Residential Lease Addendum — Mold Disclosure

MOLD DISCLOSURE AND PREVENTION ADDENDUM

TO RESIDENTIAL LEASE AGREEMENT

State of Michigan

IMPORTANT PRACTITIONER NOTES

• No Michigan mold-specific statute: Michigan does not currently have a statute specifically requiring mold disclosure. However, landlords have obligations under the implied warranty of habitability (MCL 554.139) and the Truth in Renting Act (MCL 554.631 et seq.).
• MCL 554.139: Requires landlords to maintain premises fit for the use intended and in reasonable repair, and to comply with health and safety laws.
• Pending legislation: SB 19 (2025 session) would require landlords to begin mold repairs within 72 hours, allow tenants to withhold rent for mold, and require IICRC S520 professional standards. Verify current status.
• Best practice: Proactive mold disclosure protects against liability for fraud or negligent misrepresentation claims.

I. DOCUMENT HEADER

Effective Date: [__/__/____]

Landlord: [________________________________]
Landlord's Address: [________________________________]

Tenant(s): [________________________________]
Premises Address: [________________________________], Michigan [____]

Incorporation

This Mold Disclosure and Prevention Addendum (the "Addendum") is incorporated into the Residential Lease Agreement dated [__/__/____] (the "Lease") for the Premises described above.

II. DEFINITIONS

1. "Applicable Law" — All federal, state, and local statutes, regulations, ordinances, and building/housing codes governing habitability, mold, or indoor air quality, including MCL 554.139, MCL 554.631 et seq., and MCL 125.401 et seq.
2. "Condition Report" — The written condition report regarding visible mold and moisture conditions delivered by Landlord under Section III.D.
3. "Excess Moisture Event" — Any plumbing leak, flooding, roof leak, or other condition reasonably likely to result in moisture accumulation.
4. "Mold" — Microscopic fungi, including all species of mold, mildew, or yeast that can grow on building materials (per ASTM D7338 or successor standard).
5. "Qualified Inspector" — A mold assessor or industrial hygienist licensed or certified under applicable standards (e.g., ACAC, IICRC).
6. "Remediation" — Removal, cleaning, or treatment of Mold in accordance with ANSI/IICRC S520 or successor standard.

III. OPERATIVE PROVISIONS

A. Incorporation

This Addendum supplements the Lease. In the event of conflict, this Addendum controls regarding Mold matters.

B. Disclosure Statement

Landlord states that, to Landlord's actual knowledge, as of the Effective Date:

☐ No active Mold growth is present in the Premises.
☐ The following known Mold conditions exist: [________________________________]
☐ Landlord has received no written notice of prior Mold-related litigation or governmental enforcement actions concerning the Premises.
☐ Exceptions disclosed in Exhibit A.

C. Tenant Acknowledgment

Tenant acknowledges receipt of: (a) this Addendum; (b) any exhibit; and (c) the EPA publication "A Brief Guide to Mold, Moisture, and Your Home" (or successor document).

D. Condition Report

On or before occupancy, Landlord shall deliver a Condition Report noting any visible Mold, water stains, or Excess Moisture Event evidence. Tenant shall sign and return within five (5) days; failure constitutes acceptance of the Premises as described.

E. Continuous Duty to Report

Tenant shall promptly (within 24 hours) notify Landlord in writing of: (a) any Excess Moisture Event; (b) visible Mold growth; (c) musty odors suggestive of Mold.

F. Preventive Maintenance Standards

Tenant shall:
(a) Maintain interior relative humidity below 60% using exhaust fans and HVAC systems;
(b) Keep the Premises clean, especially kitchens and bathrooms;
(c) Not block HVAC vents or shut off ventilation;
(d) Wipe condensation from windows and surfaces;
(e) Immediately remove standing water.

G. Access for Inspection

Upon 24 hours' notice (or shorter in emergency), Tenant shall provide Landlord and any Qualified Inspector reasonable access for Mold inspection, sampling, or Remediation.

H. 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 ANSI/IICRC S520.
(b) Tenant shall cooperate with temporary relocation or containment measures. Rent shall abate proportionately for any period of material loss of use.

I. Completion Notice

Landlord shall provide written certification from the Qualified Inspector that Remediation has been completed in accordance with applicable standards.

IV. REPRESENTATIONS AND WARRANTIES

4.1 Mutual Representations

Each party has full authority to enter into this Addendum.

4.2 Landlord Limited Warranty

Landlord warrants that, as of the Effective Date: (a) all known material Mold conditions have been disclosed; (b) Landlord has complied with Applicable Law regarding Mold disclosure.

4.3 Disclaimer

EXCEPT AS PROVIDED IN SECTION 4.2, LANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ABSENCE OF MOLD OR INDOOR AIR QUALITY, AND DISCLAIMS ANY IMPLIED WARRANTY OF HABITABILITY TO THE EXTENT PERMITTED BY MCL 554.633.

4.4 Survival

Representations survive termination for one (1) year.

V. COVENANTS

Tenant Affirmative Covenants

(a) Comply with Preventive Maintenance Standards (Section III.F);
(b) Use plumbing and appliances reasonably;
(c) Maintain renters' insurance covering personal property damage from Mold.

Tenant Negative Covenants

Tenant shall not: (a) introduce Mold-promoting materials (e.g., unvented kerosene heaters); (b) disable exhaust fans; (c) paint over visible Mold; (d) undertake self-help Mold remediation without written consent.

Landlord Covenants

(a) Comply with Applicable Law concerning Mold;
(b) Maintain roof, windows, plumbing, and HVAC to prevent water intrusion;
(c) Retain records of all inspections and Remediation for at least four (4) years.

VI. DEFAULT AND REMEDIES

Tenant Events of Default

(i) Failure to report Mold or Excess Moisture Event;
(ii) Obstruction of access for inspection or Remediation;
(iii) Willful or negligent conduct causing Mold growth.

Landlord Events of Default

Failure to commence and diligently pursue Remediation within a reasonable time after notice.

Remedies

Landlord: (1) Perform Tenant obligations at Tenant's expense as additional rent; (2) pursue remedies under the Lease; (3) summary proceedings (MCL 600.5714).
Tenant: (1) Request inspection at Landlord's cost; (2) obtain injunctive relief compelling Remediation; (3) pursue damages (limited per Section VII); (4) rent abatement for uninhabitable conditions.
Attorney Fees: The prevailing party may recover reasonable attorney fees.

VII. RISK ALLOCATION

7.1 Indemnification

Each party shall indemnify, defend, and hold harmless the other from third-party claims arising from the Indemnifying Party's breach or negligence.

7.2 Limitation of Liability

EXCEPT FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES. LIABILITY IS LIMITED TO ACTUAL, DIRECT DAMAGES.

7.3 Insurance

Landlord: property and liability insurance covering the building.
Tenant: renters' insurance covering personal property for Mold-related damage, minimum $[________].

VIII. DISPUTE RESOLUTION

1. Governing Law. Michigan law.
2. Forum. State district court or housing court in the county where the Premises are located.
3. Arbitration Excluded.
4. Jury Trial. Constitutional right preserved.
5. Injunctive Relief. Each party may seek injunctive relief for habitability and Mold matters without posting bond, to the extent permitted.

IX. GENERAL PROVISIONS

1. Integration. This Addendum and the Lease are the entire agreement regarding Mold.
2. Amendment. Written instrument signed by both parties.
3. Severability. Invalid provisions reformed.
4. Counterparts; Electronic Signatures. Effective.
5. Notices. Per the Lease notice provisions.

X. EXECUTION BLOCK

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

EXHIBIT A — INITIAL MOLD CONDITION DISCLOSURE

☐ None. Landlord has no knowledge of any current Mold conditions.

☐ The following known Mold conditions exist:
[________________________________]
[________________________________]

ADDITIONAL LEGAL NOTICES AND PRACTITIONER GUIDANCE

A. Federal Requirements

All parties should be aware of applicable federal laws and regulations that may affect the rights and obligations described in this document, including but not limited to:

• Fair Housing Act (42 U.S.C. § 3604) — Prohibits discrimination in housing
• Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) — Reasonable accommodations
• Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) — Military service protections
• Truth in Lending Act (15 U.S.C. § 1601 et seq.) — Where applicable to real estate transactions
• Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) — Settlement and closing requirements

B. State-Specific Compliance

This document is drafted to comply with the specific laws of the jurisdiction indicated in the YAML frontmatter. Practitioners should verify that all statutory citations remain current, as state legislatures may amend relevant statutes at any time.

C. Record Retention

All parties should retain executed copies of this document, together with all supporting documentation, for a minimum period of:

• Three (3) years after the date of execution or the date of final resolution of any dispute arising hereunder, whichever is later; or
• Such longer period as may be required by applicable law or professional obligation.

D. Professional Responsibility

Attorneys preparing or reviewing this document should ensure compliance with their state's Rules of Professional Conduct, including rules regarding competence, diligence, communication, and conflicts of interest.

E. Tax Implications

The transactions described in this document may have federal, state, or local tax implications. The parties are encouraged to consult qualified tax professionals regarding any reporting obligations, deductions, or credits that may arise.

F. Electronic Records

To the extent this document is executed, stored, or transmitted electronically, the parties acknowledge compliance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state electronic transaction laws.

PRACTITIONER CHECKLIST

Before executing this document, verify:

☐ All fill-in fields have been completed with accurate information
☐ All statutory citations have been verified as current
☐ The document complies with applicable state and local requirements
☐ All parties have been properly identified with correct legal names
☐ The document has been reviewed by qualified legal counsel
☐ All required supporting documentation is attached or referenced
☐ Proper service/delivery methods have been identified
☐ Copies have been made for all parties
☐ Deadlines and compliance dates have been calendared
☐ Any applicable filing fees or taxes have been calculated
☐ The document meets formatting requirements for filing/recording (if applicable)
☐ All guidance comments have been removed before final execution

DOCUMENT DELIVERY AND SERVICE LOG

AMENDMENT AND MODIFICATION HISTORY

SOURCES AND REFERENCES

1. MCL 554.139 — Implied Warranty of Habitability: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-554-139
2. MCL 554.631 et seq. — Truth in Renting Act
3. MCL 125.401 et seq. — Housing Law of Michigan
4. EPA — "A Brief Guide to Mold, Moisture, and Your Home": https://www.epa.gov/mold
5. ANSI/IICRC S520 — Standard for Professional Mold Remediation
6. Michigan State Bar — www.michbar.org

This Addendum is intended to address Mold disclosure obligations under Michigan law. While Michigan does not have a Mold-specific statute, landlords have duties under the implied warranty of habitability (MCL 554.139). This template does not constitute legal advice. Consult a licensed Michigan attorney.