MOLD DISCLOSURE & PREVENTION ADDENDUM

(to Residential Lease Agreement – Illinois)

[// GUIDANCE: This Addendum is designed to be attached to and made part of an existing Illinois residential lease. Place it immediately after the signature page of the Lease or incorporate the signature block herein if executing concurrently.]

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

Addendum Title: Mold Disclosure & Prevention Addendum (the “Addendum”)
Parties:
• “Landlord”: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
• “Tenant(s)”: [TENANT LEGAL NAME(S)]
Lease Reference: Residential Lease dated [LEASE DATE] for the premises commonly known as [PROPERTY ADDRESS] (the “Lease”).
Effective Date: [EFFECTIVE DATE] (the “Effective Date”).
Jurisdiction: State of Illinois.

Recitals

A. The Parties entered into the Lease for the Premises identified above.
B. Illinois law imposes duties on both landlords and tenants concerning habitability and indoor environmental conditions, including the presence and remediation of mold.
C. The Parties desire to supplement the Lease to allocate responsibilities, disclose material information, and establish procedures regarding mold, moisture intrusion, and indoor air quality.

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. Terms defined in the Lease and used herein shall have the meanings ascribed to them in the Lease unless expressly modified herein.

“Applicable Law” – All federal, state, county, and municipal statutes, ordinances, regulations, and codes governing habitability, mold, and indoor air quality applicable to the Premises, including any successor provisions.

“Habitability Standards” – The minimum requirements for safe and sanitary housing under Illinois common law implied warranty of habitability and any applicable local housing codes.

“Mold” – Any form of microscopic fungi, mold, mildew, or spores that can grow on damp surfaces.

“Notice” – Written notice delivered in accordance with Section IX(D) (Notices) of this Addendum.

“Professional Mold Remediator” – A person or entity duly licensed or certified (if required by Applicable Law) and regularly engaged in mold assessment and remediation services.

“Remediation” – Actions taken to evaluate, contain, remove, and treat Mold contamination, including underlying moisture control.

“Water Intrusion” – The unintended or excessive penetration of water, moisture, or humidity into the Premises from any source.

III. OPERATIVE PROVISIONS

1. Incorporation. This Addendum is incorporated into and made part of the Lease. To the extent of any conflict, the terms of this Addendum shall control with respect to Mold, Water Intrusion, and indoor air quality matters.

2. Disclosure of Known Conditions.
   a. Landlord represents that, as of the Effective Date, Landlord has:
   i. [ ] No actual knowledge of existing visible Mold or Water Intrusion at the Premises; or
   ii. [ ] Actual knowledge of Mold or Water Intrusion conditions described on Exhibit A (attached).
   b. Tenant acknowledges receipt and review of any disclosures attached hereto.

3. Pre-Occupancy Inspection. Tenant confirms that Tenant has been afforded an opportunity to visually inspect all accessible areas of the Premises for Mold or Water Intrusion before occupancy. Tenant shall complete, sign, and return the Inspection Checklist attached as Exhibit B within [INSPECTION PERIOD] days after the Commencement Date, noting any observed Mold or Water Intrusion. Failure to timely return the Checklist shall be deemed confirmation that Tenant observed no Mold or Water Intrusion during inspection.

4. Ongoing Monitoring and Reporting. Tenant shall promptly (and in any event within forty-eight (48) hours) provide Landlord with Notice of:
   a. Any Water Intrusion, excessive moisture, or visible Mold;
   b. Any malfunction of HVAC, plumbing leaks, roof leaks, window or door seal failures, or similar conditions likely to produce moisture;
   c. Any medical condition or complaint by occupants that reasonably may indicate indoor air quality issues.

5. Access for Inspection/Remediation. Upon at least twenty-four (24) hours’ Notice (except in emergencies, in which case reasonable Notice under the circumstances is sufficient), Tenant shall provide Landlord, Landlord’s agents, and Professional Mold Remediators reasonable access to the Premises for inspection, testing, and Remediation.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Representations. Landlord represents and warrants that:
   a. All prior Remediation, if any, was performed in a commercially reasonable manner and in compliance with Applicable Law;
   b. The Premises, to Landlord’s knowledge, complies with Habitability Standards as of the Effective Date.

2. Tenant Representations. Tenant represents that:
   a. Tenant has received and understands EPA publication “A Brief Guide to Mold, Moisture, and Your Home” (or a substantially similar brochure) provided by Landlord;
   b. Tenant is not aware of any condition promoting Mold growth at the Premises other than those disclosed on Exhibit B.

3. Survival. The representations and warranties contained in this Addendum shall survive the termination or expiration of the Lease for a period of one (1) year, solely with respect to conditions first occurring or discovered during the Lease Term.

V. COVENANTS & RESTRICTIONS

1. Landlord Covenants. Landlord shall:
   a. Maintain the Premises in compliance with Habitability Standards;
   b. Respond to Tenant’s Notice of Mold or Water Intrusion within [RESPONSE PERIOD] business days and commence Remediation within [REMEDIATION COMMENCEMENT PERIOD] business days thereafter;
   c. Perform Remediation in accordance with industry standards (e.g., ANSI/IICRC S520) and Applicable Law;
   d. Provide Tenant with written clearance documentation from a Professional Mold Remediator upon completion of Remediation.

2. Tenant Covenants. Tenant shall:
   a. Use reasonable efforts to prevent Mold growth by (i) maintaining interior temperature and humidity at normal levels, (ii) running bathroom and kitchen exhaust fans during and after moisture-generating activities, and (iii) promptly drying any accidental spills;
   b. Refrain from blocking HVAC vents or inhibiting airflow around windows or exterior walls;
   c. Immediately report Water Intrusion or visible Mold as required under Section III(4);
   d. Cooperate with Landlord’s inspection and Remediation efforts, including temporary relocation or protective measures when reasonably necessary.

3. Restrictions. Tenant shall not:
   a. Introduce or store items (e.g., unvented gas heaters, aquariums without proper containment, or excessive houseplants) that materially increase indoor humidity;
   b. Attempt self-remediation involving structural components or hidden cavities without Landlord’s prior written consent.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Tenant Default. Any failure by Tenant to (i) deliver required Notice of Mold or Water Intrusion, (ii) comply with Tenant Covenants under Section V(2), or (iii) grant reasonable access under Section III(5), after ten (10) days’ written demand to cure, constitutes a material default.
   b. Landlord Default. Failure by Landlord to comply with Section V(1) constitutes a material default after ten (10) days’ written demand to cure (or such longer period as may be reasonably required to complete Remediation, provided Landlord commences and diligently pursues Remediation).

2. Remedies.
   a. If Tenant Default: Landlord may pursue all remedies available under the Lease and Applicable Law, including damages for additional remediation costs caused by Tenant’s breach.
   b. If Landlord Default: Tenant may exercise rights and remedies under the Lease and Applicable Law, including injunctive relief to enforce Habitability Standards and, where permitted by law, rent abatement limited to the portion of the Premises rendered uninhabitable.
   c. Attorney Fees. The prevailing party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and costs as permitted by law.

VII. RISK ALLOCATION

1. Indemnification.
   a. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and liabilities arising out of (i) Landlord’s breach of this Addendum, or (ii) pre-existing or structural Mold conditions not caused or contributed to by Tenant.
   b. Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, losses, and liabilities arising out of Tenant’s breach of this Addendum or negligent acts that contribute to Mold growth.

2. Limitation of Liability. Except for willful misconduct or gross negligence, neither Party shall be liable for punitive, speculative, or consequential damages; liability is limited to actual, direct damages.

3. Insurance. Landlord shall maintain property insurance covering mold-related damage if commercially available at reasonable cost. Tenant is strongly encouraged to obtain renters’ insurance that includes mold-related personal property coverage.
   [// GUIDANCE: Confirm with carriers whether mold coverage is excluded or sub-limited.]

4. Force Majeure. No Party shall be liable for delay or failure to perform obligations (excluding payment of rent) due to causes beyond its reasonable control, including but not limited to natural disasters or governmental restrictions, provided the affected Party gives prompt Notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

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

2. Forum Selection. The Parties consent to the exclusive jurisdiction of the state court of competent jurisdiction sitting in the Housing Division (or its functional equivalent) of [COUNTY] County, Illinois.

3. Arbitration. Arbitration is expressly excluded.

4. Jury Trial. EACH PARTY ACKNOWLEDGES THAT THE ILLINOIS CONSTITUTION GUARANTEES THE RIGHT TO A TRIAL BY JURY IN CERTAIN CASES AND AGREES THAT NO PROVISION OF THIS ADDENDUM OR THE LEASE SHALL BE CONSTRUED AS A WAIVER OF SUCH RIGHT.

5. Injunctive Relief. Nothing in this Section shall limit a Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce Habitability Standards or prevent irreparable harm.

IX. GENERAL PROVISIONS

A. Amendments and Waivers. No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both Parties. No waiver of any breach shall be deemed a waiver of any subsequent breach.

B. Assignment. Tenant may not assign, sublease, or transfer rights under this Addendum except in accordance with the Lease.

C. Successors and Assigns. This Addendum shall bind and inure to the benefit of the Parties and their respective heirs, successors, personal representatives, and permitted assigns.

D. Notices. All Notices required or permitted under this Addendum shall be in writing and delivered to the Notice Address(es) set forth in the Lease (or any updated address provided in writing) by (i) certified mail return receipt requested, (ii) nationally recognized overnight courier, or (iii) personal delivery with signed receipt. Electronic mail alone is insufficient unless expressly agreed in writing.

E. Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it valid and enforceable.

F. 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 or contemporaneous agreements or understandings, whether oral or written, concerning such subject matter.

G. Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile, PDF, or compliant electronic signature platform shall be deemed originals.

X. EXECUTION BLOCK

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

[Notary acknowledgment if required under local ordinance]

EXHIBIT A

Landlord’s Disclosure of Known Mold or Water Intrusion Conditions
[Attach description or mark “None.”]

EXHIBIT B

Tenant Pre-Occupancy Mold & Moisture Inspection Checklist
[Attach checklist for Tenant completion.]

[// GUIDANCE: Insert county-specific or municipal mold ordinances here if any (e.g., City of Chicago Municipal Code § 13-196-530). Remove bracketed guidance before final client delivery.]