A bed bug addendum is a legal document added to a lease agreement that outlines the responsibilities and procedures related to bed bug infestations in rental properties. This disclosure specifies each party’s obligations in identifying, treating, and preventing bed bug issues.
For landlords, the addendum requires timely inspections, professional treatments, and proactive preventive measures to maintain compliance with state and local regulations. Tenants are obligated to adhere to the guidelines for reporting infestations, cooperating during inspections, and following prescribed treatment protocols.
Key Components of a Bed Bug Addendum
- Parties Involved
- Cooperation Clause
- Reporting Procedure
- Inspection Cooperation
- Treatment Preparation
- Landlord Response
- Notification Requirements
Bed Bug Laws and Required Disclosures by State
There are 28 states with laws or regulations concerning bed bugs, but landlords in Arizona, California, Maine, and New York City are required to disclose information about bed bugs. Additionally, certain cities like Chicago have their own specific requirements, so it’s best to consult local resources for bed bug assistance.
Arizona Bed Bug Disclosure
- Implied Warranty of Habitability: Under this legal principle, landlords must provide rental properties that are fit for human habitation. This includes ensuring the property is free from bed bugs and other pests.
- Enforcement: Failure to maintain a habitable property or address bed bug infestations could result in legal action by tenants under Ariz. Rev. Stat. § 33-1364, potentially leading to fines or other penalties for landlords.
- Obligations of the Parties: Landlords must provide educational materials to both new and existing tenants and refrain from leasing units known to be infested with bedbugs. Tenants must promptly notify the landlord in writing or electronically upon discovering a bedbug infestation in the unit (Ariz. Rev. Stat. § 33-1319).
California Bed Bug Disclosure
- Duty of Landlord: Landlords are prohibited from showing, renting, or leasing any vacant dwelling unit that they know has a current bed bug infestation (Cal. Civ. Code § 1954.602).
- Notice to Prospective Tenant: Landlords must provide written notice before creating a new tenancy for a dwelling unit, which includes general information about bed bugs, their appearance, life cycle, and signs of infestation (Cal. Civ. Code § 1954.603).
- Prohibition on Retaliation: State law prohibits landlords from retaliating against tenants who report bed bug infestations or request inspections under Cal. Civ. Code § 1942.5.
- Notification of Findings: After an inspection by a pest control operator, landlords must notify tenants of the findings within two business days in writing. All tenants must be informed of the pest control operator’s findings for confirmed infestations in common areas (Cal. Civ. Code § 1954.605).
Maine Bed Bug Disclosure
- Disclosure Upon Request: Landlords must disclose the last date the following units were inspected and found bed bug-free upon request from a tenant or prospective tenant (Me. Stat. tit. 14 § 6021-A).
- Landlord Duty: If a tenant provides written or oral notice of a potential bedbug infestation, the landlord must conduct an inspection of the unit within five days. If an infestation is confirmed, the landlord must contact a certified pest control agent within ten days for appropriate treatment measures.
- Enforcement and Penalties: A landlord who fails to fulfill their disclosure obligations can be subjected to a penalty of $250 or the actual damages incurred by the tenant (whichever is higher). Additionally, the tenant can recover reasonable attorney fees associated with the case.
- Maine Department of Agriculture, Conservation and Forestry (DACF): The DACF offers resources for tenants and landlords on bed bug identification and management tips.
New York City Bed Bug Disclosure
- Notice of Bed Bug Infestation History: Landlords must inform tenants of the building’s and the rental unit’s bed bug history for the past year (New York City Administrative Code § 27-2018.1).
- Disclosure at Lease Signing: Recent pests must be disclosed to tenants during lease signing. A notice should be posted at the building entrance.
- Tenant Reporting: Tenants can report landlords to 311 for non-compliance or suspected lies. Tenants have the right to transparency and informed decision-making regarding pest issues.
- Public Records: All bedbug reports are publicly available on the HPD Online platform. Tenants can check the HPD Online database to verify a building’s bedbug history.
Responsibilities of a Landlord
Familiarity with State Laws: Certain states have specific regulations regarding bed bug management. Landlords are advised to consult local and state bed bug laws to understand their responsibilities concerning infestations and ensure compliance.
Prevention Measures: Educate tenants on bed bug prevention methods and best practices for detection and control. Address and resolve potential sources or causes of infestations.
Communication and Notification: Inform tenants in advance about treatment schedules and required preparations. Keep your tenants informed about the progress and resolution of infestation treatments.
Inspection and Verification: Conduct inspections promptly upon receiving a report of suspected infestations. Verify and confirm these with proper documentation and coordinate with tenants for inspection access to the property.
Treatment and Resolution: Arrange and cover the cost of professional treatments when necessary. Provide tenants with information on treatment options and expected outcomes.
Bed Bug Addendum Form Sample
Download a bed bug addendum template below in PDF or Word format.
Frequently Asked Questions
What should I do if a tenant reports a bed bug infestation?
Upon receiving the bed bug report, promptly schedule an inspection to verify the infestation. Coordinate with a licensed pest control operator for treatment. Maintain open communication with the tenant regarding treatment plans and follow-up inspections to ensure the issue is resolved.
Who is responsible for paying for bed bug treatments?
In many jurisdictions, landlords are typically responsible for bed bug treatments. However, lease agreements and local laws can vary. Make sure to refer to the lease terms and state or city regulations to determine responsibility. In some cases, tenants may share the cost or be responsible if they are found to have caused the infestation.
What are my legal obligations regarding bed bug infestations?
Landlords are legally obligated to address bed bug infestations promptly and effectively. This includes inspections, licensed pest control operators, and information for tenants on prevention and treatment. Failure to comply can have legal consequences.
What are some important responsibilities tenants should have in a bed bug addendum to a lease agreement?
Responsible tenants in a bed bug addendum should maintain a clean unit, promptly report any signs of bed bugs, and allow access for inspections and treatments.