MOLD DISCLOSURE ADDENDUM

to Residential Lease Agreement – State of Colorado

[// GUIDANCE: This Addendum is intended for attachment to a Colorado residential lease. Insert or modify bracketed placeholders as appropriate for the specific transaction.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
      3.1. Landlord’s Mold Disclosure
      3.2. Tenant Acknowledgment
      3.3. Prevention Obligations
      3.4. Remediation Procedures
      3.5. Access; Temporary Relocation; Rent Abatement
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Addendum Title: Mold Disclosure Addendum to Residential Lease Agreement
Parties:
• “Landlord”: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL]
• “Tenant”: [TENANT LEGAL NAME(S)]
Premises: [STREET ADDRESS, UNIT, CITY, STATE, ZIP]
Original Lease: Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”)
Effective Date of Addendum: [DATE]
Governing Law: State of Colorado (see § 8.1)

Recitals
A. Landlord and Tenant entered into the Lease for the Premises identified above.
B. Colorado law, including the implied warranty of habitability, requires disclosure of known mold conditions and allocation of related responsibilities between landlords and tenants.
C. The parties desire to supplement the Lease by entering into this Mold Disclosure Addendum (this “Addendum”) to address such matters.

NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

2. DEFINITIONS

For purposes of this Addendum (capitalized terms not defined herein have the meanings assigned in the Lease):

“Damp Condition” – The presence of persistent moisture, water accumulation, or high relative humidity (above 60%) within the Premises.

“Habitability Law” – The Colorado warranty of habitability and related statutory provisions presently codified at C.R.S. §§ 38-12-501 et seq., together with successor statutes and implementing regulations.

“Mold” – Any indoor microbial growth (including mildew, fungi, or spores) visible or otherwise detectable, associated with Damp Conditions, capable of causing property damage, allergenic responses, or other health effects.

“Qualified Remediator” – A contractor duly licensed or certified (where required) and experienced in mold assessment and remediation in accordance with ANSI/IICRC S520 or any successor industry standard.

“Remediation” – The assessment, containment, removal, cleaning, drying, and verification of Mold in accordance with industry standards and applicable law.

“Water Intrusion” – Entry of water or vapor into building materials or finishes, including leaks, flooding, or condensation events.

3. OPERATIVE PROVISIONS

3.1 Landlord’s Mold Disclosure

(a) Known Conditions. Landlord hereby discloses that, to Landlord’s actual knowledge as of the Effective Date, the Premises
[SELECT ONE]:
☐ are not presently affected by Mold; or
☐ are affected by Mold in the following locations: [DESCRIPTION].

(b) Prior Incidents. Landlord further discloses any known Water Intrusion or Mold occurrences within the past five (5) years: [DETAILS / “NONE”].

(c) Inspection Reports. Landlord has provided Tenant with copies of all mold-related inspection or remediation reports in Landlord’s possession, if any, and Tenant acknowledges receipt thereof.

[// GUIDANCE: Attach or reference any third-party reports as Exhibit A.]

3.2 Tenant Acknowledgment

Tenant acknowledges receipt of the foregoing disclosures, has been advised to conduct an independent inspection, and (i) has either performed or waived such inspection, and (ii) accepts the Premises subject to the terms of this Addendum.

3.3 Prevention Obligations

(a) Tenant Duties. Tenant shall:
1. Keep the Premises clean, dry, and properly ventilated;
2. Promptly (within 24 hours) notify Landlord in writing of any Water Intrusion, Damp Condition, or suspected Mold;
3. Operate exhaust fans or ventilation devices when bathing, cooking, or using appliances that generate moisture;
4. Maintain interior temperatures above 55°F to reduce condensation; and
5. Refrain from obstructing HVAC vents or disabling dehumidification equipment.

(b) Prohibited Conduct. Tenant shall not introduce plants, aquariums, or other moisture-producing items in a manner that fosters Mold growth, nor shall Tenant apply paint or sealant over visible Mold.

3.4 Remediation Procedures

(a) Initial Response. Upon written notice or actual knowledge of Mold or Water Intrusion, Landlord shall, within ninety-six (96) hours, (i) inspect the reported condition, and (ii) engage a Qualified Remediator if Mold is confirmed or reasonably suspected.

(b) Standards. Remediation shall be performed in accordance with ANSI/IICRC S520 (or successor standard) and Habitability Law requirements, with verification by post-remediation clearance testing where appropriate.

(c) Cost Allocation.
1. Landlord Responsibility. Landlord bears the reasonable cost of Remediation except to the extent Mold results from Tenant’s breach of § 3.3 or negligent/willful acts.
2. Tenant Responsibility. If Tenant is responsible, Tenant shall reimburse Landlord within thirty (30) days of invoice; such sums constitute Additional Rent under the Lease and are subject to default remedies therein and herein.

3.5 Access; Temporary Relocation; Rent Abatement

(a) Access. Tenant shall grant Landlord and its agents reasonable access for inspection and Remediation upon at least twenty-four (24) hours’ advance notice, or immediately in the event of emergency, consistent with C.R.S. § 38-12-510.

(b) Relocation. If Remediation renders the Premises wholly or partially uninhabitable for more than seventy-two (72) hours, Landlord may, at its option:
1. Provide Tenant with comparable temporary housing at Landlord’s cost; or
2. Grant a pro rata rent abatement for the portion of the Premises rendered unusable.

(c) Termination Right. If Remediation cannot be completed within thirty (30) days after written notice, either party may terminate the Lease on five (5) days’ written notice without penalty, and prepaid rent shall be refunded on a daily pro rata basis.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord. Landlord represents that (i) Landlord has disclosed all material facts known to Landlord concerning Mold in the Premises, and (ii) to Landlord’s knowledge, the Premises comply with Habitability Law as of the Effective Date.

4.2 Tenant. Tenant represents that Tenant has inspected, or had the opportunity to inspect, the Premises and has not observed conditions inconsistent with Landlord’s disclosures.

4.3 Survival. The representations and warranties herein survive the execution of this Addendum and continue until the later of Lease expiration or completion of any pending Mold Remediation.

5. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants. Landlord shall maintain the roof, plumbing, HVAC, exterior walls, and windows in a manner that prevents Water Intrusion, subject to reasonable wear and tear and events beyond Landlord’s control.

5.2 Tenant Covenants. Tenant shall comply with all obligations set forth in § 3.3 and shall not alter the Premises (including installing appliances or fish tanks) without prior written consent.

5.3 Monitoring. Landlord reserves the right to conduct periodic inspections (no more than twice per lease year absent emergency or default) with prior notice.

6. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default under this Addendum:
(a) Tenant’s failure to timely report Water Intrusion or Mold;
(b) Tenant’s obstruction of inspection or Remediation;
(c) Tenant’s failure to reimburse Landlord for Tenant-caused Remediation costs within thirty (30) days;
(d) Landlord’s failure to commence Remediation within ninety-six (96) hours of notice, except where delay is caused by force majeure.

6.2 Cure Periods. The defaulting party has five (5) calendar days after written notice to cure, except where a shorter period is required by Habitability Law.

6.3 Remedies.
(a) Tenant Default. Landlord may (i) perform Tenant’s obligations and charge all costs as Additional Rent, (ii) pursue eviction or damages under the Lease and Colorado law, and/or (iii) seek injunctive relief compelling compliance.
(b) Landlord Default. Tenant may pursue remedies under Habitability Law, including injunctive relief, rent withholding or termination, subject to statutory prerequisites.

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

7. RISK ALLOCATION

7.1 Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any claims, damages, or expenses (including reasonable attorney fees) arising from Tenant’s breach of this Addendum or negligent acts/omissions relating to Mold, except to the extent caused by Landlord’s negligence or willful misconduct.

7.2 Limitation of Liability. Neither party shall be liable for consequential, special, or punitive damages related to Mold. Each party’s aggregate liability under this Addendum is limited to actual, direct damages proven by competent evidence.

7.3 Insurance. Tenant is strongly encouraged to maintain renter’s insurance covering personal property damage due to Mold; Landlord’s insurance does not cover Tenant’s personal belongings.

7.4 Force Majeure. Delays in Remediation caused by events beyond a party’s reasonable control (e.g., acts of God, supply chain disruptions) extend performance deadlines for a period equal to the delay, up to thirty (30) additional days.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.

8.2 Forum Selection. The parties consent to the exclusive jurisdiction of the state housing or county court in the county where the Premises are located.

8.3 Arbitration. Arbitration is expressly excluded.

8.4 Jury Trial. Nothing herein constitutes a waiver of the constitutional right to a jury trial.

8.5 Injunctive Relief. Each party retains the right to seek temporary, preliminary, and/or permanent injunctive relief to enforce the habitability and Mold-related obligations herein.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted under the Lease.

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

9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remainder is enforced to the fullest extent permitted by law, and the invalid provision is deemed modified to the minimum extent necessary to render it valid.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement between the parties regarding Mold and supersedes all prior or contemporaneous oral or written understandings.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered by electronic means (e-signature, PDF, facsimile) are deemed original and binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the date first written above.

[OPTIONAL NOTARY BLOCK]
State of Colorado, County of [_]
Subscribed and sworn before me on __/_/_____ by [NAME(S)].

Notary Public
My commission expires: _______

[// GUIDANCE:
1. Attach this Addendum to the Lease and reference it in the Lease’s “Additional Terms” section for incorporation by reference.
2. Provide Tenant with the EPA publication “A Brief Guide to Mold, Moisture, and Your Home” or comparable educational material as additional risk mitigation.
3. Consider scheduling periodic HVAC filter replacement reminders as part of preventive maintenance obligations.]