RESIDENTIAL LEASE ADDENDUM

MOLD DISCLOSURE, PREVENTION & REMEDIATION

(State of Iowa)

[// GUIDANCE: This template is designed to be attached to and incorporated into a residential lease governed by the Iowa Uniform Residential Landlord and Tenant Act (“URLTA”). Replace all bracketed items in ALL-CAPS with deal-specific information and delete this guidance block prior to execution.]

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 Title. This Residential Lease Addendum – Mold Disclosure, Prevention & Remediation (this “Addendum”) is made part of and incorporated into that certain Residential Lease Agreement dated [EFFECTIVE DATE] (the “Lease”) between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant”) for the residential dwelling located at [PROPERTY ADDRESS] (the “Premises”).

2. Recitals.
   a. Landlord and Tenant desire to supplement the Lease to establish disclosure, prevention, and remediation requirements regarding mold, mildew, and other microbial growth.
   b. This Addendum is entered into in consideration of the mutual covenants set forth herein and in the Lease.

3. Jurisdiction. This Addendum shall be governed by and construed in accordance with the residential landlord-tenant laws of the State of Iowa. All capitalized terms not defined herein have the meanings given in the Lease.

II. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings indicated:

“Actual Damages” – The direct, out-of-pocket losses proximately caused by a breach of this Addendum, excluding any special, consequential, incidental, or punitive damages.

“Excessive Moisture Condition” – The presence of visible water, persistent dampness, or humidity at a level that could reasonably support Mold Growth.

“Mold” – Any microscopic fungi, mildew, or bacterial growth visible to the unaided eye or confirmed by an accredited laboratory analysis.

“Mold Condition” – The presence of Mold or Excessive Moisture Condition within the Premises.

“Mold Remediation” – Assessment, containment, removal, and disposal of Mold, together with measures reasonably calculated to correct the underlying moisture source.

“Notification” – Written notice delivered in accordance with Section IX of the Lease.

“Premises” – The leased dwelling unit, interior airspace, appurtenant structures, and mechanical systems serving the dwelling unit.

III. OPERATIVE PROVISIONS

3.1 Disclosure of Known Mold.
a. Landlord represents that, as of the Effective Date, Landlord has [check one]:
☐ no actual knowledge of any Mold Condition; or
☐ actual knowledge of Mold Condition(s) described on Exhibit A attached hereto.

3.2 Initial Inspection & Tenant Acknowledgment.
a. Prior to occupancy, Tenant (or Tenant’s representative) has been provided an opportunity to visually inspect the Premises and acknowledges receipt of any disclosures made under Section 3.1.
b. Tenant has received and reviewed Landlord’s educational brochure entitled “Mold: A Guide for Tenants” attached as Exhibit B.

3.3 Ongoing Duty to Monitor.
a. Tenant shall maintain the Premises in a manner that prevents the accumulation of moisture and Mold, including but not limited to:
i. Promptly wiping up spills and condensation;
ii. Operating exhaust fans during and after bathing or cooking;
iii. Maintaining interior temperature and ventilation as reasonably necessary to inhibit Mold Growth.
b. Landlord shall maintain the structural, plumbing, and HVAC systems of the Premises in good repair and free of chronic water intrusion consistent with Iowa Code § 562A.15(1) (2023).

3.4 Reporting Requirement.
Tenant shall provide Notification to Landlord of any suspected Mold Condition within forty-eight (48) hours of discovery.

3.5 Remediation Procedure.
a. Upon receipt of Tenant’s Notification or Landlord’s discovery of a Mold Condition, Landlord shall, within five (5) business days:
i. Inspect the reported area; and
ii. Deliver written findings to Tenant.
b. If a Mold Condition is confirmed, Landlord shall commence Mold Remediation within seven (7) business days (or sooner if required by law or to avoid imminent risk to health or safety) and pursue the same to completion with commercially reasonable diligence.
c. During Mold Remediation, Landlord may temporarily relocate Tenant pursuant to Section 6.5 of the Lease or as otherwise agreed in writing; rent shall abate proportionally for any period Tenant is denied reasonable use of affected portions of the Premises.

3.6 Tenant Cooperation.
Tenant shall grant reasonable access to Landlord’s authorized contractors, comply with safety instructions, and remove or protect personal property as necessary to facilitate Mold Remediation.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents it has the full right and authority to enter into this Addendum.

4.2 Environmental Compliance. Landlord warrants that all Mold Remediation will be performed in accordance with applicable federal, state, and local regulations and generally-accepted industry standards (e.g., ANSI/IICRC S520).

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

V. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants.
a. Tenant shall not disable HVAC or ventilation systems except for ordinary maintenance.
b. Tenant shall not introduce materials (e.g., unvented heaters, aquariums over [___] gallons) that materially increase interior humidity without Landlord’s consent.

5.2 Landlord Covenants.
Landlord shall keep roof, windows, doors, foundation, and plumbing in weather-tight, water-tight, and structurally sound condition, consistent with Section 3.3(b).

5.3 Prohibition on Unilateral Alterations.
Tenant shall not self-perform Mold Remediation or apply biocides without Landlord’s written consent, except for minor cleaning with household detergents.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Tenant’s failure to timely provide Notification under Section 3.4.
b. Tenant’s failure to comply with Section 3.6 or 5.1.
c. Landlord’s failure to commence or diligently pursue Mold Remediation as required by Section 3.5.

6.2 Notice & Cure.
The non-defaulting Party shall give written notice specifying the default and allow a cure period of:
i. Seventy-two (72) hours for health-or-safety emergencies; or
ii. Seven (7) calendar days for all other defaults.

6.3 Remedies.
a. If Landlord defaults, Tenant may:
i. Seek injunctive relief to compel performance;
ii. Abate rent pursuant to Iowa Code § 562A.24; and/or
iii. Terminate the Lease as provided therein.
b. If Tenant defaults, Landlord may:
i. Recover Actual Damages; and
ii. Exercise any remedy available under the Lease or applicable law.

6.4 Attorney Fees.
The prevailing Party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and costs as allowed by law.

VII. RISK ALLOCATION

7.1 Indemnification.
a. Tenant shall indemnify, defend, and hold harmless Landlord, its agents and employees, from and against all claims, liabilities, and Actual Damages arising out of Tenant’s breach of this Addendum or negligent acts or omissions regarding moisture control or Mold prevention.
b. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, liabilities, and Actual Damages arising out of Landlord’s breach of this Addendum or negligent failure to remediate a known Mold Condition.

7.2 Limitation of Liability.
Except for bodily injury, fraud, or willful misconduct, each Party’s aggregate liability under this Addendum is limited to Actual Damages.

7.3 Insurance.
a. Landlord shall maintain property and liability insurance customary for similar properties.
b. Tenant is advised to carry renter’s insurance covering personal property loss due to water or Mold.

7.4 Force Majeure.
Neither Party shall be liable for delay or failure to perform Mold Remediation caused by events beyond its reasonable control (e.g., utility outages, governmental orders), provided the affected Party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the residential landlord-tenant laws of the State of Iowa without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the Iowa District Court for [COUNTY] County, Housing Division (or its successor “state housing court”).

8.3 Arbitration. Arbitration is expressly excluded.

8.4 Jury Trial. Nothing in this Addendum waives the constitutional right to a trial by jury.

8.5 Equitable Relief. Either Party may seek injunctive or other equitable relief to enforce habitability obligations or prevent irreparable harm.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification of this Addendum is effective unless in writing signed by both Parties. Waiver of any breach is not a waiver of any subsequent breach.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as otherwise provided by law.

9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, and permitted assigns.

9.4 Severability & Reformation. If any provision is held invalid, the remainder shall remain enforceable, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.

9.5 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 agreements on the subject.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., via PDF or DocuSign®) are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the last date written below.

[Notary blocks or witness lines, if required by local practice, may be inserted here.]

EXHIBIT A

Disclosure of Known Mold Conditions
[Describe location, extent, and status of any known Mold Condition or write “None.”]

EXHIBIT B

Mold: A Guide for Tenants
[Attach informational brochure—commonly available from EPA or state health department—educating tenants on mold prevention and health effects.]