MOLD DISCLOSURE & REMEDIATION ADDENDUM

to Residential Lease Agreement

State of Kansas

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
11. Exhibits

1. DOCUMENT HEADER

This Mold Disclosure & Remediation Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [STATE OF ORGANIZATION & ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant”). This Addendum supplements and forms a part of that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) for the residential real property commonly known as [PREMISES ADDRESS] (the “Premises”) located in the State of Kansas.

Recitals
A. Landlord and Tenant desire to address the disclosure, prevention, and remediation of mold, mildew, and other microbial growth within the Premises in compliance with the Kansas Residential Landlord and Tenant Act, Kan. Stat. Ann. §§ 58-2540 et seq., including the habitability obligations imposed by Kan. Stat. Ann. § 58-2553.
B. Both parties acknowledge that uncontrolled moisture and mold may pose health and safety risks, and agree to the terms herein to allocate responsibilities, establish procedures, and mitigate related risks.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

2. DEFINITIONS

For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. Defined terms appear in alphabetical order and apply equally to singular and plural forms.

“Addendum” has the meaning set forth in the header.
“Effective Date” means the date first written above or, if later, the date on which the last party executes this Addendum.
“Event of Default” has the meaning assigned in Section 6.1.
“HVAC” means the heating, ventilation, and air-conditioning systems serving the Premises.
“Mold” means any visible or detectable indoor microbial growth, including but not limited to fungi, mildew, or spores, whether living or dead, capable of allergenic or toxigenic effects.
“Qualified Remediation Professional” means an individual or entity duly licensed or certified under applicable law or industry standards (e.g., IICRC S520) to investigate, test, or remediate mold.
“Remediation Protocol” has the meaning assigned in Section 3.4.
“Repair Notice” has the meaning assigned in Section 3.3.
“Water Intrusion” means the unintended presence of moisture, water leaks, excessive humidity, or flooding within the Premises capable of supporting microbial growth.

3. OPERATIVE PROVISIONS

3.1 Landlord’s Mold Disclosure
(a) Landlord represents that, to Landlord’s actual knowledge and as of the Effective Date, (i) no areas of visible Mold are present within the Premises except as specifically disclosed in Exhibit A, and (ii) Landlord has not received any written notice within the preceding twelve (12) months alleging Mold-related conditions in the Premises except as disclosed in Exhibit A.
(b) Landlord attaches as Exhibit A a detailed statement of (i) any prior Water Intrusion events, (ii) dates and methods of remediation, and (iii) any ongoing monitoring measures.

3.2 Tenant Acknowledgement & Inspection Right
Tenant acknowledges receipt of Exhibit A and that Tenant has been afforded the opportunity to visually inspect the Premises for Mold prior to occupancy. Tenant accepts the Premises subject to Landlord’s disclosures.

3.3 Repair Notice Procedure
(a) Tenant shall promptly—and in no event later than forty-eight (48) hours after discovery—provide written notice (a “Repair Notice”) to Landlord of (i) visible Mold, (ii) Water Intrusion, or (iii) malfunction of the HVAC or other building systems that could promote Mold.
(b) Repair Notices shall be delivered in accordance with Section 9.2 (Notices).
[// GUIDANCE: Short notice windows reduce spore colonization and establish a clear record for future disputes.]

3.4 Remediation Protocol
Within a commercially reasonable time, not to exceed five (5) business days after receipt of a Repair Notice, Landlord shall (i) engage a Qualified Remediation Professional to inspect the affected area, and (ii) provide Tenant with a written remediation plan (the “Remediation Protocol”). Except in emergencies posing imminent health risks, Remediation shall be completed within ten (10) business days after issuance of the Remediation Protocol or as otherwise recommended by the Qualified Remediation Professional.

3.5 Access for Assessment & Remediation
Tenant shall grant Landlord and its agents reasonable access, with at least twenty-four (24) hours’ advance notice (except in emergencies), to implement the Remediation Protocol and perform post-remediation verification (“PRV”) testing.

3.6 Temporary Relocation
If Remediation requires Tenant to vacate all or a material portion of the Premises for more than forty-eight (48) hours, Landlord shall either (i) provide a substantially comparable temporary dwelling at Landlord’s cost, or (ii) abate Base Rent proportionately for the period of displacement.

3.7 Consideration
The consideration for this Addendum is included in the Rent payable under the Lease; no additional fee is charged.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations
Each party represents that it (i) has full authority to enter into and perform this Addendum, and (ii) is not relying on any statement or representation not expressly set forth herein.

4.2 Landlord’s Limited Warranty
Subject to Section 7.2 (Limitation of Liability), Landlord warrants that, as of the Effective Date, the Premises are in substantial compliance with all applicable building, housing, and health codes material to Mold prevention.

4.3 Disclaimer
Except as expressly provided herein, Landlord makes no other warranties, express or implied, including any implied warranty of habitability beyond that imposed by Kan. Stat. Ann. § 58-2553.

4.4 Survival
The representations, warranties, and covenants herein shall survive termination of the Lease to the extent necessary to resolve any Mold-related claim first asserted within one (1) year following the Lease’s expiration or earlier termination.

5. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants
(a) Maintain the Premises in a condition fit for human habitation in compliance with Kan. Stat. Ann. § 58-2553.
(b) Service and replace HVAC filters per manufacturer guidelines or at least quarterly.
(c) Inspect roof, plumbing, and exterior drainage at least annually and after severe weather events.

5.2 Tenant Covenants
(a) Operate HVAC and exhaust fans to maintain indoor relative humidity below sixty percent (60%).
(b) Immediately clean and dry any minor spills or condensation.
(c) Refrain from obstructing vents, returns, or drains.
(d) Use dehumidifiers in basements or other high-humidity areas as reasonably necessary.
(e) Deliver Repair Notices in strict accordance with Section 3.3.

5.3 Prohibited Actions
Tenant shall not (i) introduce large quantities of stagnant water (e.g., aquariums over 30 gallons) without Landlord’s consent, or (ii) undertake “do-it-yourself” Mold remediation without Landlord’s prior written approval.

6. DEFAULT & REMEDIES

6.1 Events of Default
An “Event of Default” occurs if:
(a) Landlord fails to commence Remediation within the period required by Section 3.4 after a proper Repair Notice; or
(b) Tenant breaches any obligation in Section 5.2 or 5.3 and fails to cure within three (3) days after written notice.

6.2 Landlord Remedies
Upon Tenant’s Event of Default, Landlord may (i) perform Tenant’s obligations at Tenant’s expense, (ii) charge Tenant as Additional Rent all reasonable costs of inspection, remediation, and PRV testing, and/or (iii) exercise any remedies available under the Lease or law.

6.3 Tenant Remedies
If Landlord commits an Event of Default, Tenant may (i) terminate the Lease on ten (10) days’ written notice if the default remains uncured, (ii) seek injunctive relief compelling statutory compliance, or (iii) pursue actual damages as limited in Section 7.2.

6.4 Attorney Fees
The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification
(a) Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and expenses (including reasonable attorney fees) to the extent arising from (i) Landlord’s gross negligence or willful misconduct, or (ii) Landlord’s breach of this Addendum.
(b) Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, losses, and expenses to the extent arising from (i) Tenant’s negligence, willful misconduct, or violation of Section 5, or (ii) personal property damage caused by Tenant’s failure to mitigate moisture or Mold.

7.2 Limitation of Liability
To the fullest extent permitted by law, neither party shall be liable to the other for any consequential, incidental, punitive, or exemplary damages in connection with Mold, Water Intrusion, or this Addendum. EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THIS ADDENDUM SHALL NOT EXCEED THE ACTUAL, DIRECT DAMAGES PROVEN BY COMPETENT EVIDENCE.

7.3 Insurance
Landlord shall maintain property and liability insurance covering Mold to the extent commercially available on reasonable terms. Tenant is encouraged—but not required—to obtain renter’s insurance covering Mold-related personal property losses.

7.4 Force Majeure
Delays in performing obligations (other than payment of money) caused by acts of God, governmental actions, or other events beyond the reasonable control of the affected party shall extend the time for performance for the period of the delay.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to conflict-of-law rules.

8.2 Forum Selection
Exclusive jurisdiction and venue shall lie in the [COUNTY] District Court, Housing Department, State of Kansas (the “Housing Court”).

8.3 Arbitration
Arbitration is expressly excluded. No dispute under this Addendum shall be submitted to arbitration absent a future, separate, written agreement of the parties.

8.4 Jury Trial
Nothing herein shall be construed as a waiver of any party’s constitutional right to a trial by jury.

8.5 Injunctive Relief
Nothing in this Section shall limit either party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or prevent irreparable harm.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum shall be effective unless in writing and signed by both parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.

9.2 Notices
All notices under this Addendum shall be given in the manner prescribed by the Lease, with a copy addressed to each party’s legal counsel, if any, at the addresses set forth below or such other address as may be designated in writing.

9.3 Assignment & Delegation
Tenant shall not assign its rights or delegate its duties under this Addendum without Landlord’s prior written consent, except in conjunction with a permitted assignment or sublease under the Lease.

9.4 Successors & Assigns
This Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.

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

9.6 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 oral or written agreements.

9.7 Counterparts & Electronic Signatures
This Addendum may be executed in multiple counterparts, each of which shall be deemed an original. Signatures delivered electronically (e.g., PDF, DocuSign) shall be deemed original and binding.

10. EXECUTION BLOCK

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

[OPTIONAL NOTARIZATION BLOCK PER COUNTY REQUIREMENTS]

11. EXHIBITS

Exhibit A Landlord’s Mold Disclosure Statement
Exhibit B Tenant Mold Prevention Guidelines
Exhibit C Template Remediation Protocol & PRV Checklist

Exhibit A

Landlord’s Mold Disclosure Statement

[LANDLORD to complete—include prior incidents, dates, locations within Premises, remediation steps, and verification results.]

Exhibit B

Tenant Mold Prevention Guidelines

1. Maintain indoor humidity below 60%.
2. Use bathroom and kitchen exhaust fans during and for 15 minutes after use.
3. Keep furniture at least two inches from exterior walls to facilitate airflow.
4. Immediately wipe condensation from windows and sills.
5. Do not disable HVAC or shut off heat/AC when away for extended periods.
   [// GUIDANCE: Attach additional locale-specific tips as desired.]

Exhibit C

Template Remediation Protocol & PRV Checklist

1. Assessment by Qualified Remediation Professional within 24 hours of engagement.
2. Containment using 6-mil poly sheeting, negative air machines with HEPA filtration.
3. Removal & Cleaning of affected porous materials; use of EPA-registered fungicides.
4. Dry-Out to ≤16% moisture content in structural wood; ≤60% relative humidity ambient.
5. PRV Testing—air and surface sampling demonstrating clearance per AIHA guidelines.
6. Clearance Report delivered to both parties within 3 business days of PRV testing.

[// GUIDANCE: Attorneys should review local county health department rules and any updates to Kansas statutes before finalizing this Addendum.]