Mold Disclosure, Prevention & Remediation Addendum
to Residential Lease Agreement – State of Indiana
[// GUIDANCE: This template is drafted for incorporation into an existing Indiana residential lease. It is intentionally comprehensive so that counsel may omit or trim provisions to fit a specific transaction.]
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
Addendum Title: Mold Disclosure, Prevention & Remediation Addendum
Parties:
• “Landlord”: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] organized under the laws of [STATE]
• “Tenant”: [TENANT FULL LEGAL NAME(S)]
Premises: [STREET ADDRESS, CITY, STATE, ZIP]
Master Lease: Residential Lease Agreement dated [LEASE DATE] (the “Lease”)
Effective Date of Addendum: [EFFECTIVE DATE]
Governing Law: Indiana landlord-tenant law, including Ind. Code § 32-31-8 et seq.
Recitals:
A. Landlord and Tenant are parties to the Lease for the Premises identified above.
B. Indiana law imposes mutual obligations on Landlord and Tenant concerning the habitability of residential property, which necessarily includes reasonable management of mold and excessive moisture.
C. The parties enter into this Addendum to (i) comply with disclosure requirements, (ii) allocate responsibility for mold prevention, and (iii) establish procedures for inspection and remediation.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below. Any term not defined herein but defined in the Lease has the meaning given in the Lease.
“Actual Damages” – Direct, out-of-pocket losses proved with reasonable certainty, excluding special, consequential, incidental, punitive, or exemplary damages.
“Elevated Moisture Condition” – The presence of water, humidity, or condensation in quantities reasonably likely to support mold growth or damage building materials.
“Mold” – Microscopic fungi, including mold spores, mildew, and any observable microbial growth.
“Remediation” – Actions consistent with industry standards (currently ANSI/IICRC S520) to (i) eliminate or remove Mold, and (ii) correct the underlying source of an Elevated Moisture Condition.
“Visible Mold” – Mold that is readily observable without intrusive investigation.
“Water Intrusion Event” – An occurrence of water penetration, plumbing leak, flooding, roof leak, or similar condition capable of producing Elevated Moisture Conditions.
3. OPERATIVE PROVISIONS
3.1 Incorporation. This Addendum is fully incorporated into and made part of the Lease. In the event of conflict, this Addendum controls with respect to Mold-related matters.
3.2 Landlord’s Initial Disclosure.
a. Landlord represents that, as of the Effective Date, Landlord [check one] ( ) is not aware of any Visible Mold or Elevated Moisture Condition in the Premises other than as disclosed in Exhibit A, attached hereto, or ( ) is aware of the Mold conditions described in Exhibit A.
b. Landlord has provided Tenant with the Mold Information Sheet attached as Exhibit B, describing health risks and prevention strategies (the “Mold Information Sheet”).
3.3 Tenant’s Inspection & Acknowledgment. Tenant acknowledges that before taking possession Tenant (i) had the opportunity to inspect all accessible areas of the Premises; (ii) did not observe any Visible Mold except as noted in Exhibit A; and (iii) received the Mold Information Sheet.
3.4 Ongoing Disclosure Obligations.
a. Tenant shall promptly, and in all events within forty-eight (48) hours, notify Landlord in writing of any Water Intrusion Event, Visible Mold, or other condition reasonably likely to lead to Mold growth.
b. Landlord shall notify Tenant in writing of any confirmed Mold condition of which Landlord becomes aware after the Effective Date that materially affects habitability.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Power & Authority. Each party warrants that it has the full right, power, and authority to enter into and perform this Addendum.
4.2 Landlord’s Limited Mold Warranty. Landlord represents, to the best of its knowledge and except as noted in Exhibit A, that (i) no portion of the Premises contains Visible Mold, and (ii) the Premises do not currently contain any Elevated Moisture Condition.
4.3 Tenant’s Reliance Limitations. Tenant acknowledges and agrees that, except as expressly stated herein, Landlord makes no representation or warranty, express or implied, as to the absence of Mold or the air quality of the Premises.
4.4 Survival. The representations and warranties in this Section survive the expiration or earlier termination of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Landlord Covenants.
a. Maintenance. Landlord shall maintain the structural elements, plumbing, roof, and HVAC systems of the Premises to minimize Elevated Moisture Conditions, consistent with Ind. Code § 32-31-8-5.
b. Remediation. Upon receiving notice or otherwise becoming aware of Mold or an Elevated Moisture Condition, Landlord shall (i) inspect the affected area within five (5) business days; (ii) provide Tenant with a written remediation plan within ten (10) business days thereafter; and (iii) diligently complete Remediation at Landlord’s expense, except as otherwise provided in Section 7.2(b).
5.2 Tenant Covenants.
a. Housekeeping & Ventilation. Tenant shall keep the Premises clean and dry, operate exhaust fans, maintain indoor temperature within a reasonable range, and refrain from activities that promote Mold (e.g., un-vented kerosene heaters, over-watering plants).
b. Prohibition on Unapproved Remediation. Tenant shall not undertake Mold testing or Remediation without Landlord’s prior written consent, except in an emergency posing imminent risk to health or property.
c. Cooperation. Tenant shall provide access for inspections and Remediation upon at least twenty-four (24) hours’ notice, or immediately in an emergency.
5.3 Restrictions. Tenant shall not store items against exterior walls or windows that prevent air circulation, nor use humidifiers or fish tanks exceeding [__] gallons without Landlord’s consent.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Landlord Default: Failure to timely perform Remediation obligations under Section 5.1(b).
b. Tenant Default: (i) Failure to provide timely notice under Section 3.4(a); (ii) failure to comply with Tenant Covenants in Section 5.2; or (iii) refusal to grant access for Remediation.
6.2 Notice & Cure. Except for emergencies, the non-defaulting party shall give written notice specifying the default. The defaulting party has five (5) business days to cure a monetary default and ten (10) business days to commence and diligently pursue cure of a non-monetary default.
6.3 Remedies.
a. If Landlord is in default and fails to cure, Tenant may (i) seek injunctive relief compelling Remediation; (ii) terminate the Lease upon ten (10) days’ written notice; and/or (iii) recover Actual Damages as limited in Section 7.3.
b. If Tenant is in default and fails to cure, Landlord may (i) conduct Remediation and charge Tenant as Additional Rent; (ii) pursue eviction or other remedies under the Lease and applicable law; and/or (iii) recover Actual Damages.
c. Attorney Fees. The substantially prevailing party is entitled to reasonable attorney fees and costs.
7. RISK ALLOCATION
7.1 Insurance. Landlord shall carry property insurance covering the building and, where commercially available at reasonable cost, Mold endorsements. Tenant shall maintain renter’s insurance covering personal property and at least $[___] of liability coverage.
7.2 Indemnification.
a. By Tenant. Tenant shall indemnify, defend, and hold Landlord harmless from any third-party claims for personal injury or property damage arising from Tenant’s failure to comply with this Addendum.
b. By Landlord. Landlord shall indemnify, defend, and hold Tenant harmless from third-party claims arising from Landlord’s gross negligence or willful misconduct in performing Remediation.
7.3 Limitation of Liability. Except for (i) a party’s gross negligence or willful misconduct, or (ii) obligations to indemnify under Section 7.2, each party’s liability under this Addendum is limited to Actual Damages. Neither party is liable for special, consequential, punitive, or exemplary damages.
7.4 Force Majeure. Performance of obligations delayed by events beyond the reasonable control of the obligated party (e.g., natural disasters, governmental restrictions, supply-chain disruptions) is excused for the period of delay, provided the party provides prompt notice and uses diligent efforts to resume performance.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute hereunder are governed by the laws of the State of Indiana, without regard to its conflict-of-laws principles.
8.2 Forum Selection. Each party irrevocably submits to the exclusive jurisdiction of the [NAME OF COUNTY] Indiana Housing Court (or, if no such court exists, any court of competent jurisdiction located in [NAME OF COUNTY], Indiana).
8.3 Arbitration Excluded. The parties expressly opt out of arbitration; any prior arbitration provision in the Lease is inapplicable to disputes arising solely under this Addendum.
8.4 Jury Trial. Nothing herein constitutes a waiver of either party’s constitutional right to a trial by jury.
8.5 Injunctive Relief. Either party may seek injunctive relief to enforce habitability standards or to prevent irreparable harm arising from Mold conditions, without posting bond to the extent permitted by applicable law.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on any other occasion.
9.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, except as allowed by applicable law.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, successors, permitted assigns, and legal representatives.
9.4 Severability. If any provision is held invalid, the remainder remains enforceable, and the invalid provision is reformed to the minimum extent necessary to comply with applicable law while most closely reflecting the parties’ intent.
9.5 Integration. This Addendum, together with the Lease and any other addenda, constitutes the entire agreement regarding Mold and supersedes all prior discussions or agreements on the subject.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is an original and all of which together form one instrument. Electronic signatures are binding to the fullest extent permitted by Indiana’s Uniform Electronic Transactions Act.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Mold Disclosure, Prevention & Remediation Addendum as of the Effective Date.
| Landlord | Tenant |
|---|---|
| ________ | ________ |
| Name: [PRINT] | Name: [PRINT] |
| Title (if entity): [PRINT] | Date: [DATE] |
| Date: [DATE] |
[OPTIONAL NOTARIZATION BLOCK – insert only if required under local practice]
Exhibit A – Current Mold or Moisture Conditions
[Describe any existing Mold, water damage, or Elevated Moisture Conditions, or state “None.”]
Exhibit B – Mold Information Sheet
[// GUIDANCE: Attach consumer-friendly summary of health effects, prevention tips, and Indiana Department of Health resources.]
[// GUIDANCE: Counsel should confirm county-level housing court availability, adapt cure periods to the underlying Lease, and verify insurance limits. Delete guidance comments before final client delivery.]