MOLD DISCLOSURE AND REMEDIATION ADDENDUM
to Residential Lease Agreement – State of Arizona
[// GUIDANCE: This Addendum is intended for attachment to a standard Arizona residential lease. It is drafted to be fully integrated with, and enforceable under, the Arizona Residential Landlord and Tenant Act (“ARLTA”). Customize all bracketed placeholders, confirm statutory citations, and conform numbering to the underlying lease before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Mold Disclosure and Remediation Addendum (“Addendum”).
1.2 Parties.
(a) “Landlord”: [LANDLORD LEGAL NAME], a [ENTITY TYPE] organized under the laws of [STATE] with its principal address at [ADDRESS].
(b) “Tenant”: [TENANT LEGAL NAME(S)].
1.3 Premises. The real property and dwelling unit commonly known as [STREET ADDRESS, CITY, AZ ZIP] (the “Premises”).
1.4 Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
1.5 Consideration. Mutual promises and covenants contained herein and in the Lease constitute sufficient consideration.
1.6 Governing Law. This Addendum is governed by and shall be construed in accordance with the laws of the State of Arizona and the ARLTA, A.R.S. §§ 33-1301 et seq.
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below. Terms not defined herein have the meanings ascribed in the Lease.
“Actual Damages” means verifiable out-of-pocket costs incurred as a direct result of a breach, excluding consequential, incidental, special, or punitive damages.
“Condition Report” means the written report prepared by Landlord in accordance with Section 3.1(b) describing the mold condition of the Premises as of the Commencement Date.
“Hazardous Mold” means any mold growth, visible or hidden, that materially affects or is reasonably likely to materially affect the habitability of the Premises or the health or safety of occupants, as determined by generally accepted industry standards or applicable governmental guidelines.
“Notice of Mold Condition” has the meaning set forth in Section 3.3(a).
“Remediation” or “Remediate” means actions consistent with the Institute of Inspection Cleaning and Restoration Certification (“IICRC”) S520 standard or any successor standard, intended to remove Hazardous Mold and correct the underlying moisture source.
“Prevention Obligations” has the meaning set forth in Section 5.2.
3. OPERATIVE PROVISIONS
3.1 Disclosure Requirements.
(a) Statutory Disclosure. Pursuant to A.R.S. § 33-1324(A)(1), Landlord discloses that, to Landlord’s actual knowledge, no Hazardous Mold is present in the Premises as of the Effective Date except as expressly stated in subsection (b).
(b) Condition Report. Landlord shall provide Tenant, prior to occupancy, with a Condition Report identifying any known water intrusion, moisture accumulation, or mold-related condition. Tenant shall acknowledge receipt by initialing and dating the Condition Report.
(c) No Reliance. Tenant acknowledges that Landlord’s disclosure is based solely on Landlord’s knowledge and not on any independent inspection, unless otherwise stated in the Condition Report.
3.2 Allocation of Responsibilities.
(a) Landlord Obligations. Landlord shall:
(i) Deliver the Premises in compliance with A.R.S. § 33-1324, including being free of Hazardous Mold;
(ii) Remediate any Hazardous Mold condition not caused by Tenant or Tenant’s guests within the time frames set forth in Section 6.2; and
(iii) Maintain all building systems (e.g., plumbing, roofing, HVAC) in good repair to prevent moisture intrusion.
(b) Tenant Obligations. Tenant shall comply with the Prevention Obligations in Section 5.2 and promptly notify Landlord of any suspected mold condition.
3.3 Notice & Inspection.
(a) Notice of Mold Condition. Tenant shall deliver written notice (“Notice of Mold Condition”) within forty-eight (48) hours after discovering visible mold, persistent musty odors, water leaks, or condensation.
(b) Access for Inspection. Upon reasonable notice and in compliance with A.R.S. § 33-1343, Tenant shall provide Landlord or Landlord’s designated professionals access to inspect and sample the affected area.
(c) Interim Measures. Pending inspection and/or Remediation, Tenant shall cooperate in implementing reasonable interim measures (e.g., temporary relocation, use of dehumidifiers).
3.4 Habitability. Nothing in this Addendum shall be construed to waive or limit Tenant’s statutory remedies under ARLTA for materially affecting defects.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. Landlord represents and warrants that:
(a) To Landlord’s actual knowledge, except as disclosed in the Condition Report, the Premises contain no Hazardous Mold as of the Effective Date;
(b) Landlord has complied with all applicable building codes and has no pending citations related to moisture or mold; and
(c) Landlord possesses full authority to execute and perform this Addendum.
4.2 Tenant’s Representations. Tenant represents and warrants that:
(a) Tenant has inspected the Premises and is not aware of any conditions conducive to mold growth other than those identified in the Condition Report;
(b) Tenant will maintain the Premises in accordance with the Prevention Obligations; and
(c) Tenant has read and understood the EPA publication “A Brief Guide to Mold, Moisture, and Your Home” or equivalent information provided by Landlord.
4.3 Survival. The representations and warranties in this Section-4 survive the termination or expiration of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Landlord. Landlord shall:
(a) Keep the roof, exterior walls, windows, and foundations watertight;
(b) Provide HVAC filtration consistent with manufacturer recommendations; and
(c) Upon receiving a Notice of Mold Condition, commence Remediation in accordance with Section 6.2.
5.2 Prevention Obligations of Tenant (“Prevention Obligations”). Tenant shall:
(a) Use exhaust fans in bathrooms and kitchens;
(b) Maintain indoor temperatures above 60°F (16°C) and relative humidity below 60%;
(c) Promptly report plumbing leaks, roof leaks, or window condensation;
(d) Refrain from blocking HVAC vents or overloading closets with items preventing air circulation;
(e) Clean and dry any minor spills within twenty-four (24) hours; and
(f) Comply with any additional reasonable written mold prevention rules promulgated by Landlord.
5.3 Prohibited Conduct. Tenant shall not introduce large quantities of water (e.g., via aquariums exceeding [XX] gallons) without Landlord’s prior written consent or install unvented combustion appliances.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Landlord Default. Failure to commence and diligently pursue Remediation within five (5) business days after receipt of a Notice of Mold Condition not arising from Tenant’s breach.
(b) Tenant Default. Failure to comply with Prevention Obligations or refusal of reasonable access for inspection/remediation after forty-eight (48) hours’ notice.
6.2 Notice and Cure.
(a) Landlord shall have five (5) business days to commence, and thirty (30) days to substantially complete, Remediation, subject to force majeure.
(b) Tenant shall have three (3) business days to cure any prevention-related default after written notice.
6.3 Remedies.
(a) Landlord Remedies. Upon Tenant Default, Landlord may (i) perform the Prevention Obligations at Tenant’s expense, (ii) pursue damages, or (iii) terminate the Lease pursuant to ARLTA.
(b) Tenant Remedies. Upon Landlord Default, Tenant may (i) obtain injunctive relief compelling Remediation, (ii) pursue rent abatement proportionate to the loss of use, or (iii) exercise self-help under A.R.S. § 33-1364, subject to statutory limits.
(c) Attorney Fees. The prevailing party in any action arising under this Addendum shall be entitled to reasonable attorney fees and costs.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Landlord. Landlord shall indemnify, defend, and hold Tenant harmless from Actual Damages arising out of Hazardous Mold not caused or contributed to by Tenant’s breach of Prevention Obligations.
(b) Tenant. Tenant shall indemnify, defend, and hold Landlord harmless from Actual Damages arising out of Tenant’s breach of this Addendum or negligent acts or omissions.
(c) Comparative Fault. Indemnification obligations are proportionally reduced to the extent of the indemnitee’s negligence or willful misconduct.
7.2 Limitation of Liability. Except for claims based on gross negligence or willful misconduct, liability of either party under this Addendum is limited to Actual Damages. THE PARTIES WAIVE ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
7.3 Insurance. Each party shall maintain insurance customary for similarly situated landlords or tenants, as applicable, naming the other party as an additional insured where commercially reasonable.
7.4 Force Majeure. Delays in completing Remediation due to events beyond the reasonable control of the responsible party (e.g., natural disasters, governmental delays, labor strikes) shall extend applicable cure periods for the duration of the delay.
8. DISPUTE RESOLUTION
8.1 Governing Law. Arizona law governs all disputes arising from or related to this Addendum.
8.2 Forum Selection. The parties agree to exclusive jurisdiction and venue in the civil division or housing court (if established) of the Superior Court of Arizona in the county where the Premises are located.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.
8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond, to the extent permitted by law.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by the party to be charged.
9.2 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent, except as may be permitted under ARLTA. This Addendum binds all permitted assignees and subtenants.
9.3 Successors & Assigns. This Addendum is binding upon and inures to the benefit of the parties and their respective successors and assigns.
9.4 Severability. Any unenforceable provision shall be severed and the remainder enforced to the fullest extent permitted by law, with appropriate modification to effect the parties’ intent.
9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement with respect to mold disclosure and supersedes all prior or contemporaneous oral or written representations.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures delivered by electronic means (e.g., PDF, DocuSign) are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Mold Disclosure and Remediation Addendum as of the Effective Date.
Landlord:
[LANDLORD NAME], [TITLE, if entity]
Date: _________
Tenant(s):
1. _______
[TENANT NAME]
Date: _________
-
[TENANT NAME]
Date: _________
[// GUIDANCE: Consider notarization if required by lender, insurer, or local ordinance. Not customarily required under ARLTA but may enhance evidentiary value.]
END OF DOCUMENT