RESIDENTIAL LEASE ADDENDUM

MOLD DISCLOSURE, PREVENTION & REMEDIATION

(Florida – Governed by Part II, Florida Residential Landlord and Tenant Act, Fla. Stat. § 83.40 et seq.)

[// GUIDANCE: This Addendum is intended to be attached to, and made part of, an existing or contemporaneously-executed Florida residential lease agreement (the “Lease”). Insert the fully-defined name of each party exactly as it appears in the Lease to preserve cross-document consistency.]

I. DOCUMENT HEADER

This Mold Disclosure, Prevention & Remediation Addendum (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME] (“Tenant”) with respect to the residential dwelling located at [PREMISES ADDRESS] (the “Premises”).

Recitals

A. Landlord and Tenant are parties to that certain [title of primary lease], dated [original lease date] (the “Lease”).
B. Florida law imposes on Landlord a non-waivable obligation to maintain the residential premises in compliance with the requirements of Fla. Stat. § 83.51(1).
C. Mold growth may pose health risks and can adversely affect the habitability of residential property.
D. The parties desire to set forth their respective rights, duties, and obligations concerning the disclosure, prevention, and remediation of mold at the Premises.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Table of Contents

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

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below (alphabetical order):

“Actual Damages” means compensatory damages directly arising from a proven breach of this Addendum and expressly excludes consequential, incidental, special, exemplary, or punitive damages.
“Excessive Moisture Condition” means the presence of water, moisture, or humidity indoors at levels reasonably likely to support Mold Growth, including but not limited to water intrusion, plumbing leaks, roof leaks, or condensation.
“Inspection” means a reasonable visual examination and, where warranted, moisture-meter reading or air sampling performed by a qualified mold assessor licensed under Fla. Stat. § 468.84.
“Mold” or “Mold Growth” means microscopic organisms or fungi that can grow on building materials when water is present, including mildew and spores visible or non-visible to the naked eye.
“Qualified Mold Remediator” means a person or entity duly licensed under Fla. Stat. § 468.84 et seq. to perform mold remediation in the State of Florida.
“Remediation” means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of Mold as prescribed by industry standards (ANSI/IICRC S520 or successor standard).

III. OPERATIVE PROVISIONS

3.1 Incorporation into Lease. This Addendum is hereby incorporated into and forms part of the Lease. In the event of a direct conflict, the more stringent or landlord-tenant law-compliant provision shall control.

3.2 Condition Precedent to Possession. Landlord shall deliver the Premises in a condition free of visible Mold Growth and free of known Excessive Moisture Conditions.

3.3 Disclosure of Known Mold Conditions.
(a) Landlord hereby [select one]:
 ☐ discloses that Landlord is aware of prior Mold Growth or remediation at the Premises, described in Exhibit A attached hereto; OR
 ☐ represents that Landlord has no actual knowledge of prior Mold Growth or remediation at the Premises.
(b) Tenant acknowledges receipt of any reports, photographs, or remediation clearance documents attached as Exhibit A.

3.4 Tenant Pre-Occupancy Inspection Right. Prior to taking possession, Tenant may conduct a walk-through Inspection of the Premises. Discovery of visible Mold Growth shall be promptly reported to Landlord in writing and, at Tenant’s election, may delay commencement of the Lease until Remediation is completed.

3.5 Ongoing Duty to Report. Tenant shall immediately—but in no event later than forty-eight (48) hours— notify Landlord in writing upon discovery of (i) visible Mold Growth, (ii) any Excessive Moisture Condition, or (iii) any HVAC, plumbing, or roof leak.

3.6 Access for Inspection & Remediation. Upon twenty-four (24) hours’ prior notice (except in emergencies), Tenant shall provide Landlord and any Qualified Mold Assessor or Remediator with access to the Premises to inspect, test, or remediate Mold as required under this Addendum or Fla. Stat. § 83.53(2).

3.7 Habitability; Temporary Relocation. If Remediation cannot be safely performed while Tenant occupies the Premises, Landlord may, at Landlord’s cost, temporarily relocate Tenant pursuant to Fla. Stat. § 83.51(1)(f)(lawful authority to close premises for repairs). Rent shall abate proportionally during any period Tenant is unable to access or reasonably use the affected portion of the Premises.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Representations. Landlord represents to Tenant that to the best of Landlord’s actual knowledge, after reasonable inquiry:
(a) Landlord has complied with all applicable building, housing, and health codes relating to water intrusion and mold prevention; and
(b) The Premises, on the Effective Date, is free from visible Mold Growth.

4.2 Tenant’s Representations. Tenant represents that:
(a) Tenant has received and reviewed (i) the EPA brochure “A Brief Guide to Mold, Moisture, and Your Home” or an equivalent publication, and (ii) any attached Exhibit A disclosures;
(b) Tenant agrees to comply with the Prevention Obligations in Section 5.1; and
(c) No member of Tenant’s household currently has a medically documented mold allergy [optional: or respiratory condition—delete if undesired] that materially interferes with occupancy, except as disclosed on Exhibit B.

4.3 Survival. The representations and warranties in this Section IV survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Tenant’s Prevention Obligations. Tenant shall:
(a) Maintain the Premises in a clean and dry condition, including regular use of bathroom exhaust fans and prompt cleanup of liquid spills;
(b) Operate HVAC equipment in accordance with manufacturer recommendations to maintain indoor relative humidity at or below 60%;
(c) Replace or clean HVAC filters at least every thirty (30) days, unless otherwise stated by filter manufacturer;
(d) Not block or cover HVAC supply or return vents;
(e) Not introduce water-producing appliances (e.g., portable humidifiers) without Landlord’s written consent; and
(f) Comply with any additional reasonable written mold-prevention rules promulgated by Landlord.

5.2 Landlord’s Remediation Covenant. Upon receipt of written notice under Section 3.5, Landlord shall, within a reasonable time not to exceed five (5) business days, (i) inspect the reported condition, and (ii) if Mold Growth or an Excessive Moisture Condition is confirmed, engage a Qualified Mold Remediator to commence Remediation in compliance with ANSI/IICRC S520 or successor standard and Florida licensing requirements.

5.3 Prohibited Tenant Actions. Tenant shall not undertake self-help mold remediation involving chemical agents or demolition without Landlord’s prior written consent.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes an “Event of Default”:
(a) Tenant’s failure to timely provide notice under Section 3.5;
(b) Tenant’s material breach of Prevention Obligations under Section 5.1;
(c) Landlord’s failure to initiate Remediation within the period specified in Section 5.2; or
(d) Either party’s violation of a material covenant herein that remains uncured for seven (7) days after written notice (or such shorter period as required by Fla. Stat. § 83.56 where health or safety is at risk).

6.2 Landlord Remedies. Upon Tenant’s Event of Default, Landlord may, subject to Fla. Stat. § 83.56, (i) deliver a seven-day notice to cure; (ii) perform necessary actions at Tenant’s cost; and/or (iii) pursue eviction or damages. Costs reasonably incurred to cure Tenant’s default constitute Additional Rent recoverable under the Lease.

6.3 Tenant Remedies. Upon Landlord’s Event of Default, Tenant may, after proper notice and opportunity to cure as required by Fla. Stat. § 83.56, (i) withhold rent as allowed by statute; (ii) arrange for Remediation and deduct Actual Damages; or (iii) terminate the Lease.

6.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorneys’ fees and costs as allowed by Fla. Stat. § 83.48.

VII. RISK ALLOCATION

7.1 Indemnification. Subject to the limitations herein, each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against all third-party claims, liabilities, and losses arising out of (i) the Indemnifying Party’s breach of this Addendum, or (ii) the negligent or willful acts or omissions of the Indemnifying Party, its occupants, guests, or contractors.

7.2 Limitation of Liability. EXCEPT FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE FOR ANY DAMAGES OTHER THAN ACTUAL DAMAGES.

7.3 Insurance. Landlord shall maintain property insurance covering structural elements of the Premises. Tenant is advised to obtain renters’ insurance covering personal property and additional living expenses.

7.4 Force Majeure. Performance shall be excused to the extent delayed or prevented by an event beyond the reasonable control of the affected party, including hurricanes, floods, or other natural disasters; provided, however, that this Section shall not relieve Landlord of the obligation to maintain habitability under Fla. Stat. § 83.51(1) once performance becomes reasonably practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the laws of the State of Florida, without regard to conflict-of-law rules.

8.2 Forum Selection. Exclusive venue shall lie in the county court of the Florida county where the Premises is located, sitting in its residential housing or landlord-tenant division, if any.

8.3 Arbitration Excluded. The parties expressly opt-out of any arbitration requirement. All disputes shall be resolved in the forum selected in Section 8.2.

8.4 Jury Trial. Nothing herein shall constitute a waiver of either party’s right to a trial by jury under Article I, § 22 of the Florida Constitution.

8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability or preservation of evidence concerning Mold Growth.

IX. GENERAL PROVISIONS

9.1 Amendments; Waivers. No amendment or waiver of any provision of this Addendum shall be effective unless in writing and signed by both parties.

9.2 Assignment. Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which may be conditioned on the assignee’s execution of this Addendum.

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

9.4 Severability. If any provision herein is held invalid or unenforceable, the remainder shall continue in full force and effect, and the offending provision shall be reformed to the minimum extent necessary to achieve its intent.

9.5 Integration. This Addendum, together with the Lease and any other addenda, constitutes the entire agreement on the matters set forth herein and supersedes all prior or contemporaneous oral or written agreements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Delivery of signatures by electronic means (e.g., DocuSign, PDF) shall be valid and binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Mold Disclosure, Prevention & Remediation Addendum as of the Effective Date.

[OPTIONAL NOTARY BLOCK – include if notarization is desired or required by local practice]

Exhibit A – Prior Mold Disclosure & Documentation

[If applicable, attach assessor reports, remediation certificates, photographs, etc.]

Exhibit B – Tenant Health Disclosure (optional)

[Attach description of any disclosed mold-related health conditions.]

[// GUIDANCE:
1. Review local county or municipal ordinances for any additional mold-specific requirements.
2. Confirm that any referenced mold assessor or remediator holds a current Florida mold license under Fla. Stat. § 468.84.
3. Attach the EPA brochure (or Florida Department of Health equivalent) to satisfy best-practice disclosure standards.
4. Consider adding Spanish-language translation if a significant portion of tenant population is LEP (Limited English Proficiency) to enhance accessibility compliance.
]