BEDBUG DISCLOSURE ADDENDUM

(residential lease – Commonwealth of Virginia)

[// GUIDANCE: This Addendum should be attached to and incorporated into the parties’ underlying “Residential Lease Agreement” (the “Lease”). Verify that the Lease’s definition of “Premises” matches Section II.B below and adjust cross-references as needed.]

Document Header

This Bedbug Disclosure Addendum (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [STATE OF FORMATION] [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”), with reference to the following facts:

A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the residential real property commonly known as [PROPERTY ADDRESS] (the “Premises”).
B. Pursuant to the Virginia Residential Landlord and Tenant Act, Va. Code Ann. § 55.1-1200 et seq. (the “VRLTA”), both Landlord and Tenant owe statutory duties regarding the inspection, treatment, and prevention of bedbug infestations.
C. The parties desire to supplement the Lease to allocate responsibilities, disclosures, and remedies specific to bedbugs, all as set forth below and for good and valuable consideration, the receipt and sufficiency of which are acknowledged.

NOW, THEREFORE, the parties agree as follows:

Table of Contents

I. Definitions
II. Representations & Warranties (Landlord & Tenant)
III. Operative Provisions
 A. Disclosure & Initial Inspection
 B. Ongoing Notification Duty
 C. Inspection & Treatment Protocol
 D. Tenant Preparation & Cooperation
 E. Cost Allocation
 F. Re-Entry & Temporary Relocation
IV. Default & Remedies
V. Risk Allocation
VI. Dispute Resolution
VII. General Provisions
VIII. Execution Block

I. Definitions

For purposes of this Addendum, capitalized terms not otherwise defined have the meanings assigned in the Lease.

A. “Addendum” – This Bedbug Disclosure Addendum, including all schedules and exhibits, as amended in accordance herewith.
B. “Bed Bug” – Cimex lectularius and Cimex hemipterus at any life stage.
C. “Common Areas” – All areas of the Property outside the Premises subject to common use.
D. “Inspection” – A systematic visual and/or canine examination for the presence of Bed Bugs and related evidence.
E. “Professional Pest Control Operator” – A duly licensed pesticide business or applicator authorized to perform bedbug inspection and treatment in Virginia.
F. “Treatment Plan” – The written protocol issued by a Professional Pest Control Operator prescribing the scope, method, timeline, and follow-up actions for remediation of bedbugs.

II. Representations & Warranties

2.1 Landlord’s Representations.
(a) To Landlord’s actual knowledge, based on a commercially reasonable inspection conducted within thirty (30) days prior to the Effective Date, the Premises (i) are [check one] ☐ free / ☐ not free of Bed Bugs as of the Effective Date; and (ii) have ☐ / have not been treated for Bed Bugs within the preceding twelve (12) months.
(b) Landlord has disclosed to Tenant all available documentation of any previous Bed Bug Treatments in the Premises and Common Areas occurring within the preceding twenty-four (24) months.

2.2 Tenant’s Representations.
(a) Tenant has inspected the Premises prior to occupancy and ☐ has / ☐ has not observed any evidence of Bed Bugs.
(b) Tenant attests that: (i) all personal property to be brought into the Premises has been inspected and, to Tenant’s knowledge, is free of Bed Bugs; and (ii) within the past twelve (12) months, Tenant’s prior residence ☐ was / ☐ was not impacted by Bed Bugs.
(c) Tenant shall promptly supplement the foregoing disclosures if additional information becomes known prior to move-in.

[// GUIDANCE: Provide tenants with a separate “Bedbug Fact Sheet” if local ordinances require.]

III. Operative Provisions

A. Disclosure & Initial Inspection

3.1 Landlord shall provide Tenant access to the Premises at least twenty-four (24) hours before the Lease commencement for the limited purpose of a Bed Bug inspection.
3.2 If Bed Bugs are discovered during such inspection, either party may elect to terminate the Lease without penalty by written notice delivered within forty-eight (48) hours after discovery.

B. Ongoing Notification Duty

3.3 Tenant shall immediately, and in no event later than twenty-four (24) hours after discovery, provide written notice to Landlord of any:
 (i) live Bed Bugs, cast skins, fecal spots, or other credible evidence of Bed Bugs in the Premises; or
 (ii) bite marks or allergic reactions reasonably suspected to be caused by Bed Bugs.
3.4 Failure to provide timely notice constitutes a material breach of the Lease and this Addendum.

C. Inspection & Treatment Protocol

3.5 Upon receipt of notice under Section 3.3, Landlord shall, within five (5) business days, engage a Professional Pest Control Operator to perform an Inspection of:
 (a) the Premises; and
 (b) adjacent units if recommended by the Operator.
3.6 If Bed Bugs are confirmed, Landlord shall obtain a written Treatment Plan and commence Treatment within a commercially reasonable time, not to exceed ten (10) business days after confirmation, subject to Operator availability and Tenant cooperation.
3.7 Landlord may enter the Premises on reasonable advance notice (not less than twenty-four (24) hours unless impracticable) to perform Inspection or Treatment in accordance with the VRLTA and the Lease.

D. Tenant Preparation & Cooperation

3.8 Tenant shall fully comply with all instructions in the Treatment Plan, including but not limited to:
 (a) laundering or heat-treating fabrics;
 (b) encasing mattresses and box springs;
 (c) reducing clutter; and
 (d) vacating the Premises during Treatment, if required.
3.9 Tenant’s failure to cooperate is an event of default under Section IV and relieves Landlord of any obligation to re-treat until cooperation resumes.

E. Cost Allocation

3.10 Landlord shall bear the reasonable costs of Inspection and Treatment unless the Professional Pest Control Operator certifies in writing that the Bed Bug infestation was caused by Tenant’s act, omission, or negligence, including the introduction of infested personal property.
3.11 If Tenant is the cause, Tenant shall:
 (a) reimburse Landlord for all reasonable costs of Inspection and Treatment within ten (10) days after demand; and
 (b) be liable for all consequential damages proximately caused by such infestation, subject to Section V.2 (Liability Cap).

F. Re-Entry & Temporary Relocation

3.12 Landlord may temporarily relocate Tenant to a comparable unit (if available) during Treatment, at Landlord’s cost, unless Tenant is responsible for the infestation under Section 3.10.
3.13 Relocation shall not abate rent unless required by the VRLTA or other applicable law.

IV. Default & Remedies

4.1 Events of Default. In addition to any default under the Lease, the following constitute defaults under this Addendum:
 (a) Tenant’s failure to provide timely notice under Section 3.3;
 (b) Tenant’s non-cooperation under Section 3.8;
 (c) Tenant’s failure to reimburse costs when due under Section 3.11.

4.2 Cure Periods.
 (a) Monetary defaults: three (3) business days after written notice.
 (b) Non-monetary defaults: five (5) business days after written notice, or sooner if necessary to comply with a Treatment Plan.

4.3 Remedies. Upon an uncured default, Landlord may exercise any remedies available under the Lease or VRLTA, including but not limited to:
 (i) termination of the Lease;
 (ii) summary eviction;
 (iii) specific performance or injunctive relief to compel cooperation; and
 (iv) recovery of damages and attorneys’ fees as provided in Section 4.4.

4.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorneys’ fees and court costs, subject to statutory limitations.

V. Risk Allocation

5.1 Indemnification. Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its Affiliates from and against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to the Indemnifying Party’s breach of this Addendum or negligence in relation to Bed Bugs; provided, however, that indemnification shall not apply to the extent caused by the gross negligence or willful misconduct of the indemnified party.

5.2 Liability Cap. Except for (i) a party’s indemnification obligations, (ii) damages resulting from a party’s gross negligence or willful misconduct, or (iii) personal injury caused by a party’s breach of statutory duties, each party’s aggregate liability arising out of Bed Bugs shall not exceed the greater of (a) actual verifiable out-of-pocket damages, or (b) three (3) months’ Rent under the Lease. Consequential and punitive damages are disclaimed to the fullest extent permitted by law.

5.3 Insurance. Landlord and Tenant are each advised to maintain insurance covering Bed Bug–related losses to personal property or rental income, respectively.

5.4 Force Majeure. Delays in Inspection or Treatment attributable to events beyond the reasonable control of the responsible party (e.g., operator backlog, supply chain disruption) shall extend applicable deadlines on a day-for-day basis; provided that the party claiming force majeure gives prompt written notice and mitigates the delay.

VI. Dispute Resolution

6.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the substantive laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles.

6.2 Forum Selection. The parties submit to the exclusive jurisdiction of the [NAME OF COUNTY/CITY] General District Court and Circuit Court, Housing Division, or any successor “state_housing_court” having jurisdiction over the Premises.

6.3 Arbitration. The parties expressly exclude arbitration; all disputes shall be resolved in the courts specified in Section 6.2.

6.4 Jury Trial. Nothing in this Addendum shall be construed as a waiver of any constitutional right to a jury trial.

6.5 Injunctive Relief. The parties acknowledge that uncontrolled Bed Bug infestations may cause irreparable harm. Either party may seek injunctive relief or other equitable remedies to enforce this Addendum, in addition to any legal remedies.

VII. General Provisions

7.1 Integration. This Addendum, together with the Lease, constitutes the entire agreement of the parties regarding Bed Bugs and supersedes all prior or contemporaneous oral or written agreements on the subject.
7.2 Amendment. No amendment to this Addendum is effective unless in writing and signed by both parties.
7.3 Severability. If any provision is held invalid, the remainder shall be enforced to the maximum extent permitted by law, and the invalid provision shall be reformed to reflect the parties’ original intent to the fullest lawful extent.
7.4 Waiver. No waiver of any provision shall be effective unless in writing, nor operate as a waiver of any other provision or future breach.
7.5 Assignment. Tenant may not assign its rights or delegate its duties under this Addendum without Landlord’s prior written consent. Any prohibited assignment is void ab initio.
7.6 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, successors, permitted assigns, and legal representatives.
7.7 Electronic Signatures. Signatures transmitted by PDF, facsimile, or secure electronic signature platform shall be deemed originals and enforceable.
7.8 Counterparts. This Addendum may be executed in any number of counterparts, each of which is deemed an original, and all of which together constitute one instrument.

VIII. Execution Block

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

[Notary acknowledgment required? ☐ Yes / ☐ No If “Yes,” insert appropriate Virginia acknowledgment block.]

[// GUIDANCE:
1. Attach any “Bed Bug Information Sheet” mandated by local ordinance.
2. Update Section 5.2 cap or remove altogether if inconsistent with statutory damage schemes in subsidized housing.
3. For multifamily properties, consider adding a schedule allocating responsibilities for Common Areas.
4. Confirm that notice periods in Sections 3.5 and 4.2 align with any local overlay ordinances that may require shorter timeframes for treatment.]