RESIDENTIAL LEASE ADDENDUM – MOLD DISCLOSURE & PREVENTION

(State of Alaska)

[// GUIDANCE: Attach this Addendum to, and incorporate it by reference into, the governing Residential Lease Agreement (“Lease”). Defined terms used but not defined herein shall have the meanings ascribed to them in the Lease.]

I. DOCUMENT HEADER

This Residential Lease Addendum – Mold Disclosure & Prevention (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [LANDLORD LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION], with its principal address at [ADDRESS] (“Landlord”); and
2. [TENANT LEGAL NAME], an individual residing at [CURRENT ADDRESS] (“Tenant,” and together with Landlord, each a “Party,” and collectively, the “Parties”).

WHEREAS, the Parties entered into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) concerning the residential premises commonly known as [PROPERTY ADDRESS] (the “Premises”); and

WHEREAS, Alaska’s Uniform Residential Landlord & Tenant Act (“URLTA”), Alaska Stat. § 34.03.010 et seq., imposes mutual obligations on the Parties to maintain the Premises in a fit and habitable condition, including obligations related to indoor air quality and mold; and

WHEREAS, the Parties desire to set forth additional terms and conditions regarding the disclosure, prevention, remediation, and allocation of responsibility for mold in or about the Premises;

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below:

1. “Addendum” has the meaning set forth in the preamble.
2. “Applicable Law” means collectively:
   a. Alaska Stat. § 34.03.010 et seq.;
   b. All building, housing, health, safety, and environmental codes, rules, guidance, and regulations promulgated by the State of Alaska, the Alaska Department of Environmental Conservation (“ADEC”), and the local municipality having jurisdiction; and
   c. Any successor statutes or regulations thereto.
3. “Condition” means visible or reasonably detectable mold growth, excessive moisture, or water intrusion likely to promote mold amplification within the Premises.
4. “Mold” means any genus of microscopic fungi that can grow in the indoor environment and may produce spores, toxins, allergens, or irritants.
5. “Notice” means written notice given in accordance with Section IX.2 of this Addendum.
6. “Professional Remediation” means mold assessment and removal conducted by a firm or individual duly licensed or certified by ADEC, or holding equivalent certification (e.g., IICRC AMRT or higher).
7. “Remediation Plan” has the meaning set forth in Section III.4.
8. “Tenant-Caused Condition” means a Condition resulting from Tenant’s act, omission, negligence, misuse, or failure to comply with this Addendum or Section 34.03.120, Alaska Stat.

III. OPERATIVE PROVISIONS

1. Mold Disclosure.
   a. Landlord hereby discloses that, as of the Effective Date, Landlord [CHECK ONE]:
   ☐ is aware of the following existing or past Condition(s): [DESCRIBE OR “NONE”].
   ☐ has no actual knowledge of any existing or past Condition.
   b. Landlord represents that any Condition known to Landlord prior to the Effective Date has been remediated in accordance with Applicable Law.

2. Landlord’s Ongoing Obligations.
   a. Habitability. Landlord shall maintain the Premises in compliance with Alaska Stat. § 34.03.100 and Applicable Law, including: (i) keeping the structural elements weathertight; (ii) maintaining plumbing, heating, and ventilation systems in good repair; and (iii) promptly addressing water intrusion and excess moisture.
   b. Inspection. Upon reasonable advance Notice to Tenant (except in emergencies), Landlord may enter the Premises to inspect for Conditions.
   c. Remediation of Non–Tenant-Caused Condition. If Landlord becomes aware of a Condition not caused by Tenant, Landlord shall, within a commercially reasonable period, commence Professional Remediation at Landlord’s sole cost.

3. Tenant’s Ongoing Obligations.
   a. Duty of Care. Tenant shall comply with Alaska Stat. § 34.03.120 and shall:
   i. use reasonable efforts to maintain the Premises in a clean and dry condition;
   ii. promptly remove visible moisture and clean small amounts of surface mold using household cleaners;
   iii. operate ventilation fans, dehumidifiers, and heating systems as intended;
   iv. not block or disable HVAC vents; and
   v. store personal property so as to permit air circulation.
   b. Tenant Notification Duty. Tenant shall provide Landlord with Notice within forty-eight (48) hours of discovering: (i) any water leak, overflow, or flooding; (ii) visible mold growth; or (iii) any Condition reasonably likely to give rise to mold.

4. Response and Remediation Procedure.
   a. Within seventy-two (72) hours after receiving Tenant’s Notice, Landlord shall acknowledge receipt and advise whether initial inspection indicates a Condition warranting Professional Remediation.
   b. If Professional Remediation is required, Landlord shall prepare or cause to be prepared a written remediation work plan (the “Remediation Plan”) detailing scope, timeline, and protective measures.
   c. Tenant shall grant access as reasonably necessary to implement the Remediation Plan and shall cooperate with temporary relocation if required (Landlord to bear relocation costs only for non–Tenant-Caused Conditions).

5. Failure to Comply.
   a. Tenant Default. Failure by Tenant to timely notify Landlord of a Condition or to comply with Section III.3 may constitute a material default under the Lease, subject to Landlord’s rights and remedies therein and hereunder.
   b. Landlord Default. Failure by Landlord to comply with Section III.2 or III.4 may constitute a material default, permitting Tenant to pursue remedies under Alaska Stat. § 34.03.160, including injunctive relief, actual damages, or termination after proper notice and opportunity to cure.

IV. REPRESENTATIONS & WARRANTIES

1. Mutual Authority. Each Party represents that it has full power and authority to execute and perform this Addendum.
2. No Reliance. Tenant acknowledges that, except as expressly set forth in Section III.1, Landlord has made no other representations regarding mold, indoor air quality, or the history of the Premises.
3. Survival. The representations and warranties in this Addendum shall survive termination or expiration of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

1. Compliance Covenant. Each Party covenants to comply with Applicable Law at all times during the Lease Term.
2. Prohibited Conduct. Tenant shall not introduce water-filled furniture or appliances (aquariums ≥ 10 gallons, portable washing machines, etc.) without Landlord’s prior written consent.
3. Monitoring Devices. Landlord may, at its expense, install non-intrusive moisture or humidity sensors, provided such devices do not record audio or video.

VI. DEFAULT & REMEDIES

1. Events of Default. An “Event of Default” occurs if a Party materially breaches this Addendum and fails to cure within the applicable cure period:
   a. Tenant – seven (7) days after Notice;
   b. Landlord – ten (10) days after Notice, or sooner if required to prevent an imminent threat to health or safety.
2. Remedies. Upon an Event of Default, the non-defaulting Party may:
   a. seek injunctive relief to compel compliance;
   b. recover actual damages, including reasonable attorneys’ fees and costs;
   c. exercise rights under the Lease and Applicable Law.
3. Habitability Preservation. Nothing herein limits Tenant’s right to seek judicial relief for breach of the warranty of habitability.

VII. RISK ALLOCATION

1. Indemnification.
   a. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, losses, or damages (including reasonable attorneys’ fees) arising out of a Tenant-Caused Condition.
   b. Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, or damages (including reasonable attorneys’ fees) arising out of any Condition not caused by Tenant.
2. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; PROVIDED, HOWEVER, THAT EACH PARTY SHALL REMAIN LIABLE FOR ACTUAL DAMAGES PROXIMATELY CAUSED BY ITS BREACH OR NEGLIGENCE.

3. Insurance.
   a. Landlord Insurance. Landlord shall maintain property insurance covering the building and general liability insurance in commercially reasonable amounts.
   b. Tenant Insurance. Tenant is strongly encouraged, but not required, to obtain renter’s insurance covering personal property and loss of use.

4. Force Majeure. Neither Party shall be liable for delays or failure to perform caused by events beyond its reasonable control (excluding financial inability), provided timely Notice is given and reasonable efforts to mitigate are undertaken.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Addendum shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to conflict-of-laws principles.
2. Forum Selection. Any action arising out of or related to this Addendum shall be filed exclusively in the Alaska state housing court or the district/superior court having jurisdiction over the location of the Premises.
3. Arbitration Excluded. The Parties expressly agree that arbitration shall not apply; judicial forums identified above shall decide all disputes.
4. Jury Trial Preservation. EACH PARTY RETAINS ITS CONSTITUTIONAL RIGHT TO TRIAL BY JURY.
5. Injunctive Relief. Either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or prevent irreparable harm.

IX. GENERAL PROVISIONS

1. Amendment and Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless in writing and signed by both Parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.
2. Notices. All Notices required or permitted under this Addendum shall be delivered in the manner prescribed in the Lease, with simultaneous electronic copy to the email addresses listed below:
   Landlord Email: [LANDLORD EMAIL]
   Tenant Email: [TENANT EMAIL]
3. Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent.
4. Successors and Assigns. This Addendum shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns.
5. Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to achieve the original intent.
6. Integration. This Addendum, together with the Lease and any other written addenda, constitutes the complete and exclusive agreement of the Parties with respect to mold and supersedes all prior or contemporaneous oral or written understandings.
7. Counterparts; Electronic Signature. This Addendum may be executed in counterparts (including by electronic signature), each of which shall be deemed an original and all of which together shall constitute one instrument.

X. EXECUTION BLOCK

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

[NOTARY ACKNOWLEDGMENT IF REQUIRED UNDER LOCAL LAW]

[// GUIDANCE:
1. Review local municipal codes for any additional mold or indoor air quality disclosure requirements beyond state law.
2. If the Premises is located in a jurisdiction that mandates specific disclosure language, insert that language verbatim in Section III.1.
3. Verify insurance provisions align with the primary Lease.
4. Update cure periods if the Lease specifies different notice or cure requirements to avoid conflict.
5. Attach any inspection reports or remediation certificates as schedules if referenced in Section III.1.]