Residential Lease Mold Disclosure Addendum
(Louisiana Jurisdiction)
[// GUIDANCE: This template is designed to be attached to and incorporated into a broader Residential Lease Agreement governing property in Louisiana (“LA”). Adapt defined terms so they conform exactly to the master lease. Square-bracketed items are placeholders for deal-specific information.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Disclosure of Known Mold Conditions
3.2 Prevention Obligations
3.3 Tenant Inspection & Reporting
3.4 Remediation Procedures
3.5 Access & Cooperation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Residential Lease Mold Disclosure Addendum (this “Addendum”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, the “Parties,” and each, a “Party”).
This Addendum is incorporated by reference into that certain Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”) for the residential premises commonly known as [PROPERTY ADDRESS] (the “Premises”) located in the Parish of [PARISH], State of Louisiana.
The Parties desire to supplement the Lease to address potential mold-related conditions at the Premises, allocate corresponding rights and obligations, and comply with applicable Louisiana landlord-tenant law.
2. DEFINITIONS
For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings assigned in the Lease.
“Actual Damages” means direct, out-of-pocket losses proven with reasonable certainty, excluding any special, indirect, consequential, exemplary, or punitive damages.
“Authorized Remediation Contractor” means a mold remediation professional or firm duly licensed or certified under applicable Louisiana administrative regulations and qualified to perform mold remediation services.
“Condition” means the presence of visible mold growth, persistent musty odors, or indoor humidity levels above industry-accepted thresholds that materially threaten indoor air quality or habitability.
“Moisture-Intrusion Event” means water leaks, flooding, condensation, or any similar source of excess moisture capable of fostering mold growth.
“Notice of Mold Condition” means written notification delivered in accordance with Section 9.3 of the Lease describing with reasonable specificity any suspected or actual Condition.
“Preventive Measures” has the meaning set forth in Section 3.2(a).
“Remediation Protocol” means a written plan prepared by an Authorized Remediation Contractor specifying (i) the scope of remediation work, (ii) containment procedures, (iii) removal or cleaning techniques, and (iv) clearance criteria.
3. OPERATIVE PROVISIONS
3.1 Disclosure of Known Mold Conditions
(a) Landlord hereby discloses that, as of the Effective Date and to Landlord’s actual knowledge after reasonable inspection, [SELECT ONE: “(i) no Conditions exist at the Premises” / “(i) the following Conditions exist: _______”].
(b) Landlord further discloses that within the past [X] months, the Premises [SELECT ONE: “has not experienced” / “has experienced”] a Moisture-Intrusion Event. If experienced, Landlord states that remediation was completed on or about [DATE] by [CONTRACTOR].
[// GUIDANCE: If statute or local ordinance later mandates a specific disclosure form, attach that form as an exhibit and cross-reference here.]
3.2 Prevention Obligations
(a) Tenant Obligations (“Preventive Measures”). Tenant shall:
(i) maintain the Premises in a clean, sanitary condition;
(ii) promptly wipe down moisture on windows, walls, and other surfaces;
(iii) operate heating, ventilation, and air-conditioning (“HVAC”) systems in accordance with manufacturer recommendations;
(iv) promptly report any Moisture-Intrusion Event or suspected mold growth via a Notice of Mold Condition; and
(v) refrain from introducing plants, aquariums, or other moisture sources in a manner that materially elevates indoor humidity.
(b) Landlord Obligations. Landlord shall:
(i) maintain the building envelope, roof, plumbing, and HVAC systems in good repair to minimize Moisture-Intrusion Events;
(ii) prior to delivery of possession, visually inspect and, if necessary, remediate existing Conditions; and
(iii) comply with all applicable health, housing, and environmental codes.
3.3 Tenant Inspection & Reporting
(a) Initial Inspection. Tenant acknowledges that Tenant has inspected the Premises or had the opportunity to do so and found it [SELECT ONE: “free from visible mold” / “containing visible mold as described in an attached photograph or report”].
(b) Ongoing Duty to Report. Tenant shall deliver a Notice of Mold Condition within forty-eight (48) hours after discovering or reasonably suspecting a Condition or Moisture-Intrusion Event.
3.4 Remediation Procedures
(a) Response Time. Landlord shall, within five (5) business days after receipt of a Notice of Mold Condition, conduct a good-faith inspection to determine whether a Condition exists.
(b) Remediation Obligation. If Landlord determines, or an Authorized Remediation Contractor certifies, that a Condition requiring remediation exists, Landlord shall:
(i) engage an Authorized Remediation Contractor to prepare a Remediation Protocol within five (5) business days;
(ii) commence remediation within a commercially reasonable period not to exceed ten (10) business days after receipt of the Remediation Protocol, subject to force majeure; and
(iii) upon completion, obtain written clearance from the Authorized Remediation Contractor confirming that the Condition has been adequately remediated.
(c) Temporary Relocation. If remediation materially interferes with habitability, Landlord shall either (i) provide comparable temporary housing at Landlord’s expense, or (ii) abate Rent proportionally for the affected period, at Landlord’s election.
3.5 Access & Cooperation
Tenant shall provide reasonable access to the Premises for inspection, testing, or remediation upon at least twenty-four (24) hours’ advance notice, except in emergencies. Tenant shall cooperate with Landlord and any Authorized Remediation Contractor by (i) vacating affected areas, (ii) removing personal property as instructed, and (iii) complying with safety protocols.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual. Each Party represents that it has full authority to execute and perform this Addendum and that such execution does not violate any agreement to which it is a party.
4.2 Landlord. Landlord represents that, to Landlord’s actual knowledge, all disclosures in Section 3.1 are materially accurate as of the Effective Date.
4.3 Tenant. Tenant represents that Tenant has received, read, and understood all mold-related disclosures delivered by Landlord.
4.4 Survival. The representations and warranties in this Addendum survive the expiration or earlier termination of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Negative Covenants. Tenant shall not:
(a) alter HVAC systems without Landlord’s prior written consent;
(b) obstruct vents or return air grilles; or
(c) use humidifiers or other devices that materially elevate indoor humidity without implementing reasonable moisture controls.
5.2 Landlord Covenants. Landlord shall (i) maintain insurance consistent with Section 7.3 and (ii) retain all maintenance and remediation records for at least four (4) years after termination of the Lease.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute Events of Default under this Addendum:
(a) Tenant’s failure to provide timely Notice of Mold Condition;
(b) Tenant’s material breach of Preventive Measures that results in or materially exacerbates a Condition;
(c) Landlord’s failure to commence remediation within the time frames in Section 3.4(b).
6.2 Cure Periods.
(i) Tenant Default. Landlord may deliver written notice of default; Tenant shall cure within five (5) days for moisture control issues or immediately for access failures.
(ii) Landlord Default. Tenant may deliver written notice of default; Landlord shall cure within the shorter of (x) the statutory period required to maintain habitability or (y) ten (10) days.
6.3 Remedies. Subject to Section 7 (Risk Allocation) and applicable law, the non-defaulting Party may pursue:
(a) specific performance or injunctive relief to compel compliance;
(b) recovery of Actual Damages; and
(c) reasonable attorneys’ fees and court costs.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Landlord shall indemnify, defend, and hold harmless Tenant from and against Actual Damages arising from Landlord’s failure to perform remediation in accordance with Section 3.4.
(b) Tenant shall indemnify, defend, and hold harmless Landlord from and against Actual Damages arising from Tenant’s failure to comply with Preventive Measures or from Tenant-caused Conditions.
[// GUIDANCE: The reciprocal structure aligns liability with control over causation, improving enforceability under Louisiana civil-law fault principles.]
7.2 Limitation of Liability. EACH PARTY’S LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL DAMAGES AND SHALL NOT, UNDER ANY CIRCUMSTANCES, INCLUDE CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES.
7.3 Insurance. Landlord shall maintain property and liability insurance customary for multi-family residential properties in Louisiana. Tenant is strongly encouraged, but not required, to obtain renter’s insurance covering personal property and relocation expenses.
7.4 Force Majeure. Neither Party is liable for failure to perform remediation, inspection, or access obligations due to causes beyond its reasonable control, provided the Party invokes this clause in writing within a reasonable time after the onset of such event.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute hereunder are governed by the laws of the State of Louisiana, without regard to conflict-of-laws principles.
8.2 Forum Selection. The Parties agree that exclusive jurisdiction and venue lie in the state housing court (or other court of competent jurisdiction) sitting in the Parish where the Premises are located.
8.3 Arbitration. The Parties expressly decline to submit disputes to arbitration.
8.4 Jury Trial. Nothing in this Addendum constitutes a waiver of any constitutional right to a trial by jury.
8.5 Injunctive Relief. Nothing in this Addendum limits either Party’s right to seek injunctive or declaratory relief to enforce habitability or specific performance obligations.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. 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 subsequent occasion.
9.2 Assignment. Neither Party may assign its rights or delegate its obligations under this Addendum without the other Party’s prior written consent, except as permitted in the Lease.
9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held unenforceable, it shall be reformed to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force.
9.5 Integration. This Addendum and the Lease constitute the entire agreement of the Parties concerning mold-related matters and supersede all prior or contemporaneous oral or written communications.
9.6 Counterparts; Electronic Signatures. The Addendum may be executed in multiple counterparts, each of which is deemed an original and all of which constitute one instrument. Electronic signatures and PDF copies are binding for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Residential Lease Mold Disclosure Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| [LANDLORD LEGAL NAME] | [TENANT LEGAL NAME] |
| By: _________ | By: _________ |
| Name: _______ | Name: _______ |
| Title: _______ | (if applicable) |
| Date: ________ | Date: ________ |
[// GUIDANCE: Notarization is generally not mandated for mold disclosure addenda in Louisiana; however, confirm any parish-specific recording or authentication requirements if the Addendum will be filed of record.]
END OF DOCUMENT