BEDBUG DISCLOSURE ADDENDUM

to Residential Lease Agreement – State of Ohio

I. DOCUMENT HEADER

1. Parties.
   This Bedbug Disclosure Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”), each a “Party” and together the “Parties.”

2. Premises.
   The Addendum pertains to the leased residential premises located at [PROPERTY ADDRESS] (the “Premises”) and is incorporated into and made part of that certain Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”).

3. Purpose & Consideration.
   In consideration of the mutual covenants herein and the obligations under Ohio law (including, without limitation, Ohio Rev. Code § 5321.04(A)(6) and § 5321.05), the Parties agree to the following terms governing the prevention, detection, treatment, and allocation of responsibility for any bedbug infestation at the Premises.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Terms defined in the Lease but not herein retain the meanings ascribed to them in the Lease.

“Actual Damages” – The direct, out-of-pocket costs reasonably incurred and documented, but excluding incidental, consequential, punitive, or special damages.
“Bedbug” – Cimex lectularius or any other insect commonly referred to as a bedbug.
“Bedbug Treatment” – Any inspection, chemical or non-chemical treatment, remediation, or follow-up service performed by a Qualified Pest Control Operator to eradicate bedbugs.
“Introduced Bedbug Infestation” – An infestation that, based on a Qualified Pest Control Operator’s written report, was more likely than not brought onto the Premises by Tenant, Tenant’s occupants, guests, or personal property after the Commencement Date.
“Notice” – Written notification delivered pursuant to the Lease’s notice provision.
“Qualified Pest Control Operator” – A pest management professional duly licensed and insured under Ohio law.
“Tenant-Caused Infestation” – An Introduced Bedbug Infestation attributable to Tenant, as established by clear and convincing evidence contained in a Qualified Pest Control Operator’s report.

III. OPERATIVE PROVISIONS

3.1 Landlord’s Initial Disclosure.
(a) Known Condition. Landlord represents that, to Landlord’s actual knowledge and as of the Effective Date, the Premises [IS / IS NOT] currently infested with bedbugs.
(b) Prior Treatment. Landlord discloses that the Premises [HAS / HAS NOT] undergone Bedbug Treatment within the preceding twelve (12) months. If yes, Landlord shall attach treatment records as Exhibit A.

3.2 Tenant Pre-Occupancy Inspection & Acknowledgment.
(a) Tenant acknowledges receipt of Landlord’s disclosures and affirms that Tenant has been afforded an opportunity to inspect the Premises for bedbugs prior to taking possession.
(b) Tenant shall, within seventy-two (72) hours after the Commencement Date, furnish Landlord with written confirmation either (i) that Tenant has not detected bedbugs, or (ii) that a suspected infestation exists (in which event provisions of § 3.4 apply).

3.3 Ongoing Inspection, Notice & Access.
(a) Tenant shall promptly notify Landlord in writing of any suspected bedbug activity.
(b) Upon reasonable Notice (minimum twenty-four (24) hours unless emergency), Tenant shall grant Landlord and any Qualified Pest Control Operator access to the Premises for inspection or Bedbug Treatment.
(c) Failure to provide access constitutes a material breach and Event of Default under § VI.

3.4 Bedbug Treatment Protocol.
(a) Selection of Vendor. Landlord shall retain a Qualified Pest Control Operator to inspect and, if warranted, perform Bedbug Treatment.
(b) Tenant Preparation. Tenant shall, at Tenant’s expense, comply with all reasonable prep instructions (laundering, bagging, furniture movement, vacancy periods, etc.).
(c) Follow-Up. Landlord may schedule follow-up inspections or treatments as the Qualified Pest Control Operator deems necessary. Tenant cooperation remains mandatory.

3.5 Cost Allocation.
(a) Landlord Responsibility. Landlord shall bear all reasonable costs of Bedbug Treatment except as provided in § 3.5(b).
(b) Tenant Responsibility & Indemnification. If a Qualified Pest Control Operator determines a Tenant-Caused Infestation, Tenant shall:
(i) reimburse Landlord for all Bedbug Treatment costs within thirty (30) days of invoicing; and
(ii) indemnify, defend, and hold Landlord harmless from Actual Damages suffered by Landlord or other occupants as a direct result of the Tenant-Caused Infestation.
(c) No Party shall be liable for incidental or consequential damages; liability is limited to Actual Damages.

3.6 Habitability & Injunctive Relief.
Landlord acknowledges its statutory duty to keep the Premises in a fit and habitable condition. Tenant may seek injunctive relief under applicable Ohio law if Landlord fails to perform required Bedbug Treatment, subject to the notice and cure provisions of § VI.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party warrants that it has full right and authority to enter into and perform this Addendum.

4.2 Landlord Warranty. Landlord warrants it will comply with all applicable housing, health, and safety codes, including timely extermination of bedbugs not attributable to Tenant.

4.3 Tenant Warranty. Tenant represents that all personal property introduced to the Premises is free of bedbugs to the best of Tenant’s knowledge and agrees to exercise reasonable care to prevent infestation.

4.4 Survival. The representations, warranties, and indemnification obligations herein survive termination or expiration of the Lease to the extent arising from events occurring during the Lease Term.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
(a) avoid bringing into the Premises any furniture or possessions known or reasonably suspected to be infested;
(b) promptly launder and heat-treat linens and clothing after travel from high-risk locations;
(c) comply with all Bedbug Treatment and inspection requirements.

5.2 Prohibited Conduct. Tenant shall not knowingly:
(a) conceal a bedbug infestation or delay providing Notice;
(b) discard infested items in common areas without proper sealing and labeling;
(c) attempt self-treatment with over-the-counter pesticides that may endanger occupants or violate law.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(i) Failure by either Party to perform any material obligation herein, following ten (10) days’ written notice (or twenty-four (24) hours’ notice in case of emergency access) and opportunity to cure;
(ii) Tenant’s refusal to grant access for inspection or treatment;
(iii) Non-payment of amounts due under § 3.5(b).

6.2 Remedies. Upon an Event of Default, the non-defaulting Party may pursue any remedy available at law or in equity, including but not limited to:
(a) injunctive relief to compel compliance;
(b) recovery of Actual Damages and reasonable attorneys’ fees;
(c) termination of the Lease in accordance with Ohio Rev. Code § 5321.05 & § 5321.06 (as applicable).

VII. RISK ALLOCATION

7.1 Indemnification. Indemnification obligations are limited to Actual Damages as defined herein. Each Party’s total aggregate liability under this Addendum shall not exceed Actual Damages proven.

7.2 Insurance. Tenant is encouraged, but not required, to obtain renters’ insurance covering property loss due to bedbug infestation. Landlord shall maintain property insurance customary for similarly situated residential properties.

7.3 Force Majeure. Neither Party shall be liable for delay or failure in performance caused by events beyond its reasonable control (excluding financial inability), provided the affected Party gives prompt Notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by and construed in accordance with the residential landlord-tenant laws of the State of Ohio.

8.2 Forum Selection. The Parties agree that any action arising out of or relating to this Addendum shall be brought exclusively in the [COUNTY] Housing Court (or other court of competent jurisdiction within the State of Ohio).

8.3 Arbitration. The Parties expressly exclude arbitration.

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

8.5 Injunctive Relief. Notwithstanding anything to the contrary, either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or to prevent irreparable harm caused by bedbug infestation.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver of any provision shall be effective unless in writing and signed by both Parties.

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

9.3 Successors & Assigns. Subject to § 9.2, this Addendum is binding upon and inures to the benefit of the Parties and their respective successors and assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

9.5 Integration. This Addendum, together with the Lease and any exhibits, constitutes the entire agreement regarding bedbug matters and supersedes all prior understandings.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts and delivered via electronic signature (e.g., DocuSign), each of which shall be deemed an original and together constitute one instrument.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment if required by local ordinance]

[// GUIDANCE: Attach treatment records, pest control reports, and any municipal bedbug disclosure forms as Exhibits to enhance compliance and evidentiary support.]

[// GUIDANCE: Verify any city-specific ordinances (e.g., Cincinnati Municipal Code Ch. 871-12) and add supplemental language if the Premises is located in a municipality with enhanced bedbug requirements.]