Residential Lease Addenda - Mold Disclosure - Maine

MAINE MOLD AND MOISTURE FACTUAL DISCLOSURE ADDENDUM

1. PARTIES AND PREMISES

• Landlord: [LEGAL NAME / ADDRESS / CONTACT]
• Tenant or Tenants: [LEGAL NAMES]
• Premises: [ADDRESS / UNIT]
• Building / common areas: [DESCRIPTION]
• Lease date: [DATE]
• Addendum date: [DATE]

This Addendum records current facts and a response process. It does not replace the warranty of fitness for human habitation.

2. KNOWN CONDITIONS AND RECORDS

Landlord states only facts within Landlord's current knowledge:

☐ No visible mold or unresolved material moisture condition is known in the Premises.

☐ The following visible or suspected condition is known: [LOCATION / DESCRIPTION / DATE].

☐ A past moisture, inspection, or remediation event occurred: [DATE / CAUSE / PROFESSIONAL / RESULT].

☐ A governmental notice, citation, or order exists: [DETAILS].

Records provided to Tenant: [REPORTS / PHOTOGRAPHS / INVOICES / NONE].

Tenant's move-in observations:

☐ No visible mold or unresolved material moisture condition observed.

☐ Condition observed: [LOCATION / DESCRIPTION / DATE].

These statements do not certify that no hidden condition exists and do not waive any right concerning a latent condition.

Current § 6021(6-B), enacted by Public Law 2025, chapter 515, provides that it is a breach of the warranty of fitness for human habitation when a landlord offers for rent a dwelling unit in which a leaking event or chronic moisture or humidity outside the tenant's control results in the growth of mold, bacteria, or other biological organisms. The parties may not use this factual disclosure to waive that rule.

3. REPORTING

Tenant will promptly report a leak, flood, persistent dampness, visible growth, or musty odor to:

• Contact: [NAME / PHONE / EMAIL / ADDRESS]
• Emergency contact: [DETAILS]

Report record:

• Date and time: [DATE / TIME]
• Condition and location: [DETAILS]
• Health or safety effect: [DETAILS]
• Photographs or supporting information: [DETAILS]

This Addendum does not impose a statutory 24-hour forfeiture period. Delay may be relevant to causation or mitigation but does not deem a latent condition absent.

4. LANDLORD RESPONSE

If a condition may endanger or materially impair health or safety, Landlord will take prompt, effective steps under the circumstances after receiving notice, consistent with § 6021.

• Response date: [DATE]
• Inspection date: [DATE]
• Inspector / professional: [NAME / CREDENTIAL]
• Moisture source: [DETAILS]
• Findings: [DETAILS]
• Drying, repair, removal, or remediation plan: [DETAILS]
• Start and completion dates: [DATES]
• Follow-up plan: [DETAILS]
• Common or adjacent areas reviewed: [DETAILS]

This Addendum does not represent that Maine imposes a universal five-business-day inspection or remediation deadline for mold.

5. ACCESS

Tenant may not unreasonably withhold consent for lawful inspection, necessary or agreed repairs, or services. Except in an emergency or when impracticable, Landlord will provide reasonable notice and enter at a reasonable time under § 6025. Twenty-four hours is presumed reasonable absent contrary evidence.

• Reasons and scope of entry: [DETAILS]
• Notice date and method: [DETAILS]
• Proposed date and time: [DETAILS]
• Persons entering: [DETAILS]

This Addendum does not authorize self-help entry or waive access remedies.

6. PREVENTION AND COOPERATION

Tenant will reasonably:

• use ventilation and heating equipment supplied for the Premises;
• avoid blocking vents;
• remove ordinary surface moisture;
• promptly report plumbing, roof, appliance, or condensation conditions;
• keep the Premises reasonably clean; and
• follow reasonable, written repair or remediation instructions.

Landlord will reasonably:

• maintain building components and systems within Landlord's control;
• address leaks and water intrusion;
• coordinate qualified inspection or remediation when warranted;
• provide written preparation or safety instructions; and
• avoid retaliation for good-faith reporting or assertion of habitability rights.

A specified indoor temperature below Maine's heating standard requires a separate agreement satisfying § 6021(6-A), not this Addendum.

7. COST ALLOCATION

Initial inspection and response costs are allocated as follows: [LANDLORD / OTHER COUNSEL-APPROVED TERM].

Tenant is not automatically responsible because mold appears or because a vendor attributes “contribution.” Any reimbursement claim must be supported by:

• a valid lease term that does not violate § 6030;
• specific facts proving Tenant-caused damage, breach, or unreasonable noncooperation;
• reasonable and documented costs; and
• any notice and process required by law.

A mold or moisture reimbursement is not designated “Additional Rent” and does not automatically support a rent-arrearage eviction notice.

Disputed cost: [DETAILS / AMOUNT / DOCUMENTATION].

8. HABITABILITY AND REMEDIES

A § 6021 tenant complaint requires facts showing:

• a condition endangering or materially impairing tenant health or safety;
• the condition was not caused by Tenant or someone under Tenant's control;
• Landlord or the usual rent collector received written notice without unreasonable delay or had qualifying actual notice;
• Landlord unreasonably failed to take prompt, effective steps; and
• Tenant was current in rent when notice was given.

Section 6021(6-B) separately identifies as a breach the offering for rent of a dwelling unit in which a leaking event or chronic moisture or humidity outside the tenant's control results in the growth of mold, bacteria, or other biological organisms. It does not create the fixed inspection, remediation, relocation, or rent-abatement timetable rejected elsewhere in this Addendum.

If the court finds a breach, § 6021 authorizes appropriate repair injunctions, a fair-value and rent/rebate determination, temporary vacancy orders where repairs require it, and other orders necessary to accomplish the statute. Section 6021 does not authorize consequential damages for breach of that warranty.

This Addendum does not create unilateral rent withholding, automatic alternate lodging, an automatic 72-hour rent abatement, automatic termination, or a possession remedy. Other valid claims and remedies, if any, require separate analysis.

No term waives habitability or access rights, absolves Landlord negligence, requires Tenant to pay Landlord's legal fees, imposes an indemnity for Landlord's conduct, or caps statutory liability.

9. OPTIONAL TEMPORARY ARRANGEMENT

The parties may voluntarily document a temporary arrangement without admitting liability:

• Temporary lodging: [DETAILS]
• Rent adjustment: [DETAILS]
• Personal-property handling: [DETAILS]
• Duration: [DATES]
• Insurance or program involvement: [DETAILS]

Nothing here states that Maine law universally requires or forbids the selected arrangement.

10. SIGNATURES

Signatures acknowledge receipt and the completed factual disclosures. They do not waive statutory rights or certify facts outside the signer's knowledge.

OFFICIAL SOURCES

• 14 M.R.S. § 6021: https://legislature.maine.gov/statutes/14/title14sec6021.html
• Public Law 2025, chapter 515, enacting current § 6021(6-B): https://legislature.maine.gov/bills/getPDF.asp?paper=HP1288&item=5&snum=132
• 14 M.R.S. § 6025: https://legislature.maine.gov/statutes/14/title14sec6025.html
• 14 M.R.S. § 6030: https://legislature.maine.gov/statutes/14/title14sec6030.html