Residential Lease Addenda - Mold Disclosure - Alaska

MOLD, MOISTURE, AND WATER-INTRUSION ADDENDUM

Alaska Residential Lease

1. Document Profile

This Addendum supplements the residential lease identified above. It records known conditions and establishes practical procedures for reporting and responding to suspected mold, persistent moisture, and water intrusion.

The cited Alaska Uniform Residential Landlord and Tenant Act provisions impose general landlord and tenant duties; they do not establish the old form's automatic 48-hour tenant deadline, 72-hour landlord deadline, professional-remediation mandate, or predetermined relocation rule. Any optional response target selected below is contractual and does not replace a statutory notice or remedy.

2. Condition Disclosure and Move-In Record

2.1 Landlord's Current Actual Knowledge

Check one and describe all known conditions accurately:

☐ Landlord has no current actual knowledge of visible suspected mold, unresolved water intrusion, or persistent indoor dampness at the Premises, except as stated below.

☐ Landlord discloses the following current or prior condition, inspection, repair, drying, cleaning, or treatment:

[DATES, LOCATIONS, OBSERVATIONS, KNOWN OR SUSPECTED CAUSE, WORK PERFORMED, AND CURRENT STATUS]

Relevant nonprivileged reports or work records supplied to Tenant: [LIST / NONE].

This knowledge statement is not a representation about a concealed condition and does not determine the identity, toxicity, source, or health effect of a substance.

2.2 Tenant's Move-In Observations

Tenant may record visible staining or suspected growth, persistent dampness or condensation, unusual odor, plumbing or appliance leaks, roof or window leaks, or damaged materials:

[OBSERVATIONS / NONE OBSERVED]

Photographs or other records attached: ☐ Yes ☐ No

This Addendum may accompany a premises condition statement under AS 34.03.020(e), but it does not replace a broader statement or contents inventory required by the Lease.

Signing this Addendum does not waive a later claim, admit causation, or establish that an observed substance is hazardous mold.

3. Reporting and Response

3.1 Tenant Report

Tenant shall notify Landlord in writing promptly after discovering suspected mold, persistent moisture, standing water, or water intrusion. The report should include:

• the location and date discovered;
• a description and available photographs;
• any known active leak or urgent safety concern;
• steps already taken to limit further water damage; and
• a reasonable method and time for access.

Report sent on: [__/__/____] by [METHOD] to [RECIPIENT].

The parties may select these coordination goals:

These targets are not Alaska statutory mold deadlines. Missing a target does not by itself establish liability, rent abatement, relocation, termination, or default.

3.2 Assessment and Work Record

Landlord shall assess a credible report and perform the duties imposed by AS 34.03.100 and the Lease. The response may include inspection, stopping a moisture source, drying, cleaning, removal of damaged material, repair, or further evaluation appropriate to the facts.

No party shall disturb suspected hazardous material or perform work beyond that person's training.

3.3 Access

Under AS 34.03.140(a), Tenant may not unreasonably withhold consent to entry for inspection or necessary or agreed repairs. Except in an emergency or when impracticable, subsection (c) requires at least 24 hours' notice, entry at reasonable times, and Tenant's consent.

4. Continuing Responsibilities

4.1 Landlord

Landlord shall comply with AS 34.03.100 and the Lease, including making repairs needed to put and keep the Premises fit and habitable and maintaining landlord-supplied plumbing, heating, ventilation, air-conditioning, and other covered facilities in good and safe working order.

4.2 Tenant

Consistent with AS 34.03.120(a), Tenant shall:

• keep the occupied portion of the Premises as clean and safe as its condition permits;
• use plumbing, heating, ventilation, air-conditioning, and other supplied facilities reasonably;
• avoid deliberately or negligently damaging or impairing the Premises;
• promptly clean spills and take reasonable steps to limit avoidable indoor moisture;
• use provided exhaust and ventilation equipment as intended; and
• cooperate with lawful access and reasonable written work instructions.

4.3 Causation and Costs

The parties shall determine responsibility from the facts, the Lease, AS 34.03.100, AS 34.03.120, and other applicable law. This Addendum creates no automatic presumption that a moisture or mold condition was caused by either party and does not automatically characterize a disputed cost as rent.

4.4 Health Concerns

This Addendum does not diagnose illness or determine mold species, toxicity, or medical causation. A person with health concerns should consult an appropriate health professional. An urgent threat to life or safety should be addressed through appropriate emergency services.

5. Statutory Notice and Remedy Profiles

5.1 Claimed Landlord Noncompliance

AS 34.03.160(a) applies when landlord noncompliance with the rental agreement is material or noncompliance with AS 34.03.100 materially affects health and safety. Its ordinary termination route requires a written notice identifying the acts or omissions and stating a termination date at least 20 days after receipt if the breach is not remedied in 10 days. The statute contains additional conditions, including causation and recurring-breach provisions, that must be reviewed before use.

Under AS 34.03.160(b), and subject to the chapter, a tenant may recover damages and obtain injunctive relief for the noncompliance identified in that subsection. This Addendum does not make those remedies automatic.

5.2 Claimed Tenant Noncompliance

AS 34.03.220(a)(2) applies when tenant noncompliance with the rental agreement is material or noncompliance with AS 34.03.120 materially affects health and safety, subject to the statute's exclusions. Its ordinary route uses a written notice to quit identifying the acts or omissions and a termination date not less than 10 days after service. If the breach is remediable and Tenant adequately remedies it before the stated date, the rental agreement does not terminate under that route.

Under AS 34.03.220(c), and subject to the chapter, a landlord may recover actual damages and obtain injunctive relief for noncompliance identified in that subsection. This Addendum does not make a reported condition an automatic material default.

5.3 Fees and Prohibited Terms

AS 34.03.350 governs attorney fees in a proceeding arising from Chapter 34.03 or a rental agreement. This Addendum does not promise full reimbursement or predetermine who will prevail.

AS 34.03.040 bars rental terms that waive Chapter 34.03 rights or remedies, exculpate or limit liability arising under law, require one party to indemnify the other for that liability or connected costs, or require the tenant to pay the landlord's attorney fees. This Addendum contains no such waiver, indemnity, or liability cap.

6. General Provisions

6.1 Relationship to Lease and Law

This Addendum is incorporated into the Lease. Applicable law controls over any conflicting term. Except for the factual disclosures and lawful coordination terms stated here, the Lease remains unchanged.

6.2 No Government Approval or Clearance

This is a private lease addendum. It is not a government form, environmental clearance, health certification, or warranty that the Premises is mold-free.

6.3 Written Changes; Severability

Any change to this Addendum must be in a writing signed by Landlord and Tenant. If a provision is unenforceable, the remaining provisions continue only to the extent they can operate consistently with law.

6.4 Attachments and Copies

Attachments: [CONDITION STATEMENT / PHOTOGRAPHS / REPORTS / WORK RECORDS / OTHER]

Each party acknowledges receipt of a completed copy of this signed Addendum and its listed attachments.

7. Signatures

Additional Tenant: ______________________________ Date: [__/__/____]

Official Source

• Alaska Legislature — current AS 34.03.010-.380 print compilation