treatment

a. Upon twenty-four (24) hours’ prior notice (or as otherwise permitted under State Landlord-Tenant Law for emergencies), Tenant shall provide Landlord and its agents access to:
 (i) inspect for Bedbugs; and
 (ii) conduct Treatment or follow-up inspections.
b. Tenant shall cooperate fully, including without limitation: laundering or heat-treating fabrics; sealing or discarding mattresses; and relocating Personal Belongings as reasonably directed.

3.5 Treatment Obligations & Schedule

a. If an Infestation is confirmed, Landlord shall engage a Licensed Pest Control Professional to commence Treatment within five (5) business days, subject to professional availability and weather conditions.
b. Treatment shall continue until a Certificate of Treatment is issued.

3.6 Cost Allocation

a. Baseline Rule. Landlord shall bear all reasonable costs of inspection and Treatment unless the Infestation is materially caused by Tenant’s (or Tenant’s invitees’) negligence, willful misconduct, or failure to comply with this Addendum.
b. Causation Standard. If the Licensed Pest Control Professional reasonably determines that Tenant caused or materially contributed to the Infestation, Tenant shall reimburse Landlord for:
 (i) inspection and Treatment costs;
 (ii) additional cleaning or remediation expenses; and
 (iii) reasonable attorneys’ fees incurred to collect such sums.
c. Invoices are due as additional rent within thirty (30) days after delivery to Tenant.

3.7 Personal Property & Insurance

Tenant is solely responsible for protecting, treating, or replacing Personal Belongings. Landlord strongly recommends that Tenant obtain renter’s insurance covering pests and related property loss.

3.8 Relocation or Temporary Housing

Landlord is not obligated to provide or pay for temporary relocation, rental abatement, or alternative lodging during Treatment, except as expressly required by State Landlord-Tenant Law or a final order of a competent court.

3.9 Prohibition on Introduction

Tenant shall not knowingly introduce Bedbugs into the Premises, including via second-hand furniture or other contaminated Personal Belongings.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents it has full legal right, power, and authority to execute and perform this Addendum.

4.2 Landlord Limited Warranty. Except as expressly set forth in § 3.1, Landlord makes no other representations or warranties, express or implied, regarding the absence of Bedbugs.

4.3 Tenant Warranty. Tenant warrants that any Personal Belongings brought onto the Premises on or after the Effective Date have been reasonably inspected and are free of Bedbugs.

4.4 Survival. The representations and warranties in this § 4 survive the expiration or earlier termination of the Lease for twelve (12) months.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants
a. Maintain Premises in a clean, sanitary condition to minimize risk of Infestation.
b. Comply with all preparation instructions issued by the Licensed Pest Control Professional.
c. Refrain from self-treating with over-the-counter pesticides without Landlord’s prior written consent.

5.2 Landlord Covenants
a. Maintain the Premises in habitable condition as required by State Landlord-Tenant Law.
b. Keep records of inspections and Treatments for not less than two (2) years and make such records available to Tenant upon reasonable request.

6. DEFAULT & REMEDIES

6.1 Events of Default
Tenant’s failure to:
 (i) provide access under § 3.4;
 (ii) cooperate with Treatment; or
 (iii) pay reimbursable costs under § 3.6
constitutes a material non-compliance under State Landlord-Tenant Law and a default under the Lease.

6.2 Notice & Cure
Landlord shall provide written notice specifying the default and a cure period of seventy-two (72) hours (or the minimum period required by statute, whichever is longer). Failure to cure permits Landlord to pursue all remedies available under the Lease and State Landlord-Tenant Law, including possession proceedings.

6.3 Attorneys’ Fees
The defaulting Party shall pay the prevailing Party’s reasonable attorneys’ fees and costs incurred to enforce this Addendum.

7. RISK ALLOCATION

7.1 Indemnification (Responsibility Allocation)

Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to (a) Tenant’s breach of this Addendum, or (b) Tenant’s negligence or willful misconduct resulting in Infestation, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability (Actual Damages Cap)

Neither Party shall be liable to the other for special, consequential, punitive, or exemplary damages arising out of this Addendum. Liability is limited to actual, direct damages proven in accordance with applicable law.

7.3 Insurance

Landlord shall maintain property insurance customary for similarly situated multi-family properties. Tenant is advised to obtain renter’s insurance per § 3.7.

7.4 Force Majeure

Performance deadlines are extended to the extent delayed by events beyond the performing Party’s reasonable control (excluding financial inability), provided the Party invokes this clause in writing within three (3) business days after becoming aware of the event.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum and any dispute arising hereunder are governed by State Landlord-Tenant Law and other applicable laws of the State of Nebraska, without regard to conflict-of-laws principles.

8.2 Forum Selection
The Parties consent to exclusive jurisdiction and venue in the [COUNTY] County Court, Nebraska, Housing Division (or, if no housing division exists, the County Court or District Court having subject-matter jurisdiction).

8.3 Arbitration Excluded
The Parties knowingly and voluntarily waive any agreement to arbitrate disputes concerning Bedbugs, except as may be ordered by a court of competent jurisdiction.

8.4 Jury Trial
Nothing in this Addendum constitutes a waiver of any right to a jury trial under the Nebraska Constitution or applicable law.

8.5 Injunctive Relief
Notwithstanding any other remedy, either Party may seek injunctive or equitable relief to enforce habitability obligations or to prevent the continued spread of Bedbugs.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both Parties. Waiver of any breach is not a waiver of any other or subsequent breach.

9.2 Assignment
Tenant may not assign or sublet the Premises without Landlord’s prior written consent, which may be conditioned on the prospective occupant’s written agreement to assume this Addendum.

9.3 Successors & Assigns
This Addendum binds and benefits the Parties and their respective successors and permitted assigns.

9.4 Severability
If any provision 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 achieve its intended purpose.

9.5 Integration
This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties regarding Bedbugs, superseding 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 constitute one instrument. Signatures transmitted by facsimile, PDF, or electronic signature platform are binding.

10. EXECUTION BLOCK

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

[Notary acknowledgment, if required under local ordinance]

Schedules (attach as needed)

• Schedule A – Current/Recent Infestation Description
• Schedule B – Prior Treatment Records (12-Month Lookback)
• Schedule C – Tenant Pre-Occupancy Observations

[// GUIDANCE:
1. Confirm local (city/county) regulations for additional disclosure forms.
2. Adjust cure periods or cost-allocation language if local ordinances impose stricter standards.
3. If providing any rent abatement or relocation benefits, insert terms in § 3.8.
4. Delete or customize Schedules if not applicable.]