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 & 35-9A-301 impose duties on landlords and tenants to maintain premises in a habitable condition, which includes prevention and remediation of mold and excess moisture.
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” – Collectively, (i) the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code §§ 35-9A-101 et seq.; (ii) any applicable state or local health, building, or housing codes; and (iii) any EPA or CDC guidance regarding mold and indoor air quality in effect on the Effective Date.

“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 in accordance with Section 9.4 of the Lease.

“Remediation” – Assessment, cleaning, removal, and disposal of mold in accordance with EPA “Mold Remediation in Schools and Commercial Buildings” guidelines (EPA Publication 402-K-01-001) or any successor guidance.

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) Landlord Limited Warranty. Landlord represents that, to Landlord’s actual knowledge and except as disclosed on Schedule 1, the Premises are free of visible Mold and Moisture Conditions as of the Effective Date. This limited warranty survives for thirty (30) days after Tenant’s first occupancy.
(b) No Implied Warranty Beyond Actual Knowledge. Landlord makes no other express or implied warranties regarding mold or air quality.
(c) Tenant Reliance. Tenant represents that Tenant is not relying on any statement or representation not expressly contained in the Lease or this Addendum.

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) Remediation Obligation. Upon receipt of Notice from Tenant of Mold or a Moisture Condition, Landlord shall, within five (5) business days, inspect and, if necessary, commence Remediation.
(c) Relocation. If Remediation renders the Premises uninhabitable for >48 consecutive hours, Landlord may, at Landlord’s option, (i) provide comparable temporary accommodations at Landlord’s cost, or (ii) prorate rent for the period of non-occupancy.

5.2 Tenant Preventive Covenants

Tenant shall:

1. Operate HVAC, fans, and bathroom exhaust to maintain relative humidity below 60%;
2. Promptly (within 24 hours) report to Landlord any plumbing leaks, roof leaks, condensation, or visible Mold;
3. Use reasonable housekeeping practices to keep surfaces free of moisture accumulation;
4. Refrain from obstructing vents or over-occupying the Premises; and
5. Properly dry any spills or minor water intrusions within 24 hours.

Failure to perform these covenants constitutes a default under Section 6.1(b).

6. DEFAULT & REMEDIES

(a) Landlord Default. Failure to perform Section 5.1 constitutes an event of default. Tenant’s remedies:

1. Rent abatement proportional to the affected portion of the Premises;
2. Termination of the Lease upon ten (10) days’ Notice if Landlord fails to commence Remediation;
3. Injunctive relief compelling habitability compliance; and
4. Recovery of actual damages and reasonable attorneys’ fees.

(b) Tenant Default. Failure to comply with Section 5.2 or obstruct Remediation is a material default. Landlord’s remedies:

1. Ten (10) days’ Notice to cure;
2. If uncured, eviction pursuant to Ala. Code § 35-9A-421;
3. Recovery of actual damages, reasonable attorneys’ fees, and cleaning costs.

(c) All notices and cure periods herein supersede, but do not shorten, any mandatory statutory notice periods.

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

Performance deadlines are extended for events beyond the performing party’s reasonable control (excluding financial inability), provided that the affected party gives prompt Notice and resumes performance as soon as practicable.

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.

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 multiple counterparts and via electronic signature, each deemed an original.

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)