MOLD DISCLOSURE & PREVENTION ADDENDUM

to Residential Lease Agreement

State of Georgia

[// GUIDANCE: Attach this Addendum to the underlying Residential Lease Agreement (the “Lease”). Cross-reference the defined term “Lease” in both documents for consistency.]

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 & Prevention Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
a. Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] with its principal office at [LANDLORD ADDRESS] (“Landlord”); and
b. Tenant: [TENANT LEGAL NAME], currently residing at [PROPERTY ADDRESS] (“Tenant”).

1.2 Recitals.
A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential property commonly known as [PROPERTY ADDRESS] (the “Premises”).
B. Georgia law (including, without limitation, O.C.G.A. §§ 44-7-13 & 44-7-14) imposes duties upon Landlord to keep the Premises in repair and addresses liability for failure to do so.
C. The parties desire to supplement the Lease to address mold disclosure, prevention, and remediation obligations in accordance with applicable Georgia law and industry best practices.

1.3 Consideration.
The mutual covenants contained herein, together with the consideration specified in the Lease, constitute adequate and sufficient consideration for this Addendum.

1.4 Incorporation & Hierarchy.
This Addendum is hereby incorporated into the Lease. In the event of a direct conflict between this Addendum and the Lease, this Addendum shall control solely with respect to mold-related matters.

2. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below:

“Addendum” has the meaning set forth in Section 1.
“Applicable Law” means all federal, state, and local statutes, codes, regulations, and ordinances governing habitability and mold, including, without limitation, O.C.G.A. Title 44, Chapter 7.
“Authorized Remediation Contractor” means a contractor certified in mold assessment or remediation in accordance with current industry standards (e.g., ANSI/IICRC S520) and duly licensed to operate in the State of Georgia.
“Habitability Standards” means the minimum standards for safe, sanitary, and fit habitation imposed by Applicable Law.
“Mold Condition” means visible mold growth, sustained musty odor, or airborne mold spore concentration exceeding normal indoor levels as determined by an industrial hygienist or equivalent professional.
“Moisture Intrusion Event” means any leak, flooding, condensation, or elevated relative humidity likely to promote mold growth.
“Premises” has the meaning set forth in the Lease.
“Tenant” has the meaning set forth in Section 1.1(b).

[// GUIDANCE: Add or delete definitions as required by the specific property or transaction.]

3. OPERATIVE PROVISIONS

3.1 Landlord’s Initial Disclosure.
a. To the best of Landlord’s knowledge, as of the Effective Date:
i. The Premises (check one): ☐ contain ☐ do not contain a Mold Condition.
ii. Any prior Moisture Intrusion Event has been fully remediated in accordance with industry standards.
b. Landlord provides Tenant with the “EPA Mold Remediation in Schools and Commercial Buildings” and “A Brief Guide to Mold, Moisture, and Your Home” publications, receipt of which Tenant acknowledges.

3.2 Tenant’s Inspection & Acknowledgment.
Tenant acknowledges receiving possession of the Premises in a clean, sanitary, and dry condition and agrees that no Mold Condition is presently observed except as disclosed in an attached schedule, if any.

3.3 Ongoing Duty to Prevent Mold.
a. Landlord shall:
i. Maintain the roof, exterior walls, plumbing, and HVAC to minimize moisture ingress.
ii. Inspect common areas semi-annually for Mold Conditions and promptly remedy any discovered issues.
b. Tenant shall:
i. Operate bathroom and range exhaust fans when in use and maintain interior relative humidity below 60%.
ii. Promptly (within 24 hours) notify Landlord in writing of any Moisture Intrusion Event or suspected Mold Condition.
iii. Maintain the Premises in a clean and sanitary condition, free of undue moisture and trash.

3.4 Remediation Procedures.
a. Upon written notice from Tenant of a suspected Mold Condition, Landlord shall, within three (3) business days, initiate an inspection by an Authorized Remediation Contractor.
b. If a Mold Condition is confirmed, Landlord shall, within five (5) business days of confirmation:
i. Provide Tenant with a written remediation plan.
ii. Commence remediation in accordance with ANSI/IICRC S520 or its successor standard.
iii. Bear the reasonable, documented cost of remediation, except to the extent caused by Tenant’s breach of Section 3.3(b).
c. Tenant shall provide reasonable cooperation and access for inspection and remediation.
d. Where remediation renders the Premises temporarily uninhabitable, Rent shall abate on a pro rata basis for the period of displacement, unless Tenant’s negligence caused the Mold Condition.

3.5 Habitability & Termination.
If Landlord fails to remediate a confirmed Mold Condition within thirty (30) days after written notice, Tenant may, as Tenant’s exclusive remedy, terminate the Lease upon ten (10) days’ additional written notice.

4. REPRESENTATIONS & WARRANTIES

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

4.2 Landlord’s Limited Warranty.
Landlord warrants that, as of the Effective Date and to Landlord’s actual knowledge, the Premises comply with Habitability Standards and are free of any known Mold Condition not otherwise disclosed herein.

4.3 Disclaimer of Additional Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM OR AS REQUIRED BY APPLICABLE LAW, LANDLORD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRESENCE OR ABSENCE OF MOLD.

4.4 Survival.
The warranties in this Section 4 survive the expiration or earlier termination of the Lease for twelve (12) months.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant.
Tenant shall strictly comply with Section 3.3(b) and immediately clean and dry any minor water spills.

5.2 Negative Covenants of Tenant.
Tenant shall not:
a. Paint over, conceal, or otherwise mask visible mold;
b. Disable HVAC or ventilation systems; or
c. Introduce any water-producing appliance (e.g., aquarium exceeding 20 gallons) without prior written consent of Landlord.

5.3 Compliance Monitoring.
Landlord may, on forty-eight (48) hours’ notice (except in emergencies), enter the Premises to verify compliance with mold-related obligations.

6. DEFAULT & REMEDIES

6.1 Events of Default.
a. Tenant Default. Failure to comply with Sections 3.3(b) or 5 constitutes a default if not cured within five (5) days after written notice.
b. Landlord Default. Failure to remediate as required by Section 3.4 constitutes a default if not cured within ten (10) days after written notice.

6.2 Remedies.
a. In the event of Tenant default, Landlord may (i) perform Tenant’s obligations at Tenant’s expense, and/or (ii) exercise rights and remedies under the Lease.
b. In the event of Landlord default, Tenant may pursue the remedies set forth in Section 3.5 in addition to any other remedies available at law or in equity.

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

7. RISK ALLOCATION

7.1 Indemnification.
a. Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, damages, and expenses (including reasonable attorneys’ fees) arising from Tenant’s breach of this Addendum or Tenant’s negligent or willful misconduct concerning mold or moisture.
b. Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from and against all claims, damages, and expenses arising from Landlord’s failure to comply with its obligations under Sections 3.3(a) or 3.4.

7.2 Limitation of Liability.
In no event shall either party be liable to the other for consequential, special, or punitive damages arising out of this Addendum; liability is limited to actual, direct damages, except to the extent such limitation is prohibited by Applicable Law.

7.3 Insurance.
Landlord shall maintain property insurance covering the Premises and comprehensive general liability insurance. Tenant is encouraged, but not required, to obtain renter’s insurance covering personal property and loss of use.

7.4 Force Majeure.
Neither party is liable for delay or failure in performance caused by events beyond its reasonable control (excluding financial incapacity), provided that the impacted party gives prompt written notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum and the Lease are governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-laws principles.

8.2 Forum Selection.
The parties consent to the exclusive jurisdiction of the [INSERT COUNTY] Magistrate or State Court (or any successor housing court) having subject-matter jurisdiction over residential landlord-tenant disputes.

8.3 Arbitration.
The parties expressly agree that arbitration is excluded; any dispute shall be resolved in the forum specified in Section 8.2.

8.4 Jury Trial.
Nothing in this Addendum or the Lease shall be construed as a waiver of either party’s constitutional right to a trial by jury.

8.5 Injunctive Relief.
Nothing herein limits either party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce Habitability Standards or prevent irreparable harm relating to mold.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers.
No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both parties. A waiver on one occasion does not constitute a waiver on any subsequent occasion.

9.2 Assignment & Delegation.
Tenant may not assign its interest in this Addendum or delegate performance without Landlord’s prior written consent. Any prohibited assignment is void.

9.3 Successors & Assigns.
This Addendum binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns.

9.4 Severability.
If any provision of this Addendum is held unenforceable, the remainder shall be enforced to the fullest extent permitted by law, and the invalid provision shall be reformed to the minimum extent necessary to effect 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 agreements on the subject.

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

10. EXECUTION BLOCK

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

[Optional Notary Acknowledgment Block – complete if required by local practice.]

[// GUIDANCE:
1. Consult local county ordinances for any additional mold disclosure forms.
2. Confirm the timeline in Section 3.4 complies with any municipal housing codes in the jurisdiction where the Premises are located.
3. Attach any inspection reports or remediation certificates as schedules to strengthen defensibility.
4. Review insurance policies to ensure coverage aligns with Sections 7.1–7.3.
]