MOLD DISCLOSURE ADDENDUM

to that certain Residential Lease Agreement dated [EFFECTIVE DATE]

concerning the premises known as [PROPERTY ADDRESS], Commonwealth of Kentucky

[// GUIDANCE: This Addendum is intended for use with Kentucky residential leases. Confirm local adoption of the Kentucky Uniform Residential Landlord and Tenant Act (“URLTA,” KRS 383.500–383.715) before finalizing, as the Act applies only in counties that have affirmatively adopted it.]

I. PARTIES

1. Landlord: [LANDLORD LEGAL NAME], a [STATE OF ORGANIZATION] [ENTITY TYPE], whose notice address is [LANDLORD ADDRESS] (“Landlord”).
2. Tenant(s): [TENANT LEGAL NAME(S)], whose notice address is the Premises (“Tenant”).

Landlord and Tenant are sometimes referred to individually as a “Party” and collectively as the “Parties.”

II. RECITALS

A. Landlord and Tenant entered into the above-referenced Residential Lease Agreement (the “Lease”) covering the Premises.
B. Pursuant to KRS 383.595 (where applicable) and general Kentucky common-law habitability principles, Landlord must maintain the Premises in a fit and habitable condition.
C. Mold growth can adversely affect indoor air quality and occupant health.
D. The Parties desire to supplement the Lease to address mold disclosure, prevention, remediation, liability allocation, and related issues, all as more fully set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Addendum and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

III. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; other capitalized terms not defined herein have the meanings assigned in the Lease.

“Actual Damages” – damages proven with reasonable certainty and directly resulting from a breach of this Addendum, but excluding special, consequential, punitive, or exemplary damages.

“Applicable Standards” – those guidelines, laws, and regulations in effect from time to time relating to indoor air quality, moisture control, and mold remediation, including without limitation EPA, CDC, and ANSI/IICRC S520 standards, as may be updated.

“Moisture Condition” – the presence of liquid or excessive humidity (>60% relative humidity) that can support mold growth.

“Mold” – any microscopic fungi, including mold spores, visible mold colonies, or mold fragments, whether or not of a species potentially harmful to humans.

“Preventive Measures” – actions reasonably designed to inhibit the growth of Mold, including controlling interior moisture and humidity, cleaning spills promptly, ensuring adequate ventilation, and timely reporting of any Moisture Condition.

“Professional Remediator” – a contractor duly licensed (if licensure is required) or otherwise qualified to perform mold assessment and remediation in accordance with Applicable Standards.

“Remediation” – the assessment, containment, removal, cleaning, drying, and verification necessary to return indoor Mold levels to a normal, non-elevated condition consistent with Applicable Standards.

IV. OPERATIVE PROVISIONS

1. Baseline Disclosure.
   1.1 Visual Inspection. Landlord represents that Landlord (a) conducted a reasonable visual inspection of the Premises within [] days before the Effective Date of this Addendum; (b) observed no visible Mold or Moisture Condition other than as specifically disclosed on Exhibit A attached hereto (the “Baseline Disclosure”).
   1.2 Document Delivery. Landlord has delivered to Tenant: (i) a copy of the Baseline Disclosure; and (ii) the pamphlet entitled “Protect Your Family From Mold” or a substantially similar informational publication approved by the Kentucky Cabinet for Health and Family Services (collectively, the “Mold Materials”). Tenant acknowledges receipt by initialing here: _____.

2. Tenant Acknowledgment & Initial Inspection. Tenant acknowledges that Tenant has inspected the Premises and, except as expressly noted on Tenant’s move-in inspection form (if any) or Exhibit B hereto, observed no visible Mold or Moisture Condition.

3. Ongoing Prevention Obligations.
   3.1 Landlord Obligations. Landlord shall:
   (a) maintain the building envelope, roof, plumbing, and HVAC systems so as to prevent Moisture Conditions, consistent with KRS 383.595(1) (where applicable);
   (b) provide and maintain all exhaust fans, HVAC filters, and dehumidifiers (if any) serving the Premises; and
   (c) perform annual inspections of the Premises’ HVAC and plumbing systems and make timely repairs.
   3.2 Tenant Obligations. Tenant shall:
   (a) comply with all Preventive Measures listed in Exhibit C;
   (b) operate heating, ventilation, and air-conditioning equipment in accordance with manufacturer instructions;
   (c) maintain Premises in a clean and sanitary condition;
   (d) promptly (within 24 hours) give Landlord written notice of any water intrusion, leak, condensation, or suspected Mold presence; and
   (e) cooperate fully with any Remediation efforts, including temporarily vacating affected areas if reasonably required.

4. Remediation Procedures.
   4.1 Investigation. Upon receiving written notice of suspected Mold, Landlord shall, within three (3) business days, cause a qualified person to investigate.
   4.2 Remediation Plan. If Mold is confirmed, Landlord shall, within five (5) business days after confirmation, provide Tenant with a written remediation plan outlining scope, timeline, and preventive steps.
   4.3 Execution. Landlord shall complete Remediation as soon as commercially reasonable, using a Professional Remediator in compliance with Applicable Standards.
   4.4 Temporary Relocation. If Remediation renders the Premises partially or wholly unusable, rent shall abate proportionately for the affected period. If total vacation is required for more than seven (7) consecutive days, Tenant may elect to terminate the Lease on five (5) days’ written notice, whereupon prepaid rent shall be refunded on a prorated basis.
   4.5 Clearance Testing. Upon completion, Landlord shall provide Tenant with written verification from the Professional Remediator that Remediation met Applicable Standards.

5. Access. Tenant shall grant Landlord and its contractors reasonable access to the Premises to inspect, investigate, or remediate Mold upon at least twenty-four (24) hours’ advance notice, except in emergencies.

V. REPRESENTATIONS & WARRANTIES

1. Landlord’s Limited Warranty. Landlord warrants that, to Landlord’s actual knowledge as of the Effective Date, the Premises is free of visible Mold except as disclosed on Exhibit A. This warranty survives for thirty (30) days after Tenant takes possession and is Tenant’s sole and exclusive warranty regarding Mold.

2. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, LANDLORD MAKES NO OTHER, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS OR IMPLIED) REGARDING MOLD, INCLUDING ANY WARRANTY OF HABITABILITY OR FITNESS BEYOND THOSE NON-WAIVABLE WARRANTIES IMPOSED BY APPLICABLE LAW.

VI. COVENANTS & RESTRICTIONS

1. Tenant shall not:
   (a) disable or tamper with HVAC, exhaust, or dehumidification equipment;
   (b) introduce any moisture source (e.g., aquariums exceeding [___] gallons) without Landlord’s prior written consent; or
   (c) paint, wallpaper, or otherwise cover interior surfaces in a manner that inhibits visual inspection for Mold without Landlord’s written approval.

2. Landlord shall not unreasonably withhold consent to Tenant’s reasonable measures to improve air quality (e.g., use of portable dehumidifiers), provided such measures do not damage the Premises.

VII. DEFAULT & REMEDIES

1. Events of Default.
   (a) Tenant’s failure to comply with Section 3.2 or provide required notices constitutes a material default.
   (b) Landlord’s failure to commence Remediation within the timeframe set forth in Section 4.2 constitutes a material default.

2. Cure Periods.
   (a) Tenant: forty-eight (48) hours after written notice for health/safety defaults; five (5) days for all other defaults.
   (b) Landlord: three (3) business days after written notice.

3. Remedies.
   (a) If Tenant defaults, Landlord may exercise all remedies under the Lease and Applicable Law, including recovery of Actual Damages and reasonable attorney fees.
   (b) If Landlord defaults, Tenant may (i) pursue injunctive relief to compel habitability compliance, (ii) recover Actual Damages, and (iii) terminate the Lease as provided in Section 4.4.

VIII. RISK ALLOCATION

1. Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and its agents from and against any third-party claims, demands, causes of action, or judgments (including reasonable attorney fees) arising out of, or relating to, (a) the Indemnifying Party’s breach of this Addendum, or (b) the negligence or willful misconduct of the Indemnifying Party or its invitees, except to the extent caused by the other Party’s gross negligence or willful misconduct.

2. Limitation of Liability. Notwithstanding any contrary provision in the Lease, neither Party shall be liable to the other for any incidental, consequential, punitive, or exemplary damages arising from Mold, and each Party’s aggregate liability under this Addendum is limited to Actual Damages.

3. Insurance. Landlord shall maintain property insurance customarily carried for similar properties. Tenant is advised to procure renters’ insurance covering personal property and loss of use.

4. Force Majeure. Delays in Remediation caused by events beyond Landlord’s reasonable control (e.g., natural disasters, unavailability of qualified contractors) shall extend required performance periods commensurately, provided Landlord promptly notifies Tenant and uses diligent efforts.

IX. DISPUTE RESOLUTION

1. Governing Law. This Addendum and any dispute arising hereunder shall be governed by the laws of the Commonwealth of Kentucky, without regard to conflicts-of-law principles.

2. Forum Selection. The Parties consent to the exclusive jurisdiction of the [COUNTY NAME] County Housing Court (or, if none, the appropriate division of the [COUNTY NAME] Circuit Court) for any action arising out of or relating to this Addendum or the Lease.

3. Arbitration. The Parties expressly exclude arbitration.

4. Jury Trial. Each Party retains its constitutional right to a trial by jury.

5. Injunctive Relief. Nothing herein shall restrict either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or Preventive Measures.

X. GENERAL PROVISIONS

1. Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties relating to Mold and supersedes all prior or contemporaneous oral or written statements.

2. Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by the Party against whom enforcement is sought. A waiver on one occasion is not a waiver on any subsequent occasion.

3. Severability. If any provision is held unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable, and the balance of this Addendum shall remain in effect.

4. Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, except as permitted under the Lease.

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

6. Electronic Signatures. Signatures transmitted electronically (e.g., via PDF or electronic signature platform) are deemed originals and enforceable.

7. Counterparts. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument.

XI. EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Mold Disclosure Addendum as of the Effective Date first written above.

[ADD additional signature blocks as needed for multiple Tenants.]

[OPTIONAL NOTARY BLOCK – insert if required by local practice.]

EXHIBITS

1. Exhibit A – Baseline Disclosure of Existing Mold or Moisture Conditions
2. Exhibit B – Tenant Move-In Mold/Moisture Inspection Report
3. Exhibit C – Tenant Preventive Measures Guide

[// GUIDANCE: Attach detailed preventive tips (e.g., “keep bathroom fan running for 20 minutes post-shower”) and provide space for Tenant initials next to each item to document understanding.]