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Before leasing residential property, you will be required by state and local laws to make certain disclosures and meet certain standards. As a result, you may need to inform a prospective tenant about the presence and/or risk of bed bugs in the residence. What you need is a Bed Bug Addendum for a Residential Lease.
Bed bugs are small insects that feed on the blood of warm-blooded animals. Bed bugs pose a health hazard and are hard to remove once they have infested a building. To help prevent outbreaks and reduce your liability to new tenant(s), you should use this Bed Bug Addendum.
This addendum is a document incorporated into a residential lease that serves the purpose of (i) providing general information regarding bed bugs and bed bug prevention, (ii) accurately presenting the bed bug infestation history of the Property for the past 12 months, and (iii) informing the tenants of their obligations and responsibilities regarding bed bugs.
A landlord should use this addendum to:
Satisfy Disclosure Requirements – Different state and local laws prescribe different disclosure requirements for landlords. This addendum satisfies bed bug disclosure requirements, including, but not limited to:
Arizona requires the landlord to distribute bed bug educational info to the tenant.
Landlords in New York City may use this form to satisfy their requirement to provide the building’s 12-month bed bug infestation history.
Prevent a Costly Outbreak – By informing tenants about bed bugs and bed bug prevention, you may help avoid an expensive infestation of bed bugs in your building.
Reduce Liability – By signing the addendum, the tenant assumes some of the responsibility for preventing bed bugs and the landlord is defended against certain legal claims.
This addendum is fairly straightforward and includes:
Recitals – This section describes the who, where and when of the addendum.
The names of the landlord and tenant are given;
The date of the addendum is listed; and
The location of the rental property is identified.
Bed Bug Information – The next portion of the addendum gives general information about bed bugs and signs of infestation.
Landlord’s Disclosure – The landlord discloses the following facts to the Tenant:
The current infestation status of the Premises;
The infestation history of the Premises for the past year;
The current infestation status of other units on the Property (for Apartments/condos)
The infestation history of other units on the Property (for Apartments/condos)
Tenant’s Responsibilities – To minimize the risk of a bed bug infestation and minimize the liability of the landlord, guidelines are listed for the tenant to follow.
Expenses Related to Bed Bug Treatment - Refer to state and local laws before selecting which party will bear the costs of remedying a bed bug infestation. Some jurisdictions set which party will bear the cost of an infestation without the ability to shift the burden through an agreement.
Waiver – This addendum contains a waiver of the Tenant’s rights to sue the Landlord in the event of an infestation.
Incorporation – Once executed, this addendum is treated as though it was always a part of the original lease.
Signatures – Both the landlord and tenant(s) must sign the addendum to make it legally effective.
Our propriety form generator will assist you in creating your customized Bed Bug Addendum within minutes. Answering the questions is not complicated – you only fill in the requested information and we will put it together for you.
Once you complete the questionnaire and place your order, it will be available for immediate download in either PDF or Word document from your secure online account including a step-by-step guide on how to use your document.
Generally, a lease addendum does not need to be notarized – both parties only need to sign the document to make it legally enforceable. A witness may be helpful if the other party attempts to contest the document, but a notary is not necessary.
Please Note: The use of a notary ensures that no one challenges any signatures later and is a secure way to firmly establish the effectiveness of your document.