DISCLAIMER
The following template and accompanying guidance are provided for general informational purposes only and do not constitute legal advice. No attorney–client relationship is formed by your use of this material. Because landlord-tenant statutes, regulations, and case law evolve, you must consult a qualified Maine attorney to ensure that this document is current, complete, and properly tailored to your specific facts and objectives.

Residential Lease Addendum

Mold Disclosure & Allocation of Responsibilities

(State of Maine)

Table of Contents

1. Document Header
2. Definitions
3. Operative Provisions
   3.1. Disclosure of Known Mold Conditions
   3.2. Tenant Inspection and Acknowledgment
   3.3. Prevention Obligations
   3.4. Reporting and Notice Procedures
   3.5. Remediation Procedures
   3.6. Relocation or Rent Abatement
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. Document Header

This Mold Disclosure & Allocation of Responsibilities Addendum (“Addendum”) is made part of that certain Residential Lease Agreement dated [EFFECTIVE DATE] (the “Lease”) by and between:

Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] with a mailing address of [ADDRESS] (“Landlord”); and

Tenant(s): [TENANT LEGAL NAME(S)] with a mailing address of [ADDRESS] (“Tenant”).

Collectively, Landlord and Tenant are the “Parties.” This Addendum is incorporated into and governed by the Lease, and all capitalized terms used but not defined in this Addendum shall have the meanings ascribed to them in the Lease.

2. Definitions

“Common Areas” – All areas of the Premises or property that are accessible to multiple tenants or the public, including but not limited to hallways, laundry rooms, basements, crawl spaces, roofs, and utility rooms.

“Moisture-Intrusion Event” – Any incident that introduces excess water or moisture into any portion of the Premises, including but not limited to flooding, plumbing leaks, roof leaks, HVAC malfunctions, or condensation buildup.

“Mold” – Any mold, mildew, fungus, or microbial growth of a type that can materially affect indoor air quality or human health as recognized by the Centers for Disease Control and Prevention (CDC) or other governmental health authority.

“Notice of Suspected Mold” – A written notice from either Party describing with reasonable specificity the visible or suspected presence of Mold or conditions likely to cause Mold.

“Premises” – The residential dwelling unit leased to Tenant under the Lease, including all appurtenant fixtures and improvements.

[// GUIDANCE: Adjust or expand definitions to align with the terminology used in your primary Lease.]

3. Operative Provisions

3.1 Disclosure of Known Mold Conditions

(a) Landlord represents that, to Landlord’s actual knowledge as of the Effective Date, the Premises (choose one):
☐ Contains no known active Mold.
☐ Contains active Mold in the following locations: [SPECIFY].
(b) Landlord has provided Tenant with any available records or reports pertaining to the presence, testing, or remediation of Mold in the Premises or building. Tenant acknowledges receipt of such documentation.

[// GUIDANCE: In Maine, landlords must disclose known environmental hazards, including mold, before tenancy commences.]

3.2 Tenant Inspection and Acknowledgment

(a) Tenant acknowledges that Tenant has been given the opportunity to visually inspect the Premises prior to occupancy.
(b) Tenant (choose one):
☐ Observed no visible Mold.
☐ Observed the following visible Mold: [SPECIFY].

3.3 Prevention Obligations

(a) Tenant shall maintain the Premises in a manner that prevents the accumulation of moisture and the growth of Mold, including but not limited to:
(i) operating exhaust fans or opening windows in bathrooms and kitchens during use;
(ii) keeping HVAC drip pans clean and unobstructed;
(iii) promptly removing visible moisture on windows, walls, and other surfaces;
(iv) maintaining the interior temperature at not less than [TEMPERATURE]°F during the heating season to inhibit condensation; and
(v) avoiding placement of furniture or other items that block air vents.

(b) Landlord shall:
(i) keep roofs, walls, and plumbing in watertight condition;
(ii) maintain HVAC systems in proper working order; and
(iii) promptly address building-wide Moisture-Intrusion Events in Common Areas.

3.4 Reporting and Notice Procedures

(a) Tenant shall provide Landlord with a Notice of Suspected Mold within 24 hours of discovery of (i) visible Mold, (ii) a Moisture-Intrusion Event, or (iii) persistent musty odors.
(b) Notices shall be delivered in accordance with the Lease’s notice provisions and include photographic evidence if feasible.

3.5 Remediation Procedures

(a) Upon receipt of a Notice of Suspected Mold, Landlord shall, within five (5) business days:
(i) inspect the reported condition;
(ii) engage qualified professionals when warranted to test or remediate Mold; and
(iii) commence remediation in accordance with industry standards such as ANSI/IICRC S520.
(b) Tenant shall provide reasonable access to the Premises for inspection and remediation.
(c) Costs:
(i) If Mold arises from a building defect, force majeure, or the negligence of Landlord or its agents, Landlord shall bear all reasonable remediation costs.
(ii) If Mold results from Tenant’s failure to comply with Section 3.3(a), Tenant shall reimburse Landlord for remediation costs as Additional Rent due within thirty (30) days of invoice.

3.6 Relocation or Rent Abatement

(a) If remediation renders the Premises wholly uninhabitable for more than seventy-two (72) consecutive hours, Landlord may, at its option:
(i) transfer Tenant to a comparable unit at no additional rent; or
(ii) abate rent on a per-diem basis for the period Tenant is unable to occupy the Premises.
(b) Nothing herein limits Tenant’s rights under Maine’s statutory warranty of habitability.

4. Representations & Warranties

4.1 Mutual Authority. Each Party warrants that it has full right, power, and authority to execute and perform this Addendum.

4.2 Landlord’s Limited Warranty. Except for the disclosures in Section 3.1, Landlord makes no representations or warranties, express or implied, concerning the absence of Mold. All other warranties, including warranties of habitability, are limited solely to those required by applicable law and the Lease.

4.3 Survival. The representations and warranties in this Addendum survive termination or expiration of the Lease for a period of one (1) year.

5. Covenants & Restrictions

5.1 Tenant Covenants. Tenant shall comply with the obligations in Sections 3.3 and 3.4.

5.2 Landlord Covenants. Landlord shall comply with the obligations in Sections 3.3(b) and 3.5.

5.3 No Alterations. Tenant shall not paint over or otherwise conceal Mold or water damage without Landlord’s written consent.

6. Default & Remedies

6.1 Events of Default. A Party is in default if it materially breaches Sections 3, 4, or 5 and fails to cure within the applicable cure period after written notice.

6.2 Cure Periods. Unless a shorter period is mandated by law, the defaulting Party shall have:
(a) Forty-eight (48) hours to commence corrective action for health-threatening conditions;
(b) Ten (10) days for all other breaches.

6.3 Remedies.
(a) Landlord Remedies. In addition to all rights in the Lease, Landlord may pursue eviction, damages, and injunctive relief.
(b) Tenant Remedies. Tenant may seek specific performance, rent abatement, or termination of the Lease in accordance with Maine law.
(c) Attorneys’ Fees. The prevailing Party in any action to enforce this Addendum shall be entitled to reasonable attorneys’ fees and costs.

7. Risk Allocation

7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold harmless Landlord and its agents from all claims, damages, and expenses arising from Tenant’s breach of this Addendum or negligent acts related to Mold.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from all claims, damages, and expenses arising from Landlord’s breach of this Addendum or negligent acts related to Mold.

7.2 Limitation of Liability. Except for claims based on gross negligence, willful misconduct, or statutory violations, neither Party shall be liable for consequential, punitive, or exemplary damages; liability is capped at actual, direct damages.

7.3 Insurance. Tenant is encouraged, and Landlord is permitted to require, that Tenant maintain renter’s insurance covering property damage and loss resulting from water or Mold.

7.4 Force Majeure. Landlord shall not be liable for delays in remediation caused by events beyond Landlord’s reasonable control, provided Landlord acts diligently to mitigate effects.

8. Dispute Resolution

8.1 Governing Law. This Addendum and the Lease shall be governed by the landlord-tenant statutes and common law of the State of Maine.

8.2 Forum Selection. Any action arising out of this Addendum shall be filed exclusively in the [COUNTY] Housing Court or other court of competent jurisdiction within the State of Maine.

8.3 Arbitration. The Parties expressly agree that binding arbitration is excluded.

8.4 Jury Waiver. Nothing in this Addendum constitutes a waiver of any Party’s constitutional right to a jury trial.

8.5 Injunctive Relief. Either Party may seek injunctive relief to enforce obligations affecting habitability or health without posting bond to the extent permitted by law.

9. General Provisions

9.1 Amendments. No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both Parties.

9.2 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent, which may be withheld consistent with Maine law.

9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their lawful successors and assigns.

9.4 Severability. If any provision of this Addendum is held invalid, the remaining provisions remain enforceable, and the invalid provision shall be reformed to the minimum extent necessary to effectuate its intent.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement relating to the subject matter herein and supersedes all prior oral or written statements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Electronic signatures and PDF copies are deemed originals.

10. Execution Block

IN WITNESS WHEREOF, the Parties have executed this Mold Disclosure & Allocation of Responsibilities Addendum as of the Effective Date.

Landlord:

Name: [PRINTED NAME]
Title: [IF APPLICABLE]
Date: _________

Tenant(s):

Name: [PRINTED NAME]
Date: _________

[Add additional signature lines for multiple tenants as needed]

[NOTARY BLOCK – include if required by your local recording or evidentiary rules]

[// GUIDANCE:
1. Review Maine Rev. Stat. Ann. tit. 14 landlord-tenant provisions for any newly enacted mold-specific requirements (e.g., mandatory pamphlets, certified remediation contractors, or additional tenant rights).
2. Ensure the cure periods and remediation timelines comply with any municipal ordinances if the property is in a city with stricter standards.
3. Attach any relevant disclosure pamphlets or inspection reports as exhibits to this Addendum.
4. Coordinate the Addendum’s notice provisions with the main Lease to avoid conflicting timelines.
]