MOLD DISCLOSURE AND PREVENTION ADDENDUM

to Residential Lease Agreement

(State of California)

[// GUIDANCE: Attach this Addendum to, and incorporate it by reference into, the underlying Residential Lease Agreement (“Lease”). All capitalized terms not defined herein have the meanings assigned in the Lease.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Addendum Title. Mold Disclosure and Prevention Addendum (“Addendum”).

1.2 Parties.
a. “[LANDLORD NAME]”, a [California limited liability company / individual / other] (“Landlord”); and
b. “[TENANT NAME(S)]” (collectively, “Tenant”).

1.3 Premises. The residential dwelling located at [PREMISES ADDRESS] (the “Premises”), as further described in the Lease dated [LEASE DATE].

1.4 Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (“Effective Date”).

1.5 Purpose. Pursuant to California Health & Safety Code §§ 26100–26156 (Toxic Mold Protection Act of 2001) and Cal. Civ. Code § 1941.1, the parties desire to:
i. disclose any known mold conditions;
ii. allocate responsibilities for mold prevention, notification, and remediation; and
iii. supplement the Lease’s habitability and maintenance provisions.

1.6 Incorporation. This Addendum is hereby made part of the Lease; in the event of conflict, the more stringent habitability provision governs.

2. DEFINITIONS

For purposes of this Addendum, the following terms have the indicated meanings:

“Actual Damages” – Direct, out-of-pocket losses proven with reasonable certainty, excluding incidental, consequential, punitive, exemplary, or special damages.

“Authorized Remediator” – A duly licensed contractor or mold remediation professional meeting the standards set forth in Cal. Bus. & Prof. Code § 7000 et seq. and any applicable local ordinances.

“Elevated Mold Condition” – Visible mold growth, or a condition of excess moisture likely to support mold growth, at levels that may present a risk to occupant health or property integrity.

“Habitability Standards” – The minimum property standards imposed under Cal. Civ. Code § 1941.1, Cal. Health & Safety Code § 17920.3, and any stricter local ordinances.

“Notice” – Written notice compliant with Section 9.3 (Notices) of this Addendum.

“Preventive Measures” – Reasonable actions to control moisture, ensure adequate ventilation, and promptly clean minor surface mold in accordance with Section 5.1.

3. OPERATIVE PROVISIONS

3.1 Disclosure of Known Mold. Landlord represents that, to Landlord’s actual knowledge, the Premises [HAS / HAS NOT] previously contained an Elevated Mold Condition. If “HAS,” Landlord attaches hereto Exhibit A (Mold Condition History) describing all known incidents and remedial actions.

3.2 Delivery Condition. Landlord shall deliver the Premises in habitable condition, free of any known Elevated Mold Condition, consistent with Habitability Standards.

3.3 Tenant’s Right to Inspect. Within 48 hours after move-in, Tenant may conduct a visual inspection for mold. Tenant shall promptly document and report any suspected Elevated Mold Condition to Landlord in writing.

3.4 Use & Occupancy. Tenant acknowledges that mold growth is often related to moisture and agrees to maintain the Premises in a clean, dry, and well-ventilated condition, and to operate all provided exhaust fans, HVAC systems, and dehumidifiers as instructed by Landlord.

3.5 No Alterations Without Consent. Tenant shall not install humidifiers, aquariums larger than [X] gallons, or water furniture without Landlord’s prior written consent.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each party represents and warrants that it has full authority to execute and perform this Addendum and that doing so does not violate any other agreement.

4.2 Landlord’s Limited Warranty. Landlord warrants, as of the Effective Date, that:
a. the Premises complies with Habitability Standards; and
b. any prior mold remediation was performed by an Authorized Remediator.

4.3 Disclaimer of Additional Warranties. Except as expressly provided, Landlord makes no other warranties, express or implied, including any warranty of fitness for a particular purpose.

4.4 Survival. The warranties in this Section survive the termination or expiration of the Lease solely with respect to conditions first arising or discovered during the Lease Term.

5. COVENANTS & RESTRICTIONS

5.1 Tenant’s Preventive Measures. Tenant shall:
a. promptly wipe down visible moisture and clean minor surface mold with household cleaners;
b. keep furniture and belongings away from walls to promote air circulation;
c. report plumbing leaks, roof leaks, window condensation, HVAC malfunctions, or other moisture-related issues to Landlord within 24 hours of discovery; and
d. comply with all manufacturer instructions for any installed HVAC or ventilation equipment.

[// GUIDANCE: Customize subsection (d) to reflect any unique systems (e.g., swamp coolers, dehumidifiers).]

5.2 Prohibited Conduct. Tenant shall not:
a. disable or tamper with ventilation systems;
b. overpower electrical circuits by operating excessive appliances that generate humidity; or
c. allow standing water to persist more than 12 hours.

5.3 Landlord Inspection Rights. Landlord may enter the Premises on 24-hour written notice (or sooner in an emergency) to inspect for moisture or mold and to perform necessary repairs, consistent with Cal. Civ. Code § 1954.

6. DEFAULT & REMEDIES

6.1 Tenant Default. Tenant’s failure to comply with Sections 5.1 or 5.2 constitutes a material lease default after written notice and a 3-day cure period (or longer if required by law).

6.2 Landlord Default. Landlord’s failure to commence remediation of a reported Elevated Mold Condition within 5 business days after Notice constitutes a material breach, subject to Tenant’s rights under Cal. Civ. Code § 1942 (Repair and Deduct) and any other lawful remedies.

6.3 Graduated Remedies.
a. First Offense – Written warning and 3-day cure.
b. Second Offense – Landlord may perform remediation at Tenant’s cost and demand reimbursement as additional rent.
c. Third Offense – Landlord may terminate the Lease upon 30-day written notice, subject to applicable relocation assistance requirements.

6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification.
a. Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from Actual Damages arising out of Landlord’s gross negligence or willful failure to remediate an Elevated Mold Condition.
b. Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from Actual Damages arising from Tenant’s violation of Sections 5.1 or 5.2.
c. Comparative Fault. Indemnification is proportional to each party’s comparative fault.

7.2 Limitation of Liability. Neither party is liable to the other for consequential, incidental, punitive, or special damages; liability is capped at Actual Damages proven.

7.3 Insurance. Tenant is advised to obtain renter’s insurance covering personal property loss due to mold or moisture.

7.4 Force Majeure. Delays in remediation caused by events beyond reasonable control (e.g., natural disasters, labor or material shortages) extend cure periods for the duration of the impediment, provided the delayed party promptly notifies the other.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by California landlord-tenant law without regard to conflict-of-law principles.

8.2 Forum Selection. Exclusive jurisdiction lies in the state court of competent jurisdiction for the county in which the Premises is located (“Housing Court”).

8.3 Arbitration Excluded. The parties expressly opt out of arbitration.

8.4 Jury Trial. Each party retains its constitutional right to a jury trial; no jury waiver is intended or implied.

8.5 Injunctive Relief. Nothing in this Addendum limits either party’s right to seek injunctive or declaratory relief to enforce habitability obligations.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by both parties. A party’s failure to enforce any provision is not a waiver of future enforcement.

9.2 Assignment. Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed.

9.3 Notices. All Notices under this Addendum must comply with Cal. Civ. Code § 827 and be delivered (i) in person; (ii) by certified mail, return receipt requested; or (iii) by any electronic method expressly agreed upon in the Lease.

9.4 Severability & Reformation. If any provision is held invalid, the remainder remains enforceable, and the invalid provision will be reformed to the minimum extent necessary to achieve its intent.

9.5 Integration. This Addendum, together with the Lease and any exhibits, constitutes the entire agreement regarding mold disclosure and supersedes all prior statements on the subject.

9.6 Counterparts & Electronic Signature. This Addendum may be executed in multiple counterparts, each of which is deemed an original. Electronic signatures are binding to the fullest extent permitted by California law, including the Uniform Electronic Transactions Act, Cal. Civ. Code § 1633.1 et seq.

10. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – attach if required by local practice]

[// GUIDANCE:
1. Attach Exhibit A if disclosure of prior mold incidents is required.
2. Review any local city/county ordinances (e.g., Los Angeles, San Francisco) that may impose stricter remediation timelines or tenant relocation obligations.
3. Ensure consistency between this Addendum and any separate maintenance, pet, or waterbed addenda.
4. Prior to execution, confirm that all statutory references remain current.
]