Residential Lease Addenda - Mold Disclosure - District of Columbia

Mold Disclosure and Remediation Addendum

to Residential Lease Agreement – District of Columbia

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 Parties.
This Mold Disclosure and Remediation Addendum (“Addendum”) is entered into and made effective as of [EFFECTIVE DATE] (“Effective Date”) by and between:

(a) [FULL LEGAL NAME OF LANDLORD], a [type of entity] organized under the laws of [state], with its principal place of business at [address] (“Landlord”); and

(b) [FULL LEGAL NAME(S) OF TENANT(S)], each residing at [premises address] (“Tenant,” whether one or more).

Landlord and Tenant are sometimes referred to individually as a “Party” and collectively as the “Parties.”

1.2 Recitals.

A. The Parties have entered into a Residential Lease Agreement dated [lease date] (“Lease”) for the real property commonly known as [street address/unit/city, DC, ZIP] (“Premises”).
B. District of Columbia law imposes duties on both landlords and tenants to prevent, disclose, and remediate mold. See, e.g., D.C. Code §§ 8-241.01 et seq.
C. The Parties desire to supplement the Lease to allocate rights, duties, and liabilities concerning mold, without diminishing either Party’s statutory obligations.

NOW, THEREFORE, for 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 have the meanings assigned below. Undefined capitalized terms have the meanings given in the Lease.

“Affected Area” – the portion of the Premises in which Mold Growth is visually observed or reasonably suspected following a Notice of Mold Condition.

“Licensed Mold Professional” – a person or business entity duly certified or licensed in the District of Columbia to perform mold assessment or remediation pursuant to D.C. Code §§ 8-241.03–.04 and implementing regulations.

“Mold” – microscopic fungi, including but not limited to species of Aspergillus, Penicillium, Cladosporium, and Stachybotrys, capable of growth on organic substrates in the presence of moisture.

“Mold Growth” – Mold colonization visible to the naked eye or confirmed by laboratory analysis.

“Notice of Mold Condition” – written notice from either Party to the other describing observed or suspected Mold Growth, water intrusion, excessive moisture, or conditions conducive to Mold Growth.

“Qualified Inspector” – a Licensed Mold Professional engaged solely to perform a mold assessment or clearance test, independent from any remediation contractor.

“Remediation Plan” – the written scope of work prepared by a Licensed Mold Professional that (i) identifies the Affected Area, (ii) specifies containment and removal procedures, (iii) prescribes post-remediation verification, and (iv) complies with all applicable District of Columbia standards.

3. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum is hereby incorporated into and made part of the Lease. In the event of conflict, the more stringent health-and-safety requirement controls.

3.2 Landlord’s Initial Disclosure.

(a) To Landlord’s knowledge, based on a reasonable visual inspection of accessible areas, [check one]:
☐ The Premises contain no known Mold Growth as of the Effective Date.
☐ Mold Growth presently exists in the following locations: [describe].

(b) At the application stage, Landlord provided the disclosure required by D.C. Code § 42-3502.22(b)(1)(K): information known or that should have been known about indoor mold contamination in the Premises or common areas during the previous three (3) years, unless the mold was remediated by a District-certified and licensed indoor mold remediation professional. Tenant also acknowledges receipt of any corresponding assessment or remediation documents supplied with that disclosure.

3.3 Tenant’s Pre-Occupancy Acknowledgment. Tenant acknowledges receipt of the disclosures and informational materials referenced in Section 3.2 and represents that Tenant conducted an initial walkthrough inspection and observed [check one]:
☐ no visible Mold Growth.
☐ the following Mold Growth: [describe].

3.4 Ongoing Prevention Duties.

(a) Landlord shall:
i. Maintain the building envelope, plumbing, HVAC, and common areas to prevent chronic moisture.
ii. At least annually, visually inspect all common areas and promptly correct moisture intrusions.
iii. Provide and maintain functional mechanical ventilation in kitchens and bathrooms.

(b) Tenant shall:
i. Operate exhaust fans and open windows, weather permitting, to reduce humidity.
ii. Promptly remove standing water and wipe condensation from windows and surfaces.
iii. Refrain from disabling HVAC or ventilation systems.
iv. Store belongings in a manner that permits air circulation (e.g., away from exterior walls).
v. Promptly after discovery, deliver written or electronic Notice of a Mold Condition to Landlord. A delay does not waive the statutory notice-and-remediation process in D.C. Code § 8-241.04.

3.5 Remediation Procedures.

(a) Inspection. After receiving written or electronic notice of indoor mold or suspected indoor mold, Landlord shall inspect the affected dwelling unit or common area within seven (7) days, as required by D.C. Code § 8-241.04(a). The inspection shall determine the source and extent of the condition and whether professional assessment or remediation is required. A suspected housekeeping issue does not excuse the statutory inspection.

(b) Remediation. Landlord shall remediate the condition within thirty (30) days after the inspection unless a court or the Mayor orders a shorter period. Mold contamination requiring professional remediation shall be remediated by a District-certified and licensed indoor mold remediation professional; smaller surface conditions may be cleaned under the applicable District guidelines.

(c) Temporary Relocation. If remediation requires Tenant’s temporary relocation, Landlord shall (i) provide comparable alternative housing at Landlord’s expense or (ii) abate rent on a pro rata basis for the affected period.

(d) Completion Documentation. When professional remediation is required, remediation is complete when the required professional documentation confirms completion under applicable District standards. For work below the professional-remediation threshold, Landlord shall document the completed cleaning and correction of the moisture source.

(e) Post-Remediation Disclosure. Landlord shall give Tenant a copy of the clearance report within three (3) business days of receipt.

3.6 Cost Allocation. Except as provided in Section 7.1(b), Landlord bears the cost of assessment, remediation, and clearance. If Mold Growth is caused by Tenant’s willful misconduct, gross negligence, or material breach of Section 3.4(b), Tenant shall reimburse Landlord for reasonable, documented costs not exceeding actual damages.

3.7 Access. Tenant shall provide Landlord, Licensed Mold Professionals, and Qualified Inspectors reasonable access to the Premises for assessment, remediation, and clearance, upon at least twenty-four (24) hours’ advance notice, except in emergencies.

3.8 No Self-Help by Tenant. Tenant shall not engage in or contract for mold remediation work without Landlord’s prior written consent, except for minor cleaning with household cleaning agents on non-porous surfaces.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents that it has full power and authority to enter into this Addendum and perform its obligations.

4.2 Landlord’s Mold Compliance. Landlord warrants that all mold assessment and remediation services under this Addendum will be performed by Licensed Mold Professionals in material compliance with D.C. Code §§ 8-241.01 et seq. and any successor statutes or regulations. This warranty survives for one (1) year after issuance of a clearance report.

4.3 Tenant’s Duty to Disclose. Tenant represents that Tenant has disclosed in writing any existing knowledge of Mold or moisture conditions in Tenant’s possessions transferred into the Premises (e.g., furniture previously exposed to water damage).

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants.
(a) Landlord covenants to comply with all applicable building codes, housing regulations, and mold standards.
(b) Tenant covenants to comply with the preventive measures in Section 3.4(b) and to timely report water leaks, plumbing failures, or HVAC malfunctions.

5.2 Prohibited Acts. Tenant shall not (i) create excessive moisture (e.g., using unvented kerosene heaters), (ii) obstruct access to plumbing or HVAC for inspection, or (iii) paint over visible Mold Growth.

5.3 Right of Entry. In addition to Lease-granted entry rights, Landlord may enter the Premises upon reasonable notice to investigate suspected Mold Growth or moisture conditions.

6. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Landlord Default: Failure to inspect or remediate within the deadlines of Section 3.5.
(b) Tenant Default: Failure to provide required Notice of Mold Condition, blocking remediation access, or violating Section 5.2.

6.2 Notice & Cure. The non-defaulting Party shall deliver written notice specifying the default. The defaulting Party has:
(a) Landlord – five (5) business days to cure commencement obligations and continuous good-faith efforts thereafter.
(b) Tenant – three (3) business days to cure or to commence cure of housekeeping or access violations.

No contractual cure period extends the inspection or remediation deadline imposed by D.C. Code § 8-241.04.

6.3 Remedies.

(a) Tenant Remedies for Landlord Default:
i. Rent abatement proportionate to the uninhabitable portion of the Premises;
ii. Habitability petition before the D.C. Superior Court Housing Conditions Calendar;
iii. Specific performance or injunctive relief compelling remediation.

(b) Landlord Remedies for Tenant Default:
i. Reimbursement of actual remediation costs attributable to Tenant’s breach;
ii. Lease termination under applicable notice requirements;
iii. Recovery of attorney’s fees and court costs incurred to enforce this Addendum.

7. RISK ALLOCATION

7.1 Indemnification.

(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from all losses, claims, and reasonable attorney’s fees arising out of Landlord’s breach of this Addendum or gross negligence in failing to remediate Mold Growth under Landlord’s control.

(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord from all losses, claims, and reasonable attorney’s fees resulting from Mold Growth directly caused by Tenant’s willful misconduct or material breach of Sections 3.4(b) or 5.2.

7.2 Limitation of Liability. EXCEPT FOR (i) DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (ii) OBLIGATIONS EXPRESSLY STATED UNDER SECTION 7.1, NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES. LIABILITY IS LIMITED TO ACTUAL, DIRECT DAMAGES PROVEN BY COMPETENT EVIDENCE.

7.3 Insurance.
(a) Landlord shall maintain property insurance covering the Premises.
(b) Tenant is encouraged—but not required—to maintain renter’s insurance covering personal property and additional living expenses.

7.4 Force Majeure. Contractual deadlines may be extended for events beyond a Party’s reasonable control (e.g., natural disasters), except for monetary obligations. This clause does not extend the statutory deadlines in D.C. Code § 8-241.04 unless a court or the Mayor orders a different timeframe.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by the laws of the District of Columbia without regard to conflict-of-laws principles.

8.2 Forum Selection. Any action arising out of this Addendum shall be filed exclusively in the Superior Court of the District of Columbia, Landlord-Tenant Branch or Housing Conditions Calendar, as appropriate. Each Party irrevocably submits to such jurisdiction.

8.3 Arbitration Excluded. The Parties expressly opt out of arbitration; all disputes shall be resolved by the courts specified in Section 8.2.

8.4 Jury Trial. Nothing herein constitutes a waiver of either Party’s constitutional right to a trial by jury.

8.5 Injunctive Relief. Either Party may seek temporary, preliminary, and/or permanent injunctive relief, including but not limited to orders compelling remediation, to prevent or mitigate imminent harm to health or property.

9. GENERAL PROVISIONS

9.1 Amendment. No amendment to this Addendum is effective unless in writing and signed by both Parties.

9.2 Waiver. A waiver of any breach must be in writing and is not a waiver of any other breach.

9.3 Assignment. Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent, except as permitted under the Lease and District law.

9.4 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, personal representatives, successors, and allowed assigns.

9.5 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the invalid provision will be reformed to the minimum extent necessary to comply with law.

9.6 Entire Agreement. This Addendum, together with the Lease, constitutes the entire agreement of the Parties concerning mold, and supersedes all prior oral or written representations.

9.7 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are binding to the same extent as originals.

10. EXECUTION BLOCK

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

LANDLORD
_________________________________________
Signature
Name: [printed name]
Title / Capacity: [if applicable]
Date: ________________________

TENANT(S)

1. _________________________________________
   Signature
   Name: [printed name]
   Date: ________________________

2. _________________________________________
   Signature
   Name: [printed name]
   Date: ________________________

[Add additional signature lines as necessary]

[END OF DOCUMENT]