MOLD DISCLOSURE AND PREVENTION ADDENDUM

TO RESIDENTIAL LEASE AGREEMENT

(State of Michigan)

TABLE OF CONTENTS

I. Document Header..............................................1
II. Definitions..................................................2
III. Operative Provisions........................................4
IV. Representations & Warranties.................................6
V. Covenants & Restrictions.....................................7
VI. Default & Remedies...........................................8
VII. Risk Allocation.............................................10
VIII. Dispute Resolution.........................................11
IX. General Provisions...........................................12
X. Execution Block..............................................14

I. DOCUMENT HEADER

1.1 Addendum Title. This Mold Disclosure and Prevention Addendum (the “Addendum”) is entered into as of the Effective Date set forth below and is incorporated into and made part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) between [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (“Tenant”).
1.2 Premises. The premises subject to the Lease are commonly known as [PROPERTY ADDRESS, CITY, MI ZIP] (the “Premises”).
1.3 Consideration. The mutual promises herein and in the Lease constitute good and sufficient consideration.
1.4 Effective Date. [EFFECTIVE DATE].
1.5 Jurisdiction. This Addendum is governed by and shall be interpreted under the laws of the State of Michigan, without regard to conflict-of-law principles.

[// GUIDANCE: Attach this Addendum to every new or renewing residential lease for Michigan properties. If the Lease predates this Addendum, execute a stand-alone amendment referencing the original lease.]

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; terms not defined herein have the meanings ascribed in the Lease.

“Addendum” has the meaning set forth in Section 1.1.
“Applicable Law” means all federal, state, and local statutes, regulations, ordinances, and building or housing codes governing habitability, mold, or indoor air quality, including but not limited to the Michigan Truth in Renting Act, MCL 554.631 et seq.; the Housing Law of Michigan, MCL 125.401 et seq.; and MCL 554.139 regarding landlord repair obligations.
“Condition Report” means the written condition report regarding visible mold and moisture conditions delivered by Landlord under Section 3.4.
“Excess Moisture Event” means any plumbing leak, flooding, roof leak, or other condition reasonably likely to result in moisture accumulation within the Premises.
“Landlord” has the meaning set forth in Section 1.1.
“Mold” means microscopic fungi as defined by ASTM D7338 or any successor standard, including all species of mold, mildew, or yeast that can grow on building materials.
“Premises” has the meaning set forth in Section 1.2.
“Qualified Inspector” means a mold assessor or industrial hygienist licensed or certified under Applicable Law or industry standards (e.g., ACAC, IICRC).
“Remediation” means removal, cleaning, or treatment of Mold and replacement of materials in accordance with ANSI/IICRC S520 or any successor standard.
“Tenant” has the meaning set forth in Section 1.1.

III. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum supplements and is fully incorporated into the Lease; in the event of conflict, this Addendum controls with respect to Mold matters.
3.2 Disclosure Statement. Landlord states that, to Landlord’s actual knowledge, (a) no active Mold growth is present in the Premises, and (b) Landlord has received no written notice of prior Mold-related litigation or governmental enforcement actions concerning the Premises, except as disclosed in Exhibit A.
3.3 Tenant Acknowledgment. Tenant acknowledges receipt of (a) this Addendum; (b) any exhibit referenced herein; and (c) the EPA publication “A Brief Guide to Mold, Moisture, and Your Home” (or successor).
3.4 Condition Report. On or before occupancy, Landlord shall deliver to Tenant a Condition Report noting any visible Mold, water stains, or Excess Moisture Event evidence. Tenant shall sign and return the Condition Report within five (5) days after possession; failure to do so constitutes acceptance of the Premises as described therein.
3.5 Continuous Duty to Report. Tenant shall promptly (and in any event within twenty-four (24) hours) notify Landlord in writing of (a) any Excess Moisture Event, (b) visible Mold growth, or (c) musty odors suggestive of Mold.
3.6 Preventive Maintenance Standards. Tenant shall:
a. Maintain interior relative humidity below 60% by using exhaust fans and HVAC systems;
b. Keep the Premises clean, especially kitchens and bathrooms;
c. Not block HVAC vents or shut off supplied ventilation;
d. Wipe condensation from windows and other surfaces; and
e. Immediately remove standing water.
3.7 Access for Inspection. Upon twenty-four (24) hours’ notice (or shorter in emergency), Tenant shall provide Landlord and any Qualified Inspector reasonable access to the Premises for Mold inspection, sampling, or Remediation.
3.8 Remediation Procedures.
a. If Mold is confirmed by a Qualified Inspector, Landlord shall commence Remediation within a commercially reasonable time, in compliance with Applicable Law and industry standards.
b. Tenant shall cooperate with any temporary relocation or containment measures reasonably necessary for Remediation; rent shall abate proportionately for any period of material loss of use.
3.9 Completion Notice. Landlord shall provide Tenant with a written certification from the Qualified Inspector that Remediation has been completed in accordance with Section 3.8.

[// GUIDANCE: Exhibit A is optional; if there is no existing Mold condition, insert “None.”]

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents that it has full authority to enter into this Addendum and that its execution does not violate any other agreement.
4.2 Landlord Limited Warranty. Landlord warrants that, as of the Effective Date, Landlord has (a) disclosed all known, material Mold conditions affecting the Premises; and (b) complied with Applicable Law regarding Mold disclosure.
4.3 Disclaimer of Additional Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4.2, LANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ABSENCE OF MOLD OR THE INDOOR AIR QUALITY OF THE PREMISES, AND DISCLAIMS ANY IMPLIED WARRANTY OF HABITABILITY TO THE EXTENT PERMITTED BY MCL 554.633.
4.4 Survival. The representations and warranties in this Addendum survive expiration or earlier termination of the Lease for one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Affirmative Covenants. Tenant shall (a) comply with the Preventive Maintenance Standards in Section 3.6; (b) use all plumbing and appliances in a reasonable manner; and (c) maintain renters’ insurance covering personal property damage caused by Mold.
5.2 Tenant Negative Covenants. Tenant shall not (a) introduce Mold-promoting materials (e.g., unvented kerosene heaters); (b) disable bathroom or kitchen exhaust fans; (c) paint over visible Mold; or (d) undertake self-help Mold remediation without Landlord’s written consent.
5.3 Landlord Covenants. Landlord shall: (a) comply with Applicable Law concerning Mold; (b) maintain the roof, windows, plumbing, and HVAC system to prevent water intrusion; and (c) retain records of all Mold inspections and Remediation for at least four (4) years.
5.4 Notice & Cure. Except in emergencies, a Party alleging breach of this Article V shall deliver written notice stating the nature of the breach and allow the other Party five (5) business days to cure.

VI. DEFAULT & REMEDIES

6.1 Tenant Events of Default. The following constitute Events of Default by Tenant:
(i) Failure to report Mold or Excess Moisture Event as required herein;
(ii) Obstruction of Landlord access for inspection or Remediation;
(iii) Willful or negligent conduct that causes Mold growth.
6.2 Landlord Events of Default. Landlord’s failure to commence and diligently pursue Remediation within a reasonable time after notice constitutes an Event of Default by Landlord.
6.3 Notice and Cure. Except for emergencies, the non-defaulting Party shall provide written notice and a seven (7) day opportunity to cure prior to exercising remedies.
6.4 Remedies.
a. Landlord Remedies. Upon Tenant default, Landlord may (1) perform Tenant obligations at Tenant’s expense; (2) charge such costs as additional rent; and (3) pursue any remedy available under the Lease or Applicable Law.
b. Tenant Remedies. Upon Landlord default, Tenant may (1) request inspection by a Qualified Inspector at Landlord’s cost; (2) obtain injunctive relief compelling Remediation; and (3) pursue damages limited as provided in Article VII.
c. Attorney Fees. The prevailing Party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and costs.

VII. RISK ALLOCATION

7.1 Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, its agents, and affiliates from and against any third-party claims, liabilities, damages, or expenses (including reasonable attorney fees) arising out of or relating to (a) the Indemnifying Party’s breach of this Addendum; or (b) the negligence or willful misconduct of the Indemnifying Party or its invitees.
7.2 Limitation of Liability. EXCEPT FOR (i) PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND (ii) OBLIGATIONS EXPRESSLY ASSUMED UNDER SECTION 7.1, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES. IN ALL EVENTS, A PARTY’S LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL, DIRECT DAMAGES.
7.3 Insurance. Landlord shall maintain property and liability insurance covering the building; Tenant shall maintain renters’ insurance including personal property coverage for Mold-related damage in an amount not less than [AMOUNT].
7.4 Force Majeure. Neither Party is liable for delay or failure to perform obligations to the extent caused by events beyond reasonable control, provided the affected Party gives prompt notice and uses diligent efforts to mitigate.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the laws of the State of Michigan.
8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the state district court or housing court of competent jurisdiction in the county where the Premises are located for any action arising out of this Addendum.
8.3 Arbitration Excluded. The Parties agree that disputes shall be resolved exclusively in the courts identified in Section 8.2; no agreement to arbitrate is created.
8.4 Jury Trial Right Preserved. Nothing herein constitutes a waiver of the Parties’ constitutional right to a trial by jury.
8.5 Injunctive Relief. Each Party acknowledges that breach of the obligations relating to habitability and Mold may cause irreparable harm; therefore, injunctive relief is an appropriate remedy in addition to any other relief available.

IX. GENERAL PROVISIONS

9.1 Entire Agreement. This Addendum, the Lease, and any exhibits constitute the complete agreement regarding Mold and supersede prior discussions.
9.2 Amendment & Waiver. No modification of this Addendum is effective unless in a writing signed by both Parties. No waiver of any provision is effective unless in writing, and a waiver on one occasion is not a waiver on subsequent occasions.
9.3 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as expressly permitted in the Lease.
9.4 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, successors, and permitted assigns.
9.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision is reformed to the minimum extent necessary to comply with Applicable Law.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, e-signature platform) are effective.
9.7 Notices. All notices under this Addendum must comply with the notice provisions of the Lease; if none, notices must be in writing and delivered personally, by certified mail, or by nationally-recognized overnight courier.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date.

[Notary Acknowledgment – attach if required by local recording or evidentiary rules.]

EXHIBIT A

(Initial Mold Condition Disclosure)

☐ None.
☐ The following known Mold conditions exist: ___________

[// GUIDANCE: Delete Exhibit A if not required. Retain executed copy with Lease files for statutory retention period.]