MOLD DISCLOSURE AND PREVENTION ADDENDUM

to

RESIDENTIAL LEASE AGREEMENT (DELAWARE)

[// GUIDANCE: This Addendum is intended for use with a Delaware residential lease. Replace all bracketed placeholders before execution. Consult the underlying Lease to ensure there is no conflict; if conflict exists, include a controlling-document clause.]

TABLE OF CONTENTS

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

1. DOCUMENT HEADER

This Mold Disclosure and Prevention Addendum (this “Addendum”) is entered into and effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE / INDIVIDUAL], with an address of [LANDLORD ADDRESS] (“Landlord”); and

Tenant(s): [TENANT FULL LEGAL NAME(S)], residing at the Premises defined below (“Tenant”).

This Addendum supplements that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential property located at [PROPERTY ADDRESS] (the “Premises”). The Lease and this Addendum are collectively referred to as the “Agreement.”

2. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Terms not defined herein have the meanings ascribed in the Lease.

“Actual Damages” means direct damages proven in fact and limited to out-of-pocket costs, excluding any special, consequential, punitive, exemplary, or speculative damages.

“Code” means the Delaware Residential Landlord-Tenant Code, 25 Del. C. §§ 5101 et seq., as amended.

“Damp Condition” means the presence of moisture, water intrusion, or condensation sufficient to support mold growth.

“Inspection” means a reasonable visual examination of accessible areas of the Premises for Visible Mold or Damp Conditions.

“Mold” means any indoor mold, mildew, fungus, or microbial growth capable of releasing spores, mycotoxins, or toxins that can cause allergic or toxic responses.

“Remediation” means the process of cleaning, treating, removing, or otherwise abating Mold in accordance with an industry-recognized standard such as IICRC S520.

“Visible Mold” means Mold growth that is discernible to the naked eye.

3. OPERATIVE PROVISIONS

3.1 Landlord’s Mold Disclosure

(a) To Landlord’s actual knowledge, and based on an Inspection conducted on [DATE OF LANDLORD’S INSPECTION], Landlord [HAS/HAS NOT] observed or received written notice of Visible Mold or Damp Conditions in the Premises, except as specifically disclosed in Exhibit A attached hereto (the “Disclosure Schedule”).
(b) Landlord certifies that, as of the Effective Date, Landlord has complied with its duty under 25 Del. C. § 5303(a)(3) to maintain the Premises in a clean and sanitary condition reasonably free of conditions hazardous to health, including excessive Mold.

[// GUIDANCE: If third-party testing reports exist, list them on Exhibit A and provide copies to Tenant at or before execution.]

3.2 Tenant’s Acknowledgment & Inspection Right

(a) Tenant acknowledges receipt of:
i. This Addendum and the Disclosure Schedule; and
ii. The Environmental Protection Agency’s pamphlet “A Brief Guide to Mold, Moisture, and Your Home” (or most recent successor publication).
(b) Tenant has the right to conduct, at Tenant’s sole cost, an independent mold inspection prior to occupancy. Failure to conduct such inspection constitutes a waiver of that right, but does not waive Tenant’s remedies for later-discovered Mold.

3.3 Prevention Obligations

(a) Landlord Obligations.
1. Maintain the Premises in habitable condition in compliance with the Code.
2. Promptly repair structural leaks, roof failures, plumbing defects, or other water-intrusion sources upon receiving notice.
(b) Tenant Obligations. Tenant shall:
1. Maintain the Premises in a manner that prevents Damp Conditions, including promptly wiping spills and using exhaust fans.
2. Keep HVAC drip pans clean and replace filters at least every [X] months.
3. Position furniture to permit airflow and avoid Mold development.
4. Refrain from disabling bathroom or kitchen exhaust fans.

[// GUIDANCE: Insert an “X” value that aligns with the HVAC system manufacturer’s recommendations—typically 1-3 months.]

3.4 Notice & Access for Inspection

(a) Tenant shall provide written notice to Landlord of any condition that could reasonably result in Mold within [Y] calendar days of discovery.
(b) Landlord may enter the Premises upon not less than 48 hours’ notice (or shorter in emergencies) to inspect, sample, or test for Mold. Entry shall comply with 25 Del. C. § 5509.

3.5 Remediation Procedures

(a) Upon confirming the presence of Mold in excess of de minimis amounts, Landlord shall, within [Z] calendar days, commence Remediation in accordance with IICRC S520 or an equivalent standard.
(b) Cost Allocation.
i. If Mold resulted from Landlord’s breach of the Prevention Obligations or failure to repair, Landlord bears all reasonable Remediation costs.
ii. If Mold resulted from Tenant’s negligence, willful misconduct, or failure to comply with Section 3.3(b), Tenant shall reimburse Landlord for Actual Damages and Remediation costs within 30 days of invoice.
(c) Relocation/Abatement. During Remediation, Landlord may relocate Tenant to a comparable unit, or abate rent proportionally to the area rendered uninhabitable, in accordance with 25 Del. C. § 5308.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has the legal right and authority to enter into this Addendum.

4.2 Landlord’s Limited Warranty. Landlord warrants that, as of the Effective Date, Landlord has satisfied its statutory duty to provide the Premises in habitable condition, including freedom from Visible Mold, subject to the disclosures in Exhibit A. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION AND AS REQUIRED BY LAW, LANDLORD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.3 Tenant’s Reliance. Tenant represents that Tenant has not relied upon any oral statement by Landlord regarding the absence of Mold other than those contained in this Addendum.

5. COVENANTS & RESTRICTIONS

5.1 Tenant shall immediately cease use of any area where substantial Visible Mold is discovered and shall cooperate with Remediation efforts, including temporary relocation if reasonably required.

5.2 Tenant shall not:
a. Paint over or otherwise conceal Visible Mold;
b. Introduce plants, aquariums, or other moisture-generating items in quantities that create Damp Conditions; or
c. Install unvented clothes dryers, kerosene heaters, or other equipment that increases indoor humidity without Landlord’s prior written consent.

6. DEFAULT & REMEDIES

6.1 Events of Default.
a. Tenant’s failure to comply with Sections 3.3(b), 4.3, or 5 constitutes a “Tenant Mold Default.”
b. Landlord’s failure to timely commence Remediation as required constitutes a “Landlord Mold Default.”

6.2 Notice & Cure. The non-defaulting party shall deliver written notice specifying the default and providing:
• Tenant: 5 days to cure a monetary default; 10 days to cure a non-monetary Tenant Mold Default.
• Landlord: 10 days to commence cure of a Landlord Mold Default.

6.3 Remedies.
a. Upon Tenant Mold Default, Landlord may (i) perform Tenant’s obligations at Tenant’s cost; (ii) recover Actual Damages; and/or (iii) pursue eviction per the Code.
b. Upon Landlord Mold Default, Tenant may (i) obtain injunctive relief compelling Remediation; (ii) seek rent abatement; and (iii) terminate the Lease if the default materially affects habitability, all as permitted by 25 Del. C. § 5308.
c. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorneys’ fees and court costs.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, liabilities, and Actual Damages arising out of or related to Mold resulting from Tenant’s breach of this Addendum or negligence.
(b) Landlord shall indemnify Tenant for Actual Damages directly caused by Landlord’s willful failure to remediate Mold as required herein.

7.2 Limitation of Liability. EACH PARTY’S LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL DAMAGES. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, EXCEPT TO THE EXTENT SUCH DAMAGES ARE AWARDED TO A THIRD PARTY PURSUANT TO SECTION 7.1.

7.3 Insurance. Tenant is advised to obtain renter’s insurance covering personal property loss or health impacts arising from Mold. Landlord’s insurance typically does not cover Tenant’s personal property.

7.4 Force Majeure. Neither party is liable for failure to perform obligations (other than payment of money) to the extent such performance is rendered impossible by events beyond that party’s reasonable control, provided the party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by the laws of the State of Delaware, including the Code.

8.2 Forum Selection. Any suit, action, or proceeding arising out of or relating to this Addendum shall be brought exclusively in the Justice of the Peace Court for the State of Delaware (the “Housing Court”) or any other court of competent jurisdiction therein.

8.3 Arbitration Excluded. The parties expressly agree that arbitration is excluded; all disputes shall be resolved in the courts specified above.

8.4 Jury Trial. Nothing in this Addendum shall be construed to constitute a waiver of any constitutional right to a trial by jury.

8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond, to the fullest extent permitted by Delaware law.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on subsequent occasions.

9.2 Assignment. Tenant may not assign this Addendum or sublet the Premises without Landlord’s prior written consent, except as otherwise provided by the Code. Any purported assignment in violation of this Section is void.

9.3 Successors & Assigns. This Addendum is binding upon and inures to the benefit of the parties and their respective heirs, successors, personal representatives, and permitted assigns.

9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remainder of the Addendum shall remain in full force, and the invalid provision shall be modified to the minimum extent necessary to render it valid and enforceable while effectuating the parties’ intent.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties with respect to Mold, and supersedes all prior oral or written statements regarding the subject matter hereof.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile shall be deemed originals for all purposes.

10. EXECUTION BLOCK

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

[// GUIDANCE: Add additional signature lines if multiple tenants or co-landlords.]

NOTARY ACKNOWLEDGMENT (OPTIONAL – IF REQUIRED BY UNDERLYING LEASE OR LOCAL PRACTICE)

State of Delaware )
County of ____ ) ss:

On this _ day of _, 20__, before me, a Notary Public in and for the State aforesaid, personally appeared _____, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My Commission Expires: ____

EXHIBIT A – DISCLOSURE SCHEDULE

1. Prior Mold Sample/Test Reports:
   • [INSERT TITLE, DATE, AND SUMMARY OF RESULTS]

2. Prior Remediation Work:
   • [LIST DATES, CONTRACTORS, AND AREAS TREATED]

3. Known Areas with Past or Present Damp Conditions:
   • [IDENTIFY ROOMS/LOCATIONS]

[// GUIDANCE: Attach additional documentation (inspection photos, lab reports, contractor invoices) as needed.]