RESIDENTIAL LEASE

MOLD DISCLOSURE & REMEDIATION ADDENDUM

(Connecticut – Conn. Gen. Stat. Title 47a Compliance)

[// GUIDANCE: Attach this Addendum to every Connecticut residential lease when the Premises contain, or could reasonably develop, conditions conducive to mold growth. Insert all bracketed placeholders before execution. Retain a fully executed copy with the Lease file.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Addendum Identification.
   This Mold Disclosure & Remediation Addendum (this “Addendum”) is entered into as of [EFFECTIVE DATE] and is incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant”) for the residential real property located at [PREMISES ADDRESS] (the “Premises”).

2. Purpose & Consideration.
   In consideration of the mutual covenants contained herein and in the Lease, and in compliance with Connecticut General Statutes § 47a-7 and applicable public-health guidance, the parties agree to the terms set forth below regarding disclosure, prevention, and remediation of mold.

II. DEFINITIONS

The following definitions apply throughout this Addendum (terms appear alphabetically):

“Actual Damages” – Verifiable out-of-pocket costs incurred and documented by a party, excluding special, consequential, or punitive damages.

“Habitability Standards” – The statutory obligations imposed on residential landlords by Conn. Gen. Stat. § 47a-7(a) and any applicable local housing codes materially affecting health and safety.

“Qualified Remediation Contractor” – A contractor or industrial hygienist licensed or certified under Connecticut law (or, if no license is statutorily required, demonstrably experienced in indoor mold assessment and remediation) and adequately insured for mold-related work.

“Remediation” – Assessment, containment, removal, cleaning, and proper disposal of mold in accordance with current Connecticut Department of Public Health (DPH) guidelines and industry standard IICRC S520 (or any successor standard then in effect).

“Visible Mold” – Mold growth, mildew, or microbial colonization that is readily observable by the naked eye under normal lighting conditions, or detected through an olfactory indicator (e.g., musty odor) confirmed by a Qualified Remediation Contractor.

[Additional defined terms may be inserted as needed.]

III. OPERATIVE PROVISIONS

3.01 Lease Integration. This Addendum supplements the Lease; capitalized terms not defined herein have the meanings assigned in the Lease. In the event of any conflict, this Addendum controls with respect to mold matters.

3.02 Landlord’s Initial Disclosure.
(a) Inspections Conducted. Landlord represents that a visual inspection of the Premises was performed on [INSPECTION DATE].
(b) Known Conditions. Landlord hereby discloses the following:
i. Any prior water intrusion events within the past 12 months: [DISCLOSE / NONE KNOWN].
ii. Any prior mold remediation within the past 12 months: [DISCLOSE / NONE KNOWN].
iii. The presence of any Visible Mold at the time of execution: [DISCLOSE / NONE].
(c) Baseline Condition Documentation. Where Visible Mold is disclosed, photographs or a written report (the “Baseline Report”) are attached as Exhibit A and incorporated herein by reference.

3.03 Tenant Acknowledgment. Tenant acknowledges receipt of:
(i) this Addendum;
(ii) any Baseline Report; and
(iii) the current DPH fact sheet “Concerns About Indoor Mold” (or successor publication).
Tenant has inspected the Premises and (except as noted below) [does / does not] observe Visible Mold.
[TENANT INITIALS] ______

3.04 Ongoing Duty to Notify. Tenant must promptly (and in any event within 24 hours) provide written notice to Landlord of:
1. Water leaks, roof leaks, plumbing backups, or flooding;
2. HVAC malfunctions affecting humidity; or
3. Any suspected Visible Mold.

3.05 Remediation Procedures.
(a) Assessment. Within five (5) business days after receiving notice under § 3.04, Landlord shall inspect the reported condition and, if necessary, engage a Qualified Remediation Contractor.
(b) Execution. Remediation shall commence within a commercially reasonable period, not to exceed ten (10) business days after assessment, subject to force-majeure under § 7.05.
(c) Relocation / Abatement. If Remediation materially interferes with habitability, Landlord will either (i) provide temporary comparable accommodations at Landlord’s expense, or (ii) abate Rent on a prorated basis until the Premises meet Habitability Standards, at Landlord’s election.
(d) Completion Certification. Upon completion, Landlord will furnish Tenant a written clearance certificate from the Qualified Remediation Contractor.

3.06 Tenant Cooperation. Tenant shall:
1. Grant access as reasonably required for inspection and Remediation;
2. Follow all safety or relocation instructions given by the Qualified Remediation Contractor; and
3. Remove or protect personal property as directed; Landlord bears no responsibility for property not so removed or protected.

IV. REPRESENTATIONS & WARRANTIES

4.01 Mutual Authority. Each party represents it has full power and authority to enter into this Addendum.

4.02 Landlord’s Limited Warranty. Except for disclosed conditions, Landlord warrants that, to its actual knowledge, no Visible Mold is present as of the Effective Date. This warranty survives for thirty (30) days.

4.03 Tenant’s Environmental Warranty. Tenant warrants that all personal property introduced to the Premises is free from infestation or mold contamination.

4.04 Disclaimer. Except as expressly provided herein, Landlord makes no other warranties, express or implied, regarding air quality, mold, or allergens.

V. COVENANTS & RESTRICTIONS

5.01 Tenant Preventive Obligations. Tenant shall:
a. Maintain indoor temperature between [MIN]°F and [MAX]°F and relative humidity below 60%;
b. Operate exhaust fans during and for at least 20 minutes after showering/cooking;
c. Refrain from obstructing HVAC vents;
d. Keep the Premises reasonably clean and dry, including promptly wiping condensation;
e. Use only bath mats, carpets, or furnishings that are clean and dry.

5.02 Landlord Preventive Obligations. Landlord shall:
a. Comply with Habitability Standards, including maintaining roofs, exterior walls, plumbing, and HVAC systems in good repair;
b. Conduct semi-annual inspections of common areas and building envelopes for conditions conducive to mold; and
c. Keep service records for at least three (3) years and make them available to Tenant upon reasonable request.

5.03 Prohibited Conduct. Neither party may knowingly conceal or fail to disclose Visible Mold or moisture conditions that could reasonably be expected to result in mold growth.

5.04 Notice & Cure. Except as otherwise set forth, the defaulting party has five (5) business days to cure any breach of this Article V after written notice.

VI. DEFAULT & REMEDIES

6.01 Tenant Default. Failure to comply with §§ 3.04 or 5.01 constitutes a material non-curable breach if not remedied within the applicable cure period, entitling Landlord to:
a. Terminate the Lease in accordance with Conn. Gen. Stat. § 47a-15;
b. Recover Actual Damages; and
c. Obtain injunctive relief compelling compliance.

6.02 Landlord Default. Landlord’s failure to timely remediate per § 3.05 constitutes a material breach. Tenant may:
a. Seek injunctive relief or order to comply with Habitability Standards;
b. Pursue statutory rent abatement or “repair and deduct” remedies as allowed under Conn. Gen. Stat. §§ 47a-7 & 47a-13; and
c. Terminate the Lease upon written notice if the condition materially affects health or safety and remains uncured for thirty (30) days.

6.03 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum shall recover reasonable attorneys’ fees and court costs.

VII. RISK ALLOCATION

7.01 Indemnification.
a. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any claim, loss, or Actual Damages arising out of mold that results from Tenant’s negligence, willful misconduct, or breach of §§ 3.04 or 5.01.
b. Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against any claim, loss, or Actual Damages arising out of Landlord’s failure to comply with Habitability Standards or to remediate per § 3.05.
c. Comparative Fault. Liability shall be allocated in proportion to the comparative fault of the parties.

7.02 Limitation of Liability. Except for claims involving gross negligence, willful misconduct, or personal injury, each party’s aggregate liability under this Addendum is limited to Actual Damages.

7.03 Insurance. Tenant shall maintain renter’s insurance with a minimum liability limit of [$____] per occurrence, naming Landlord as additional insured with respect to mold-related claims.

7.04 Waiver of Consequential Damages. Each party waives all rights to recover consequential, special, or punitive damages.

7.05 Force Majeure. Performance deadlines are tolled during events beyond the reasonable control of the affected party (e.g., acts of God, governmental delays, labor disputes), provided prompt written notice is given and diligent efforts to resume performance follow.

VIII. DISPUTE RESOLUTION

8.01 Governing Law. This Addendum and the Lease are governed by the laws of the State of Connecticut without regard to conflict-of-laws principles.

8.02 Forum Selection. Exclusive jurisdiction and venue lie in the Connecticut Superior Court – Housing Session having territorial jurisdiction over the Premises.

8.03 Arbitration. The parties expressly decline to submit disputes to arbitration.

8.04 Jury Trial. Each party retains its constitutional right to trial by jury.

8.05 Injunctive Relief. Nothing herein limits either party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce Habitability Standards or preserve health and safety.

IX. GENERAL PROVISIONS

9.01 Amendments & Waivers. No amendment or waiver is effective unless in a writing signed by both parties. A single waiver does not constitute a continuing waiver.

9.02 Assignment. Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which consent may be withheld on reasonable grounds.

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

9.04 Severability. If any provision is held unenforceable, the remainder shall be enforced to the fullest extent permitted by law.

9.05 Integration. This Addendum, together with the Lease and any attached exhibits, constitutes the entire agreement regarding mold matters and supersedes all prior oral or written representations.

9.06 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original; electronic signatures are binding and admissible.

X. EXECUTION BLOCK

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

[OPTIONAL NOTARY BLOCK – use if required by local practice]

[// GUIDANCE: Attach Exhibit A (Baseline Report) if any Visible Mold exists on signing date; otherwise state “No Exhibit-A Baseline Report—no Visible Mold observed.”]