RESIDENTIAL LEASE ADDENDUM
Mold Disclosure, Prevention, and Remediation Agreement
(Idaho Residential Tenancy)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties. This Mold Disclosure, Prevention, and Remediation Addendum (“Addendum”) is entered into as of the Effective Date (defined below) by and between [LANDLORD NAME], (“Landlord”), and [TENANT NAME], (“Tenant”), each a “Party” and, collectively, the “Parties.”
1.2 Premises. This Addendum pertains to the residential real property commonly known as [RENTAL PROPERTY ADDRESS] (the “Premises”) and is incorporated by reference into that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”).
1.3 Consideration & Purpose. The Parties enter into this Addendum in consideration of their mutual promises and the rent provided under the Lease, and to satisfy all disclosure, prevention, and remediation obligations concerning indoor mold required under Idaho landlord-tenant law and applicable public-health guidance.
1.4 Effective Date. The “Effective Date” of this Addendum is [DATE], or the commencement date of Tenant’s possession of the Premises, whichever occurs first.
1.5 Hierarchy. If any term of this Addendum conflicts with the Lease, the term of this Addendum controls with respect to mold-related matters. All capitalized terms not defined herein have the meanings given in the Lease.
2. DEFINITIONS
2.1 “Affected Area” means any location within the Premises in which Mold Growth is present or reasonably suspected.
2.2 “Habitability Standards” means those minimum conditions of habitability imposed by Idaho landlord-tenant law, local housing codes, and any written health or building department directives.
2.3 “Mold” means any form of microscopic fungus, including mold spores and fragments, that can grow on various surfaces and may cause adverse health effects.
2.4 “Mold Growth” means the visible or detectable presence of Mold or the condition(s) that facilitate Mold proliferation, such as excess moisture, water intrusion, or inadequate ventilation.
2.5 “Professional Remediation” means mold assessment and removal conducted by a remediation contractor trained and certified pursuant to industry-standard guidelines (e.g., IICRC S520).
2.6 “Remediation Protocol” means the step-by-step procedure for abatement of Mold Growth as set forth in Section 3.4.
3. OPERATIVE PROVISIONS
3.1 Mandatory Disclosure.
(a) Prior to Tenant’s execution of this Addendum, Landlord has provided Tenant with:
(i) A written statement disclosing whether Landlord has actual knowledge of any existing Mold Growth in the Premises; and
(ii) The current U.S. Environmental Protection Agency (EPA) brochure “A Brief Guide to Mold, Moisture, and Your Home,” or an equivalent Idaho-approved information sheet (collectively, the “Mold Information Materials”).
(b) Tenant acknowledges receipt of the Mold Information Materials by initialing here: Tenant Initials ____.
3.2 Habitability & Duty to Maintain. Landlord shall deliver the Premises free of known Mold Growth and in compliance with Habitability Standards. Tenant shall at all times maintain the Premises in a manner that prevents Mold Growth as more fully set forth in Section 5.2.
3.3 Inspection Rights. Upon no less than twenty-four (24) hours’ prior notice (except in case of emergency), Landlord or Landlord’s agent may enter the Premises to inspect for water intrusion, excess moisture, or visible Mold Growth.
3.4 Remediation Protocol.
(a) Immediate Action. Within five (5) business days after actual notice of Mold Growth, Landlord shall:
1. Perform, or cause to be performed, an inspection of the Affected Area;
2. Isolate the Affected Area to prevent cross-contamination; and
3. Eliminate the underlying moisture source.
(b) Professional Remediation. If Mold Growth exceeds ten (10) contiguous square feet, Landlord shall engage Professional Remediation and provide Tenant with a written remediation schedule.
(c) Clearance. Remediation is complete when the Affected Area passes a clearance inspection or testing performed pursuant to industry-standard guidelines.
(d) Relocation. If Professional Remediation requires Tenant to vacate the Premises for more than forty-eight (48) hours, Landlord shall offer either: (i) temporary comparable housing at Landlord’s cost; or (ii) an abatement of daily rent for the affected period.
3.5 Cost Allocation. Costs of Remediation shall be borne as set forth in Section 7.1.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. To the best of Landlord’s actual knowledge as of the Effective Date:
(a) No visible Mold Growth exists in the Premises; and
(b) All plumbing, HVAC, and building envelope components are in good repair and free of leaks that could reasonably lead to Mold Growth.
4.2 Tenant’s Representations. Tenant represents that:
(a) Tenant has inspected the Premises and found no visible Mold Growth as of the Effective Date; and
(b) Tenant is not aware of any medical condition that would be materially exacerbated by ordinary indoor environmental conditions existing at the Premises.
4.3 Survival. Each representation and warranty in this Section 4 survives the termination or expiration of the Lease for twelve (12) months.
5. COVENANTS & RESTRICTIONS
5.1 Landlord’s Covenants. Landlord shall:
(a) Maintain roofing, plumbing, windows, doors, foundations, and HVAC systems in a condition that prevents water intrusion and excess moisture;
(b) Promptly respond to Tenant’s written repair requests concerning leaks, water damage, or suspected Mold Growth, in no event later than seventy-two (72) hours after receipt; and
(c) Maintain records of inspections, repairs, and remediation activities for a minimum of four (4) years.
5.2 Tenant’s Covenants. Tenant shall:
(a) Operate heating, ventilation, fans, and exhaust systems to keep indoor humidity below sixty percent (60%);
(b) Promptly notify Landlord—in writing and within twenty-four (24) hours—of any water intrusion, plumbing leak, or visible Mold Growth;
(c) Immediately clean minor surface mold (less than ten (10) square feet) on non-porous surfaces with household cleaners, unless contraindicated by health conditions;
(d) Maintain the Premises in a clean condition and avoid activities that produce excessive moisture (e.g., unvented kerosene heaters, drying wet clothing indoors without ventilation); and
(e) Not paint over or conceal Mold Growth.
5.3 Alterations. Tenant shall not install humidifiers, aquariums in excess of twenty (20) gallons, or other moisture-producing devices without Landlord’s prior written consent.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Tenant Default. Any failure by Tenant to comply with Section 5.2 that results in Mold Growth constitutes a material default.
(b) Landlord Default. Any failure by Landlord to comply with Section 5.1 or 3.4 constitutes a material default.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default and allow the defaulting Party:
• Tenant: three (3) calendar days to cure;
• Landlord: five (5) business days to commence cure (or sooner if required to meet Habitability Standards).
6.3 Remedies.
(a) Tenant Remedies. If Landlord fails to cure, Tenant may exercise any remedies available under Idaho landlord-tenant law, including but not limited to rent abatement, termination, and injunctive relief to compel habitability repairs.
(b) Landlord Remedies. If Tenant fails to cure, Landlord may (i) remediate at Tenant’s expense; (ii) declare a default under the Lease; and/or (iii) pursue eviction for waste or non-compliance.
(c) Attorneys’ Fees. The prevailing Party in any action arising from this Addendum is entitled to reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from any actual damages, liabilities, and costs (including reasonable attorneys’ fees) arising from Mold Growth caused by Tenant’s breach of Section 5.2.
(b) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from any actual damages, liabilities, and costs arising from Mold Growth caused by Landlord’s breach of Section 5.1 or failure to undertake timely Remediation.
7.2 Limitation of Liability. Except for willful misconduct or personal injury directly caused by a Party, each Party’s liability under this Addendum is limited to actual, direct damages and expressly excludes consequential, incidental, punitive, or speculative damages.
7.3 Insurance.
(a) Landlord shall maintain property insurance covering the structure and any Professional Remediation costs.
(b) Tenant is strongly encouraged, but not required, to obtain renter’s insurance covering personal property damage due to Mold Growth.
[// GUIDANCE: Verify policy exclusions for mold and recommend endorsements where available.]
7.4 Force Majeure. Neither Party is liable for Mold Growth attributable solely to catastrophic flooding, earthquakes, or other events beyond the reasonable control of the responsible Party, provided such Party acts with reasonable diligence to mitigate resulting damage.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any disputes related hereto are governed by the laws governing landlord-tenant relations in the State of Idaho, without regard to conflicts-of-law rules.
8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the [COUNTY NAME] County Housing Court of the State of Idaho (or any successor court with subject-matter jurisdiction).
8.3 Arbitration. The Parties expressly exclude binding arbitration for disputes arising under this Addendum.
8.4 Jury Trial. EACH PARTY HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY ONLY AS TO CLAIMS SO PERMITTED BY IDAHO LAW AND NOT OTHERWISE.
[// GUIDANCE: Some Idaho courts scrutinize jury-waiver clauses; consider obtaining separate, handwritten Tenant initials.]
8.5 Injunctive Relief. Nothing in this Section 8 limits either Party’s right to seek emergency or preliminary injunctive relief to enforce Habitability Standards or prevent imminent harm.
9. GENERAL PROVISIONS
9.1 Amendments. Any modification to this Addendum must be in a writing signed by both Parties.
9.2 Waiver. A Party’s failure to enforce any provision is not a waiver unless in writing and signed. No waiver constitutes a continuing waiver.
9.3 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent.
9.4 Successors & Assigns. Subject to Section 9.3, this Addendum binds and benefits the Parties and their respective successors and permitted assigns.
9.5 Severability. If any provision is adjudicated invalid or unenforceable, the remaining provisions remain in full force; the invalid provision will be reformed to the minimum extent necessary to render it enforceable.
9.6 Integration. This Addendum, together with the Lease and any attachments, constitutes the entire agreement on mold-related matters and supersedes all prior oral or written statements.
9.7 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original and, together, one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are valid and binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.
Landlord:
[LANDLORD NAME]
Date: ____
Tenant(s):
1. ____
[TENANT NAME]
Date: _____
-
[ADDITIONAL TENANT NAME, if any]
Date: ________
[OPTIONAL NOTARY ACKNOWLEDGMENT – Attach if required by local rule]
[// GUIDANCE TO PRACTITIONER:
1. Insert any county- or city-specific disclosure forms required by local health departments.
2. Review Remediation Protocol time frames in light of emergency-repair statutes and insurance policy conditions.
3. Confirm that the Lease’s notice provisions align with the shorter cure periods in Section 6.2.
4. For multi-unit properties, provide tenants with building-wide mold maintenance policies to ensure consistent enforcement.
5. Consider a separate “Move-In Mold Inspection Checklist” to be signed concurrently.]