Mold Disclosure & Prevention Addendum
to Maryland Residential Lease Agreement
[// GUIDANCE: This template is drafted for use exclusively with residential rental properties located in Maryland. It is intended to be attached to—and fully incorporated into—a broader Residential Lease Agreement. Customize all bracketed placeholders before execution.]
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
1.1 Title.
MOLD DISCLOSURE & PREVENTION ADDENDUM (the “Addendum”)
1.2 Parties.
This Addendum is made as of the Effective Date (defined below) by and between:
• Landlord: [LANDLORD LEGAL NAME], a [TYPE OF ENTITY] (“Landlord”)
• Tenant(s): [TENANT LEGAL NAME(S)] (“Tenant”)
1.3 Property.
Residential premises located at [STREET ADDRESS, CITY, MD ZIP] (the “Premises”).
1.4 Effective Date.
[DATE], which shall be the later of (i) the last date signed below, or (ii) the commencement date under that certain Maryland Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
1.5 Incorporation.
This Addendum is incorporated into and made part of the Lease. In the event of conflict, the more protective provision for health, safety, or habitability shall govern.
2. DEFINITIONS
For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Terms not defined herein have the meanings assigned in the Lease.
“Applicable Law” – All federal, state, county, and municipal statutes, codes, regulations, and ordinances governing residential tenancies, habitability, and mold in the State of Maryland and the local jurisdiction where the Premises are situated.
“Moisture Condition” – Any event or circumstance resulting in persistent dampness, water intrusion, leakage, flooding, condensation, or other elevated moisture levels in the Premises.
“Mold” – Any genus or species of microscopic fungi that can grow in the form of multicellular filaments (hyphae), including but not limited to mildew.
“Preventive Actions” – The moisture‐control and ventilation practices described in Section 5.1.
“Remediation” – Actions conforming to then-current industry standards (e.g., ANSI/IICRC S520) to assess, remove, clean, treat, or repair Mold or Moisture Conditions.
“Visible Mold” – Mold growth that is readily observable by the naked eye on interior surfaces of the Premises.
3. OPERATIVE PROVISIONS
3.1 Disclosure of Current Conditions.
(a) Landlord hereby discloses that, as of the Effective Date, Landlord has:
(i) ☐ No knowledge or actual notice of Visible Mold or Moisture Conditions in the Premises.
(ii) ☐ Knowledge of the following past or present Mold or Moisture Conditions, all of which have been remediated: [DESCRIBE OR “N/A”].
(b) Tenant acknowledges receipt of any inspection, testing, or remediation reports in Landlord’s possession regarding Mold in the Premises.
3.2 Tenant Inspection & Acknowledgement.
Tenant acknowledges that before signing, Tenant was given the opportunity to visually inspect the Premises and has:
(i) ☐ Observed no Visible Mold.
(ii) ☐ Observed the following conditions: [DESCRIBE OR “NONE”].
3.3 Ongoing Obligations of Landlord.
(a) Maintain the Premises in a habitable condition consistent with Applicable Law, including (without limitation) promptly addressing any Mold or Moisture Conditions upon receipt of actual notice.
(b) Within a commercially reasonable time after notice (and in no event later than the statutory period, if any), commence and diligently pursue Remediation.
(c) Minimize disruption to Tenant during Remediation; provide suitable alternative accommodations or rent abatement if required by Applicable Law or ordered by a court of competent jurisdiction.
3.4 Ongoing Obligations of Tenant.
(a) Exercise reasonable care to prevent Mold growth by following the Preventive Actions set forth in Section 5.1.
(b) Promptly (within 24 hours of discovery) provide Written Notice to Landlord of any:
(i) Water leak, overflow, or intrusion;
(ii) Apparent Mold or musty odors;
(iii) Malfunction of heating, ventilation, or air-conditioning systems.
(c) Cooperate with Landlord’s access, inspection, and Remediation efforts pursuant to the Lease and Applicable Law.
3.5 Access for Inspection & Remediation.
Landlord, or its authorized agents, may enter the Premises on reasonable advance notice (or immediately in an emergency) to inspect, test, or perform Remediation relating to Mold or Moisture Conditions, in accordance with the notice requirements of the Lease and Applicable Law.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations.
Landlord represents to Tenant that:
(a) Any prior Mold or Moisture Conditions of which Landlord is aware have been remediated in accordance with prevailing industry standards; and
(b) Landlord has no actual knowledge of existing Visible Mold in the Premises other than as disclosed in Section 3.1(a)(ii).
4.2 Tenant’s Representations.
Tenant represents that:
(a) Tenant has inspected the Premises or expressly waived the right to do so;
(b) Tenant is not relying on any oral statements by Landlord about Mold or Moisture Conditions not contained in this Addendum; and
(c) Tenant will immediately notify Landlord as required under Section 3.4.
4.3 Survival.
The representations and warranties in this Section 4 survive the expiration or earlier termination of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Preventive Actions (Tenant). Tenant shall:
(a) Maintain interior temperature between [MIN]°F and [MAX]°F and relative humidity below 60%.
(b) Operate bathroom and kitchen ventilation fans during and after moisture‐generating activities.
(c) Keep furniture and personal property at least two inches from exterior walls to promote air circulation.
(d) Promptly wipe condensation from windows and other surfaces.
(e) Refrain from disabling HVAC or dehumidification systems provided by Landlord.
5.2 Prohibited Actions. Tenant shall not:
(a) Introduce excessive moisture (e.g., unvented kerosene heaters, aquariums over [SIZE], or indoor clothes‐drying without proper ventilation) without Landlord’s prior written consent;
(b) Paint over or otherwise conceal Visible Mold;
(c) Use bleach or other chemicals in a manner inconsistent with manufacturer instructions for Mold cleaning.
5.3 Compliance Monitoring.
Upon Written Notice, Landlord may require Tenant to produce reasonable evidence of compliance with Section 5.1 (e.g., photographs, maintenance logs).
6. DEFAULT & REMEDIES
6.1 Events of Default.
Each of the following constitutes a “Mold Default”:
(a) Tenant’s failure to provide notice under Section 3.4(b);
(b) Tenant’s refusal to grant access under Section 3.5;
(c) Tenant’s material breach of the Preventive Actions in Section 5.1.
6.2 Notice & Cure.
Landlord shall provide Written Notice specifying the Mold Default and a cure period of not less than seventy-two (72) hours (or longer if required by Applicable Law). If Tenant fails to cure within the prescribed period, Landlord may exercise any or all remedies under the Lease and Applicable Law.
6.3 Graduated Remedies.
Remedies include, without limitation:
(a) Professional cleaning at Tenant’s expense;
(b) Reimbursement of Landlord’s actual costs of Remediation attributable to Tenant’s breach;
(c) Termination of the Lease upon written notice if Mold Default materially threatens health or safety.
6.4 Attorneys’ Fees.
The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorneys’ fees and costs as permitted by Applicable Law.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant indemnifies, defends, and holds Landlord harmless from all claims, damages, and expenses (including reasonable attorneys’ fees) arising out of Tenant’s negligence, willful misconduct, or breach of this Addendum that results in Mold or Moisture Conditions.
(b) Landlord indemnifies Tenant for actual damages proximately caused by Landlord’s gross negligence or willful failure to perform its obligations under this Addendum.
7.2 Limitation of Liability.
Except for (i) damages arising from a party’s gross negligence or willful misconduct, or (ii) claims that cannot be lawfully limited, each party’s liability under this Addendum is limited to actual, direct damages proven with reasonable certainty; consequential or punitive damages are excluded.
7.3 Insurance.
Tenant is strongly encouraged to obtain renter’s insurance covering damage to personal property caused by Mold or Moisture Conditions.
7.4 Force Majeure.
Neither party is liable for delay or failure in performance due to causes beyond its reasonable control, provided the party invokes this clause promptly and diligently pursues corrective action.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Addendum is governed by the residential landlord-tenant laws of the State of Maryland (the “Governing Law”).
8.2 Forum Selection.
Any lawsuit or rent escrow action arising out of this Addendum shall be filed exclusively in the [NAME OF COUNTY/CITY] District Court, Housing Division (the “Housing Court”), unless Applicable Law vests jurisdiction elsewhere.
8.3 Arbitration.
The parties expressly exclude arbitration for disputes relating to Mold or habitability.
8.4 Jury Trial.
Nothing herein shall be construed as a waiver of either party’s constitutional right to a trial by jury in a civil action.
8.5 Injunctive Relief.
Notwithstanding any other provision, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to enforce habitability obligations or prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers.
No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. Waiver of one breach is not a waiver of any subsequent breach.
9.2 Assignment & Subletting.
Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, except as permitted by Applicable Law. Any approved assignee/subtenant must execute this Addendum.
9.3 Successors & Assigns.
This Addendum binds and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
9.4 Severability.
If any provision of this Addendum is held unenforceable, the remainder shall be enforced to the fullest extent permitted by law, and the offending provision reformed to effectuate the original intent as nearly as possible.
9.5 Entire Agreement.
This Addendum, together with the Lease, constitutes the entire agreement regarding Mold disclosure, prevention, and remediation, and supersedes all prior or contemporaneous oral or written agreements on that subject.
9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original. Electronic signatures and PDF or other electronic copies are deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Mold Disclosure & Prevention Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ____ Date: __
Title/Capacity: _____
TENANT(S):
1. _____ Date: _
[TENANT NAME]
2. _____ Date: _
[TENANT NAME]
[Add additional signature lines as needed]
[NOTARY ACKNOWLEDGMENT, if required by local ordinance]
[// GUIDANCE: After customization, attach this Addendum immediately following the main Lease Agreement and reference it in the Lease’s integration clause. Provide each signatory with a fully executed copy.]