Residential Lease Addenda - Mold Disclosure - Maryland

Maryland Mold and Moisture Condition Addendum

This Addendum supplements the residential lease dated [__/__/____] between [LANDLORD] and [TENANT(S)] for [PREMISES]. It records known conditions, notice, access, and the parties' factual response. It does not waive or reduce any right or remedy provided by Maryland or applicable local law.

1. Property and Contact Information

2. Condition Disclosure and Inspection Record

Landlord discloses the following known mold, water-intrusion, leak, condensation, ventilation, or persistent-dampness conditions and related reports in Landlord's possession. This is a factual disclosure, not a warranty that no undiscovered condition exists.

Tenant had the opportunity to inspect the Premises and records these observations:

Attached: ☐ photographs ☐ inspection report ☐ repair invoice ☐ remediation report ☐ code notice ☐ other [________________________________]

3. Notice of a Later Condition

Tenant should give documented notice promptly after discovering a leak, water intrusion, persistent dampness, visible suspected mold, musty odor, or malfunction affecting moisture control. Maryland Real Property § 8-211 does not impose a universal 24-hour mold-report deadline.

For a condition that may support remedies under § 8-211, notice may be established by:

• a written communication sent by certified mail listing the asserted conditions or defects;
• the landlord's actual notice; or
• a written violation, condemnation, or other notice from an appropriate government agency.

4. Access and Response Record

Tenant will provide reasonable and appropriate entry for inspection and repair, subject to the lease and applicable law. An emergency may require immediate access. Denial of reasonable and appropriate entry may be a defense to a § 8-211 claim.

Landlord's written response and proposed schedule: [________________________________]

Section 8-211 gives a landlord a reasonable time after notice to correct a covered condition. Reasonableness is a factual question that considers severity and danger. A period exceeding 30 days is rebuttably presumed unreasonable; the statute does not make 30 days a safe harbor or require a fixed shorter mold timetable.

5. Responsibility and Causation Record

The parties will preserve evidence concerning the source and cause of the condition. Section 8-211 permits a defense when the tenant, the tenant's family, agent, employees, assignees, or social guests caused the asserted condition.

☐ Cause is not yet determined.

☐ Landlord responsibility alleged because: [________________________________]

☐ Tenant / occupant contribution alleged because: [________________________________]

☐ Third-party or building-system contribution alleged because: [________________________________]

No cost allocation is final unless supported by the lease, current law, reliable evidence, and any required court determination. This Addendum does not create an indemnity, defense obligation, liability cap, consequential-damages exclusion, or automatic tenant charge.

6. Maryland Remedy and Nonwaiver Notice

Real Property § 8-211 applies to defects that present, or if not promptly corrected will present, a serious and substantial threat to life, health, or safety. It does not cover merely aesthetic or nondangerous minor defects. Depending on the facts and statutory prerequisites, a tenant may seek rent escrow or raise the condition as a defense in a rent or possession proceeding. The court may order relief including repair, rent abatement, or lease termination.

Do not withhold rent or deduct repair costs solely because this Addendum was signed. Section 8-211 conditions relief on proper notice, an opportunity to correct, required payment into court, and other statutory requirements.

If a court orders relief to a tenant under § 8-211, the tenant may recover the fees, costs, and litigation expenses allowed by subsection (o). A landlord may recover specified fees, costs, and expenses only if the court makes the bad-faith or no-substantial-justification finding described in subsection (p). This Addendum does not create a private prevailing-party fee clause.

Under § 8-208(d), a residential lease may not require a tenant to waive a right or remedy provided by applicable law or waive a civil jury right. A prohibited lease provision is unenforceable by the landlord, and § 8-208(g) supplies remedies for tendering or attempting to enforce specified prohibited provisions. Broader local protections remain available under §§ 8-208(f) and 8-211(q).

7. Local-Law and Property-Specific Review

Before use, identify every applicable county, Baltimore City, municipal, subsidized-housing, licensing, inspection, or building-code requirement.

8. Signatures

The signatures acknowledge receipt of this Addendum and the factual entries made in it. They do not admit causation, waive claims or defenses, or establish that a condition is or is not covered by § 8-211.

LANDLORD / AUTHORIZED AGENT

Signature: ______________________________ Date: [__/__/____]

Name and capacity: [________________________________]

TENANT 1

Signature: ______________________________ Date: [__/__/____]

Name: [________________________________]

TENANT 2

Signature: ______________________________ Date: [__/__/____]

Name: [________________________________]

Sources and References

• Md. Code, Real Property § 8-208 — Maryland General Assembly: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208&enactments=false
• Md. Code, Real Property § 8-211 — Maryland General Assembly: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-211&enactments=false