BEDBUG DISCLOSURE & ADDENDUM

to Residential Lease Agreement – State of Rhode Island

[// GUIDANCE: This template is drafted for residential tenancies governed by the Rhode Island Residential Landlord and Tenant Act, R.I. Gen. Laws § 34-18-1 et seq. It should be attached to—and expressly incorporated into—an existing written Lease Agreement for the same Premises. Practitioners should customize all bracketed fields and confirm statutory citations prior to execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. Bedbug Disclosure & Addendum (“Addendum”) to that certain Residential Lease Agreement dated [DATE OF LEASE] (the “Lease”).
2. Parties.
   2.1 Landlord: [LEGAL NAME], having an address at [ADDRESS] (“Landlord”).
   2.2 Tenant: [LEGAL NAME(S)] (“Tenant”).
3. Premises. The dwelling unit located at [FULL STREET ADDRESS, UNIT NO., CITY, RI, ZIP] (the “Premises”).
4. Consideration. In consideration of the mutual covenants herein and in the Lease, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.
5. Effective Date. This Addendum is effective as of the later of (a) the Lease commencement date, or (b) the date signed by the last party to execute below (“Effective Date”).
6. Jurisdiction. This Addendum is governed by the Rhode Island Residential Landlord and Tenant Act, including without limitation R.I. Gen. Laws § 34-18-22.1 (2023) (Bedbug infestations) (“Applicable Law”).

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; undefined capitalized terms have the meanings assigned in the Lease.

“Affected Area” – Any portion of the Building in which a Bedbug is visually observed or reasonably suspected after professional inspection.

“Bedbug” – Cimex lectularius or any other arthropod generally recognized as a bedbug under Applicable Law.

“Certified Pest Control Operator” – A pest management professional duly licensed in Rhode Island and qualified to detect and treat Bedbug infestations.

“Contaminated Personal Property” – Mattresses, bedding, furniture, clothing, luggage, or other personal effects reasonably suspected to harbor Bedbugs.

“Inspection Date” – The date on which the Landlord or its agent performs an inspection under Section III.

“Notice” – A written notification that complies with the notice provisions of the Lease and Applicable Law.

“Treatment” – The application of industry-standard chemical, thermal, or other lawful measures by a Certified Pest Control Operator to eradicate Bedbugs.

III. OPERATIVE PROVISIONS

3.1 Mandatory Disclosure.
(a) Landlord Statement. Landlord hereby discloses that, to Landlord’s actual knowledge, the Premises [☐ has / ☐ has not] been treated for, or found to be free of, Bedbugs during the twelve (12) months immediately preceding the Effective Date.
(b) Prior Reports. Landlord attaches hereto as Exhibit A any professional inspection or treatment reports in its possession for such period. [// GUIDANCE: Omit Exhibit A if none exist.]

3.2 Pre-Occupancy Inspection & Certification.
(a) Landlord shall, not more than five (5) days before Tenant’s initial move-in, cause a Certified Pest Control Operator to inspect the Premises at Landlord’s sole cost.
(b) Landlord shall furnish Tenant a written certification of findings prior to occupancy.

3.3 Ongoing Inspection & Treatment Obligations.
(a) Landlord Obligations. Where Bedbugs are reported or suspected, Landlord shall:
(i) Retain a Certified Pest Control Operator within five (5) business days of receiving Notice;
(ii) Pay all reasonable costs of inspection and Treatment except as shifted to Tenant under § 3.4;
(iii) Provide Tenant at least forty-eight (48) hours’ advance Notice of entry for inspection or Treatment;
(iv) Re-inspect the Premises no later than fourteen (14) days after each Treatment.
(b) Tenant Cooperation. Tenant shall comply with all written preparation instructions, provide full access to the Premises, and remove or treat Contaminated Personal Property as directed.

3.4 Cost Allocation.
(a) Initial Thirty (30) Days. If an infestation is confirmed within the first thirty (30) days after Tenant’s occupancy and Tenant did not cause the infestation, Landlord bears all costs of inspection and Treatment.
(b) Tenant-Caused Infestation. Where a Certified Pest Control Operator reasonably determines that Tenant, Tenant’s guest, or Tenant’s personal property introduced Bedbugs, Tenant shall reimburse Landlord for:
(i) The pro-rata cost of inspection and Treatment of the Premises and any affected adjacent units; and
(ii) Reasonable costs to replace or repair Landlord-owned property damaged by the infestation.
(c) Failure to Cooperate. Tenant’s failure to comply with preparation or entry requirements constitutes a material breach, and Tenant shall be liable for resulting additional costs.

3.5 Contaminated Personal Property. Tenant shall not remove Contaminated Personal Property from the Premises unless properly sealed and treated to prevent spreading.

3.6 Conditions Precedent. Landlord’s obligation to commence Treatment is conditioned on Tenant’s timely cooperation under § 3.3(b).

IV. REPRESENTATIONS & WARRANTIES

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

4.2 Landlord Representations. Landlord represents that, except as disclosed in § 3.1(a) or Exhibit A, Landlord has no actual knowledge of any existing Bedbug infestation in the Premises.

4.3 Tenant Representations. Tenant represents that (a) Tenant has inspected, or had the opportunity to inspect, the Premises prior to occupancy; (b) Tenant has not observed evidence of Bedbugs; and (c) Tenant will not knowingly introduce Contaminated Personal Property.

4.4 Survival. All representations and warranties survive the termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) Deliver prompt Notice (within twenty-four (24) hours) of any suspected Bedbug activity;
(b) Comply with all preparation and re-entry schedules;
(c) Vacate temporarily if reasonably required for Treatment;
(d) Launder clothing and linens in accordance with professional instructions.

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) Introduce any used bedding, mattresses, or upholstered furniture without prior inspection;
(b) Self-apply over-the-counter pesticides that interfere with professional Treatment;
(c) Refuse reasonable entry to Landlord, its agents, or the Certified Pest Control Operator.

5.3 Landlord Covenants. Landlord shall maintain the Premises in a condition fit for human habitation, consistent with R.I. Gen. Laws § 34-18-22.1 and the implied warranty of habitability.

5.4 Notice & Cure. Except where a shorter period is mandated by Applicable Law, a party in default shall have three (3) business days after receiving Notice to commence a cure.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant’s failure to provide timely access or comply with preparation requirements;
(b) Tenant’s non-payment of reimbursable costs under § 3.4 within fifteen (15) days of invoice;
(c) Landlord’s failure to initiate inspection or Treatment as required under § 3.3(a).

6.2 Remedies.
(a) Landlord Remedies. Upon Tenant default, Landlord may:
(i) Treat amounts due as additional Rent;
(ii) Enter and perform preparations at Tenant’s cost;
(iii) Seek injunctive relief to compel compliance;
(iv) Exercise all remedies under the Lease and Applicable Law.
(b) Tenant Remedies. Upon Landlord default, Tenant may:
(i) Deliver Notice to Landlord and, if uncured, pursue habitability remedies under R.I. Gen. Laws § 34-18-30;
(ii) Seek injunctive relief for specific performance.
(c) Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, losses, and expenses arising out of Tenant’s breach of this Addendum or Tenant-caused infestation, except to the extent caused by Landlord’s negligence or willful misconduct.
(b) Landlord shall indemnify, defend, and hold harmless Tenant for claims arising from Landlord’s failure to comply with § 3.3(a) or Applicable Law.

7.2 Limitation of Liability. Except for (i) willful misconduct, (ii) bodily injury, or (iii) claims that cannot be limited under Applicable Law, each party’s liability is limited to actual, direct damages; consequential, punitive, or special damages are waived.

7.3 Insurance. Tenant is advised to obtain renter’s insurance covering personal property damage from Bedbugs; Landlord’s insurance typically excludes such coverage.

7.4 Force Majeure. Delays caused by events beyond a party’s reasonable control (including vendor shortages or regulatory delays) extend performance deadlines, provided the affected party gives Notice within three (3) business days of the event.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder are governed by the laws of the State of Rhode Island, without regard to conflict-of-laws principles.

8.2 Forum Selection. The parties consent to exclusive jurisdiction in the Housing Calendar of the Rhode Island District Court (or any successor housing court) for any action arising from or related to this Addendum.

8.3 Arbitration Excluded. The parties expressly waive any obligation to arbitrate disputes; rights to seek judicial remedies are preserved.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of any constitutional right to a trial by jury.

8.5 Injunctive Relief. Notwithstanding any other provision, either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond, to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification of this Addendum is effective unless in writing and signed by both parties. Waiver of any breach does not constitute waiver of any subsequent breach.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as allowed under Applicable Law.

9.3 Successors & Assigns. This Addendum binds and benefits the parties and their lawful heirs, successors, and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be interpreted to fulfill its intended economic purpose to the maximum extent permitted.

9.5 Integration. This Addendum, together with the Lease and any exhibits, constitutes the entire agreement regarding Bedbugs and supersedes all prior oral or written statements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) are binding.

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 lender or local ordinance.]

[// GUIDANCE: Attach any inspection certificates, treatment schedules, or tenant preparation checklists as Exhibits labeled alphabetically and cross-referenced in the body. Ensure all exhibits are delivered concurrently with this Addendum.]