Residential Lease Addenda - Mold Disclosure - Alabama

RESIDENTIAL LEASE MOLD DISCLOSURE ADDENDUM

(Alabama – Ala. Code Title 35, Chapter 9A)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Incorporation into Lease
   3.2 Landlord’s Mold Disclosure
   3.3 Tenant’s Acknowledgment of Receipt

4. Representations & Warranties

5. Covenants & Restrictions
   5.1 Landlord Preventive & Remediation Covenants
   5.2 Tenant Preventive Covenants

6. Default & Remedies

7. Risk Allocation
   7.1 Indemnification
   7.2 Limitation of Liability
   7.3 Insurance
   7.4 Force Majeure

8. Dispute Resolution

9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

ADDENDUM TITLE: Residential Lease Mold Disclosure Addendum (the “Addendum”)
PARTIES:

• “[LANDLORD LEGAL NAME],” a [STATE] [ENTITY TYPE] (“Landlord”)
• “[TENANT LEGAL NAME(S)],” individually and collectively (“Tenant”)
  PREMISES: [PROPERTY ADDRESS], [CITY], Alabama (“Premises”)
  UNDERLYING LEASE: Residential Lease Agreement dated [LEASE DATE] (the “Lease”)
  EFFECTIVE DATE: [EFFECTIVE DATE] (“Effective Date”)
  JURISDICTION: State of Alabama

Recitals
A. The parties entered into the Lease for the Premises.
B. Ala. Code § 35-9A-204 requires Landlord to keep the Premises habitable, subject to that section's conditions. Section 35-9A-301 requires Tenant to keep the occupied portion as clean and safe as its condition permits and to use the listed facilities reasonably. This Addendum sets out the parties' mold and moisture duties within those statutory limits.
C. The parties wish to supplement the Lease with the disclosures, covenants, and risk-allocation terms contained in this Addendum.

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

2. DEFINITIONS

"Applicable Law" – The applicable provisions of Alabama's residential landlord-tenant law and any applicable state or local health, building, or housing codes. EPA and CDC mold guidance may inform the parties' practices but is not included in this definition of law.

“Moisture Condition” – The presence of water intrusion, excess humidity, condensation, or plumbing leaks on or within the Premises that could reasonably support microbial growth.

“Mold” – Any visible microbial growth or musty odor indicating potential fungal contamination.

"Notice" – Written notice delivered under the Lease's valid notice provision and any applicable statutory requirement.

"Remediation" – Assessment and appropriate cleaning, removal, repair, or disposal to address the identified Mold or Moisture Condition, using methods appropriate to a residence and its actual condition.

Other capitalized terms not defined herein have the meanings given in the Lease.

3. OPERATIVE PROVISIONS

3.1 Incorporation into Lease

This Addendum is incorporated into and made part of the Lease. In the event of conflict, this Addendum controls solely with respect to mold, moisture, and indoor air quality matters.

3.2 Landlord’s Mold Disclosure

(a) Inspection Certification. Landlord certifies that Landlord or Landlord’s agent inspected accessible areas of the Premises on [INSPECTION DATE].
(b) Known Mold. Landlord [CHECK ONE]:
☐ discloses the presence of Mold, described in the attached Schedule 1 – Mold Location & Condition; OR
☐ has no knowledge of existing Mold or Moisture Conditions in the Premises.

3.3 Tenant’s Acknowledgment of Receipt

Tenant acknowledges receipt of:
(i) this Addendum;
(ii) any attached Schedule 1; and
(iii) the EPA pamphlet “A Brief Guide to Mold, Moisture, and Your Home.”
Tenant has been advised to review said materials before occupying the Premises.

4. REPRESENTATIONS & WARRANTIES

(a) Disclosure as of Signing. Landlord represents that, to Landlord’s actual knowledge and except as disclosed on Schedule 1, Landlord is unaware of visible Mold or Moisture Conditions in the Premises as of the Effective Date.
(b) Statutory Duties Preserved. This factual disclosure does not limit Landlord’s continuing duties under Ala. Code § 35-9A-204 or Tenant’s rights and remedies under Chapter 9A.

5. COVENANTS & RESTRICTIONS

5.1 Landlord Preventive & Remediation Covenants

(a) Habitability Compliance. Landlord shall maintain the Premises in a condition fit for human occupancy as required by Ala. Code § 35-9A-204.
(b) Response and Remediation. Upon receipt of Notice from Tenant of Mold or a Moisture Condition, Landlord shall promptly assess the reported condition and take the steps needed to meet Ala. Code § 35-9A-204. The parties set a contractual target of five (5) business days to inspect and, if needed, begin Remediation; that target does not delay any faster response required by the condition or law.
(c) Temporary Displacement. If Remediation makes the Premises uninhabitable, the parties may agree in writing on temporary accommodations or rent treatment. This clause does not restrict any remedy available to Tenant under Ala. Code § 35-9A-401.

5.2 Tenant Preventive Covenants

Tenant shall:

1. Operate HVAC, fans, and bathroom exhaust to maintain relative humidity below 60%;
2. Promptly report to Landlord any plumbing leaks, roof leaks, persistent condensation, or visible Mold after discovery;
3. Use reasonable housekeeping practices to keep surfaces free of moisture accumulation;
4. Refrain from obstructing vents or over-occupying the Premises; and
5. Take reasonable steps to dry spills or minor water intrusions within Tenant's control and report conditions requiring Landlord's attention.

These covenants do not shift Landlord's statutory repair duties or make a missed reporting target an automatic lease termination.

6. DEFAULT & REMEDIES

(a) Landlord Default. For material Landlord noncompliance or a breach of Ala. Code § 35-9A-204 materially affecting health and safety, Tenant may give written notice specifying the breach and a termination date at least fourteen (14) days after receipt if the breach is not remedied, subject to § 35-9A-401(a). Tenant may seek actual damages, reasonable attorney fees, and injunctive relief where § 35-9A-401(b) applies. Tenant may not withhold rent while in possession to enforce Chapter 9A rights, § 35-9A-164.

(b) Tenant Default. For material Tenant noncompliance, Landlord may give the written termination notice required by Ala. Code § 35-9A-421(a), generally specifying a termination date at least seven (7) business days after receipt and allowing cure where that section requires it. Eviction requires the statutory ground and court process. Landlord may recover actual damages and pursue other relief authorized by law; this Addendum does not make Tenant promise to pay Landlord’s attorney fees or collection costs. For a qualifying Tenant health-and-safety breach, § 35-9A-422 separately permits itemized, reasonable repair or cleaning charges after its notice and work requirements are satisfied.

(c) Any notice or cure period in this Addendum yields to a longer or otherwise applicable mandatory statutory period.

7. RISK ALLOCATION

7.1 Indemnification

Each Party remains responsible for harm to the extent imposed by law. This Addendum does not require Tenant to indemnify Landlord for Landlord liability arising under law or for related costs, and does not require Tenant to pay Landlord’s attorney fees or collection costs, as prohibited by Ala. Code § 35-9A-163(a).

7.2 Limitation of Liability

No contractual limitation applies to the extent it would waive or limit Landlord liability arising under law or a nonwaivable Tenant remedy in violation of Ala. Code § 35-9A-163.

7.3 Insurance

Tenant shall maintain renter’s insurance with not less than $[MINIMUM] in personal property and liability coverage. Landlord shall maintain property insurance covering the structure of the Premises.

7.4 Force Majeure

Any agreed performance target may be adjusted for events beyond a party's reasonable control if the affected party gives prompt Notice and resumes performance as soon as practicable. This clause does not extend a statutory notice, cure, or repair duty or limit a nonwaivable remedy.

8. DISPUTE RESOLUTION

(a) Governing Law. This Addendum and the Lease are governed by the laws of the State of Alabama, without regard to conflict-of-laws principles.
(b) Forum Selection. An eviction action shall be filed in the Alabama district or circuit court with jurisdiction in the county where the Premises are located under Ala. Code § 35-9A-461. Other claims shall be filed in a court with subject-matter jurisdiction and proper venue.
(c) Arbitration Excluded. The parties expressly opt out of arbitration.
(d) Injunctive Relief Preserved. Either party may seek injunctive relief to enforce habitability or Remediation obligations, notwithstanding any provision of the Lease to the contrary.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver is effective unless in a writing signed by both parties.

9.2 Assignment. Any assignment or sublease by Tenant remains subject to this Addendum. Tenant shall ensure any assignee or subtenant executes an assumption agreement.

9.3 Integration. This Addendum and the Lease constitute the entire agreement regarding mold, moisture, and indoor air quality.

9.4 Notices. Notices under this Addendum shall be given in the manner prescribed by the Lease and any applicable statutory requirement.

9.5 Severability. If any provision is held invalid, the remainder of this Addendum remains enforceable.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts. The parties may use electronic signatures if each agrees to conduct this transaction electronically under Ala. Code § 8-1A-5; an electronic signature is not denied legal effect solely because it is electronic under § 8-1A-7.

10. EXECUTION BLOCK

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

[OPTIONAL NOTARY ACKNOWLEDGMENT]
State of Alabama )
County of [COUNTY] )

On this ___ day of __________, 20__, before me, the undersigned Notary Public, personally appeared ____________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

__________________________________
Notary Public
My commission expires: _____________

Schedule 1 – Mold Location & Condition (attach if applicable)