MOLD DISCLOSURE AND PREVENTION ADDENDUM
(to Massachusetts Residential Lease Agreement)
[// GUIDANCE: This Addendum is intended for use with residential tenancies located in the Commonwealth of Massachusetts. Insert the bracketed placeholders with deal-specific information and attach this Addendum to, and incorporate it into, the main Lease Agreement. Confirm that the operative Lease does not already contain conflicting mold provisions; if it does, integrate or delete to avoid duplication.]
I. DOCUMENT HEADER
Addendum Title: Mold Disclosure and Prevention Addendum (the “Addendum”)
Landlord: [LEGAL NAME OF LANDLORD] (“Landlord”)
Tenant(s): [LEGAL NAME(S) OF TENANT(S)] (“Tenant”)
Premises: [STREET ADDRESS, CITY/TOWN, STATE, ZIP]
Original Lease Date: [DATE] (the “Lease”)
Effective Date of Addendum: [DATE]
Governing Law: Commonwealth of Massachusetts landlord-tenant law
Designated Forum: Exclusive jurisdiction and venue in the Massachusetts Housing Court having territorial jurisdiction over the Premises
TABLE OF CONTENTS
- Definitions
- Disclosure & Initial Inspection
- Duties & Obligations
- Representations & Warranties
- Covenants & Restrictions
- Default; Notice & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution
1. DEFINITIONS
For purposes of this Addendum the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned in the Lease.
1.1 “Actual Damages” means objectively verifiable monetary losses suffered by a Party, exclusive of incidental, consequential, special, exemplary, or punitive damages.
1.2 “EPA Guidelines” means the most current United States Environmental Protection Agency guidance entitled “Mold Remediation in Schools and Commercial Buildings” and any successor or substantially similar federal publication.
1.3 “Excess Moisture Condition” means the presence of water intrusion, persistent dampness, or relative humidity levels exceeding industry-accepted indoor standards, which can support microbial growth.
1.4 “Habitability Issue” means a condition that materially impairs the health or safety of an ordinary tenant or that otherwise renders the Premises unfit for human habitation under applicable Massachusetts law.
1.5 “Mold” means any indoor mold, mildew, fungus, or microbial contamination of a type or in a concentration that could reasonably present a health risk or constitute a Habitability Issue.
1.6 “Remediation” or “Remediate” means removal, cleaning, encapsulating, or otherwise treating Mold or Excess Moisture Conditions in accordance with EPA Guidelines and applicable industry standards.
2. DISCLOSURE & INITIAL INSPECTION
2.1 Landlord’s Prior Knowledge. Landlord hereby discloses that, to Landlord’s actual knowledge after reasonable inquiry, the Premises [SELECT ONE: “have not” / “have”] previously contained Mold. If “have,” reference the attached Disclosure Schedule 2.1 describing the location, date, and status of remediation.
2.2 Delivery Condition. Landlord shall deliver the Premises in a condition free of visible Mold and Excess Moisture Conditions as of the Commencement Date of the Lease.
2.3 Tenant’s Initial Inspection; Acceptance or Objection.
(a) Within seventy-two (72) hours after taking possession, Tenant shall inspect the Premises for visible Mold.
(b) Tenant shall notify Landlord in writing of any observed Mold. Failure to timely notify shall constitute Tenant’s acknowledgement that no visible Mold was present at delivery, except as previously disclosed.
[// GUIDANCE: 72 hours is a commercially reasonable inspection window. Modify if local practice differs.]
3. DUTIES & OBLIGATIONS
3.1 Landlord’s Ongoing Obligations.
(a) Maintain structural elements (roof, walls, windows, plumbing, HVAC) in good repair to prevent Excess Moisture Conditions.
(b) Upon receipt of Tenant’s written notice of suspected Mold, promptly investigate and, if confirmed, Remediate in compliance with Section 5.
3.2 Tenant’s Preventive Obligations. Tenant shall:
(a) Operate exhaust fans, dehumidifiers, and HVAC systems as reasonably necessary to control indoor humidity;
(b) Promptly wipe up spills and report leaks, seepage, or overflows;
(c) Maintain the Premises in a clean condition and avoid blocking ventilation;
(d) Refrain from introducing materials or activities that foster Mold growth, including but not limited to unvented combustion appliances or storage of wet items;
(e) Provide Landlord written notice within twenty-four (24) hours after discovery of any Excess Moisture Condition or visible Mold.
3.3 Access for Inspection. Upon at least twenty-four (24) hours’ notice (or less in an emergency), Tenant shall provide Landlord and its contractors access to the Premises for inspection, testing, and Remediation.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. Landlord represents that, as of the Effective Date:
(a) Landlord has disclosed all known Mold conditions in accordance with Section 2.1;
(b) Landlord has no actual knowledge of any current violation of applicable health, housing, or sanitary codes relating to Mold at the Premises.
4.2 Tenant’s Representations. Tenant represents that Tenant has received, read, and understands:
(a) This Addendum and any attached “Mold Prevention Tips” handout;
(b) The current EPA Guidelines (available at www.epa.gov/mold).
4.3 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 Remediation Procedures. If Mold is confirmed:
(a) Landlord shall engage qualified, licensed professionals to prepare a remediation plan consistent with EPA Guidelines;
(b) Tenant shall, if required for safe Remediation, temporarily vacate affected areas, with rent abatement proportionate to the unusable portion of the Premises;
(c) Upon completion, Landlord shall provide Tenant with a written clearance statement from the remediator confirming that the Mold has been removed or encapsulated and that Indoor Air Quality readings are within acceptable limits.
5.2 Cost Allocation.
(a) Landlord bears all reasonable costs of Remediation unless the Mold condition was caused by Tenant’s negligent or intentional acts or omissions or by Tenant’s violation of Section 3.2, in which case Tenant shall reimburse Landlord within thirty (30) days of invoice.
(b) Disputes regarding causation shall be resolved in accordance with Section 8.
5.3 No Waiver of Statutory Rights. Nothing in this Addendum shall be construed to waive or limit any non-waivable right or remedy available to Landlord or Tenant under Massachusetts law, including but not limited to the implied warranty of habitability and any rights under the State Sanitary Code.
6. DEFAULT; NOTICE & REMEDIES
6.1 Events of Default. The following constitute “Mold-Related Events of Default”:
(a) Tenant’s failure to provide required notice under Section 3.2(e);
(b) Tenant’s refusal to grant reasonable access per Section 3.3;
(c) Tenant’s failure to reimburse Remediation costs when due under Section 5.2(a);
(d) Landlord’s failure to commence reasonable Remediation within five (5) business days after confirming the presence of Mold.
6.2 Cure Periods.
(a) Tenant default: Three (3) business days after written notice.
(b) Landlord default: Five (5) business days after written notice, except that immediate action is required where a Habitability Issue poses imminent danger.
6.3 Remedies.
(a) Landlord Remedies. Upon Tenant default, Landlord may (i) enter the Premises to cure; (ii) charge Tenant reasonable costs plus interest at the lesser of 12% per annum or the maximum rate permitted by law; and/or (iii) exercise any right under the Lease or applicable law.
(b) Tenant Remedies. Upon Landlord default, Tenant may (i) seek injunctive relief to compel compliance; (ii) pursue Actual Damages; and (iii) exercise statutory rights, including rent withholding or repair-and-deduct, if and to the extent permitted by Massachusetts law.
6.4 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and costs, except as limited by Section 7.2.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against any third-party claims for bodily injury or property damage arising from Landlord’s breach of this Addendum or negligent Remediation.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord from and against any third-party claims for bodily injury or property damage arising from Tenant’s breach of Section 3.2 or negligent acts that contribute to Mold growth.
7.2 Limitation of Liability. EACH PARTY’S LIABILITY TO THE OTHER UNDER THIS ADDENDUM IS LIMITED TO ACTUAL DAMAGES. ALL INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS SECTION DOES NOT LIMIT EITHER PARTY’S DUTY TO INDEMNIFY UNDER SECTION 7.1.
7.3 Insurance. Each Party shall maintain, at its own expense, insurance policies commonly carried for its type of interest (e.g., homeowners or tenant personal property/renter’s insurance) that are not inconsistent with this Addendum.
7.4 Force Majeure. Neither Party is liable for delay in performance caused by events beyond its reasonable control (excluding financial inability), provided the affected Party promptly notifies the other.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute hereunder are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts-of-law principles.
8.2 Forum Selection. The Parties consent to exclusive jurisdiction in, and service of process through, the Massachusetts Housing Court having territorial jurisdiction over the Premises.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing in this Addendum constitutes a waiver of any constitutional right to jury trial.
8.5 Injunctive Relief. Either Party may seek temporary, preliminary, or permanent injunctive relief in the designated forum to address Habitability Issues, without the necessity of posting bond, to the extent permitted by law.
9. GENERAL PROVISIONS
9.1 Integration. This Addendum supplements and is incorporated into the Lease. If any provision of this Addendum conflicts with the Lease, this Addendum controls solely with respect to Mold-related matters.
9.2 Amendments; Waivers. No amendment or waiver is effective unless in a writing signed by both Parties.
9.3 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent in accordance with the Lease; any permitted assignee or subtenant is bound by this Addendum.
9.4 Severability. If any provision of this Addendum is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision is reformed to the minimum extent required to render it enforceable.
9.5 Successors & Assigns. This Addendum binds and inures to the benefit of the Parties and their respective heirs, successors, representatives, and permitted assigns.
9.6 Electronic Signatures. Signatures delivered by electronic means (e.g., PDF, DocuSign®) constitute original signatures and are binding.
9.7 Counterparts. This Addendum may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument.
10. EXECUTION
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date written above.
| Landlord | Tenant |
|---|---|
| _______ | _______ |
| Name: [PRINT] | Name: [PRINT] |
| Title (if Entity): [PRINT] | |
| Date: _______ | Date: _______ |
[OPTIONAL NOTARY BLOCK – Insert if local recording or notarization practice requires.]
ATTACHMENT 1
“Mold Prevention Tips for Residents”
[Attach one-page handout summarizing best practices: ventilation, housekeeping, prompt reporting, etc.]
[// GUIDANCE: Before finalizing, confirm that (i) insurance carriers do not require additional mold endorsements, (ii) local ordinances do not impose stricter standards, and (iii) any relocation or abatement of rent terms are consistent with municipal rent control regulations, if applicable.]