Residential Lease Addenda - Mold Disclosure

MOLD DISCLOSURE & PREVENTION ADDENDUM

To Residential Lease Agreement – State of Arkansas

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Mold Disclosure Statement
   3.2 Landlord Representations & Warranties
   3.3 Tenant Acknowledgements

4. Covenants & Restrictions
   4.1 Landlord Covenants (Prevention & Remediation)
   4.2 Tenant Covenants (Prevention & Reporting)

5. Default, Notice & Remedies

6. Risk Allocation
7. Dispute Resolution
8. General Provisions
9. Execution Block

1. DOCUMENT HEADER

Addendum Title: Mold Disclosure & Prevention Addendum (“Addendum”)
Effective Date: [EFFECTIVE DATE]
Landlord: [LANDLORD LEGAL NAME], (“Landlord”)
Tenant: [TENANT LEGAL NAME(S)], (“Tenant”)
Premises: [STREET ADDRESS, UNIT, CITY, AR ZIP] (“Premises”)

Recitals
A. Landlord and Tenant entered into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
B. Arkansas law (Ark. Code Ann. §§ 18-17-101 et seq.) obligates landlords to deliver habitable premises and to maintain safe, sanitary living conditions.
C. The parties desire to supplement the Lease with additional terms governing mold disclosure, prevention, and remediation.

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

2. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings below. Any capitalized term not defined herein has the meaning assigned in the Lease.

“Addendum” – This Mold Disclosure & Prevention Addendum together with all exhibits and schedules hereto.

“Excess Moisture” – The presence of water, humidity, or condensation on building materials or personal property in quantities sufficient to support mold growth.

“Mold” – Microscopic fungi, including mildew and all related spores, which can grow on organic materials when moisture is present.

“Mold Remediation” – Actions consistent with the IICRC S520 or EPA guidelines to identify, contain, remove, and prevent Mold growth.

“Notice” – Written notice delivered in accordance with the Lease; email is permissible if designated by the receiving party.

3. OPERATIVE PROVISIONS

3.1 Mold Disclosure Statement

Landlord provides and Tenant acknowledges receipt of Exhibit A – Mold Disclosure Statement, describing:
a. The results of Landlord’s visual inspection of the Premises conducted on [INSPECTION DATE];
b. Any known history of water intrusion or Mold within the past five (5) years; and
c. Any remediation work performed or scheduled as of the Effective Date.

3.2 Landlord Representations & Warranties

a. Landlord represents that, to Landlord’s actual knowledge, the Premises are delivered free of visible Mold except as disclosed in Exhibit A.
b. Landlord warrants that all building systems (roof, plumbing, HVAC) are in good repair as of the Effective Date, and no outstanding code violations related to moisture or Mold exist.
c. These representations survive for ninety (90) days after Commencement, unless Tenant provides contrary Notice within that period.

3.3 Tenant Acknowledgements

Tenant acknowledges and agrees that:
i. Mold can be present in residential dwellings and may pose health risks;
ii. Proper housekeeping and prompt reporting of water issues are essential to prevent Mold growth;
iii. Tenant has inspected the Premises, found it materially free of visible Mold, and accepts its current condition subject to Landlord’s disclosure.

4. COVENANTS & RESTRICTIONS

4.1 Landlord Covenants (Prevention & Remediation)

1. Habitability. Landlord shall maintain the Premises in a condition fit for habitation and compliant with Ark. Code Ann. §§ 18-17-301 et seq.

2. Inspection & Response. Upon receipt of Tenant’s Notice of suspected Mold or Excess Moisture, Landlord shall:
   a. Acknowledge receipt within twenty-four (24) hours;
   b. Inspect the affected area within seventy-two (72) hours; and
   c. Commence Mold Remediation within five (5) business days if inspection confirms Mold.

3. Remediation Standards. Landlord shall employ properly trained personnel and follow industry standards (IICRC S520 or EPA guidelines).

4. Temporary Relocation. If required for safe remediation, Landlord may, at Landlord’s sole cost, relocate Tenant to comparable accommodations; Rent shall abate during such period.

4.2 Tenant Covenants (Prevention & Reporting)

Tenant shall:
a. Maintain the Premises in a clean, sanitary manner;
b. Use exhaust fans or open windows when bathing, cooking, or laundering;
c. Keep HVAC filters clean and replace at intervals not exceeding ninety (90) days;
d. Promptly (within 24 hours) provide Notice to Landlord of any water leak, flooding, condensation, or suspected Mold;
e. Refrain from tampering with ventilation or disabling exhaust fans;
f. Be liable for remediation costs attributable to Tenant’s negligence or willful misconduct.

5. DEFAULT, NOTICE & REMEDIES

5.1 Events of Default
a. Tenant Default. Failure to comply with Section 4.2 after written Notice and a five (5) day cure period.
b. Landlord Default. Failure to commence remediation within the timeframes set forth in Section 4.1 after written Notice and a ten (10) day cure period.

5.2 Remedies
a. Tenant Remedies. If Landlord defaults, Tenant may pursue habitability remedies under Ark. Code Ann. § 18-17-401, including injunctive relief or termination.
b. Landlord Remedies. If Tenant defaults, Landlord may perform necessary remediation, and Tenant shall reimburse Landlord for actual, reasonable costs as Additional Rent, plus interest at the lesser of 10% per annum or the maximum rate permitted by law.

5.3 Attorney Fees. The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and costs.

6. RISK ALLOCATION

6.1 Indemnification
a. Tenant indemnifies, defends, and holds Landlord harmless from all claims, damages, and expenses arising from Mold conditions caused by Tenant’s violation of Section 4.2.
b. Landlord indemnifies Tenant for bodily injury or property damage proximately caused by Landlord’s breach of Section 4.1.

6.2 Limitation of Liability
Except for personal injury or property damage resulting from gross negligence or willful misconduct, neither party shall be liable for any consequential, punitive, or speculative damages; liability is limited to actual, direct damages.

6.3 Insurance
Tenant is advised to obtain renter’s insurance covering Mold-related losses; Landlord carries property insurance but disclaims responsibility for Tenant’s personal property except as mandated by law.

6.4 Force Majeure
Neither party shall be liable for delay caused by events beyond its reasonable control (e.g., natural disasters) provided timely Notice is given and diligent efforts to mitigate continue.

7. DISPUTE RESOLUTION

7.1 Governing Law. This Addendum and any dispute hereunder are governed by the residential landlord-tenant laws of the State of Arkansas, without regard to conflicts-of-law principles.

7.2 Forum Selection. Exclusive venue shall lie in the [COUNTY NAME] Housing Court or other court of competent jurisdiction within the State of Arkansas.

7.3 Arbitration. The parties expressly waive arbitration; all disputes shall be resolved in court.

7.4 Jury Trial. Nothing herein shall constitute a waiver of either party’s constitutional right to trial by jury.

7.5 Injunctive Relief. Either party may seek emergency and/or preliminary injunctive relief to protect habitability or prevent irreparable harm due to Mold growth.

8. GENERAL PROVISIONS

8.1 Amendment & Waiver. No modification of this Addendum is effective unless in a writing signed by both parties. Failure to enforce is not a waiver.

8.2 Assignment. Tenant shall not assign the Lease or this Addendum without Landlord’s prior written consent.

8.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, successors, and permitted assigns.

8.4 Severability. If any provision is held unenforceable, the remainder shall be enforced to the fullest extent permissible.

8.5 Integration. This Addendum, together with the Lease, constitutes the entire agreement regarding Mold and supersedes all prior oral or written communications.

8.6 Counterparts & Electronic Signatures. This Addendum may be executed in counterparts and electronic signatures are deemed originals.

9. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT

EXHIBIT A – MOLD DISCLOSURE STATEMENT

1. Inspection Date: [DATE]
2. Visual Findings: [DESCRIBE OR “No Mold Observed”]
3. Water Intrusion History (past 5 years): [DETAILS / NONE]
4. Prior Remediation Performed: [DETAILS / NONE]
5. Additional Comments: [___]