Residential Lease Addendum — Mold Disclosure - Michigan

MOLD DISCLOSURE AND PREVENTION ADDENDUM

TO RESIDENTIAL LEASE AGREEMENT

State of Michigan

IMPORTANT PRACTITIONER NOTE

Mich. Comp. Laws § 554.139 requires residential premises and common areas to be fit for their intended use, kept in reasonable repair, and maintained in compliance with applicable state and local health and safety law, subject to the statute's terms. It does not state a mold-specific response period. Check controlling local codes and orders for the Premises before setting a deadline.

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" — Current federal, state, and local law governing the Premises and the condition at issue, including Mich. Comp. Laws §§ 554.139 and 554.633.
2. "Condition Report" — The written record of visible mold and moisture conditions prepared 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" — Visible or laboratory-identified fungal growth requiring evaluation under the condition, professional protocol, or applicable law.
5. "Qualified Inspector" — A person whose training, credentials, and scope are appropriate for the requested evaluation and permitted by applicable law.
6. "Remediation" — The condition-specific moisture correction, cleaning, removal, containment, or other work recommended by the retained professional and required by applicable law.

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:

☐ Landlord has no actual knowledge of active Mold growth 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) if delivered, the current EPA publication "A Brief Guide to Mold, Moisture and Your Home."

D. Condition Report

On or before occupancy, the Parties shall document visible Mold, water stains, and evidence of an Excess Moisture Event in the Lease's condition checklist. A missed return date is not an admission and does not waive a statutory right.

E. Continuous Duty to Report

Tenant shall promptly notify Landlord in writing of an Excess Moisture Event, visible Mold growth, or a persistent musty odor.

F. Preventive Maintenance Standards

Tenant shall:
(a) Use available exhaust fans and HVAC systems reasonably and follow any building-specific humidity instructions supported by professional guidance;
(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

Landlord and a Qualified Inspector may enter only through the notice and access procedure authorized by the Lease and applicable law, except for a genuine emergency.

H. Remediation Procedures

(a) If a condition requiring work is confirmed, Landlord shall respond within the time required by Mich. Comp. Laws § 554.139, applicable health and safety law, the severity of the condition, and any controlling order.
(b) The Parties shall document any temporary relocation, containment, access, and rent adjustment. Nothing in this Addendum predetermines a statutory remedy or waives a right under applicable law.

I. Completion Notice

After professional work, Landlord shall provide any completion report issued by the retained professional and any notice required by applicable law.

IV. REPRESENTATIONS AND WARRANTIES

4.1 Mutual Representations

Each party has full authority to enter into this Addendum.

4.2 Landlord Knowledge Statement

Landlord states that, as of the Effective Date, the disclosures in Section III.B are accurate to Landlord's actual knowledge.

4.3 Disclaimer

Nothing in this Addendum disclaims or alters a remedy for the fitness and repair covenants in Mich. Comp. Laws § 554.139. Mich. Comp. Laws § 554.633(1)(a) prohibits such a clause.

4.4 Survival

Liability, if any, follows the Lease and applicable law; this Addendum creates no one-year presumption or cutoff.

V. COVENANTS

Tenant Affirmative Covenants

(a) Comply with Preventive Maintenance Standards (Section III.F);
(b) Use plumbing and appliances reasonably;
(c) Comply with any lawful renters' insurance requirement stated in the Lease.

Tenant Negative Covenants

Tenant shall not: (a) introduce equipment that creates unsafe excess moisture; (b) disable exhaust fans; (c) conceal visible Mold; or (d) disturb a suspected condition in a manner that creates an avoidable exposure risk.

Landlord Covenants

(a) Comply with Applicable Law concerning Mold;
(b) Maintain roof, windows, plumbing, and HVAC as required by Mich. Comp. Laws § 554.139 and other applicable law;
(c) Retain inspection and Remediation records for the period required by applicable law and the Association's or Landlord's documented retention policy.

VI. DEFAULT AND REMEDIES

Tenant Breach

A material failure to report a known Excess Moisture Event, unreasonable obstruction of lawful access, or conduct causing the condition is addressed under the Lease and applicable law. This Addendum does not make every omission an independent ground for possession.

Landlord Events of Default

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

Remedies

Landlord: Perform a curable Tenant preparation duty when the Lease permits, charge a lawful documented amount, and seek possession only on an authorized ground through the applicable demand and summary-proceeding route.
Tenant: Request evaluation, seek relief a court may award, and exercise remedies available under the Lease and applicable law.
Attorney Fees: Legal costs and attorney fees are recoverable only when specifically permitted by statute or other applicable authority. See Mich. Comp. Laws § 554.633(1)(g).

VII. RISK ALLOCATION

7.1 Responsibility for Caused Loss

Each Party is responsible for loss caused by that Party's conduct to the extent determined under applicable law. This Addendum does not exculpate Landlord from a duty imposed by law or shift Landlord's negligent performance of that duty. See Mich. Comp. Laws § 554.633(1)(e).

7.2 No General Damages Cap

Available damages and defenses are determined by the Lease and applicable law; this Addendum does not impose a general damages cap or categorical waiver.

7.3 Insurance

Landlord: insurance required by the Lease, financing documents, or applicable law.
Tenant: any renters' insurance lawfully required by the Lease.

VIII. DISPUTE RESOLUTION

1. Governing Law. Michigan law.
2. Forum. A possession case must proceed in the court authorized by Mich. Comp. Laws § 600.5704 and applicable court rules. Other claims require a Michigan court with jurisdiction.
3. Arbitration Excluded.
4. Jury Trial. Constitutional right preserved.
5. Court Relief. Each Party may request relief a court may award under the governing procedure; this Addendum does not waive a bond or other requirement.

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. An unenforceable provision is severed only to the extent permitted by law; no statutory right is waived.
4. Counterparts. The Parties may sign counterparts.
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:
[________________________________]
[________________________________]

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
☐ The Lease's notice and access procedures have been confirmed
☐ Copies have been made for all parties
☐ Any condition-specific response dates have been calendared
☐ All guidance comments have been removed before final execution

DOCUMENT DELIVERY AND SERVICE LOG

SOURCES AND REFERENCES

1. Michigan Legislature, Mich. Comp. Laws § 554.139 — residential lessor covenants: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-554-139
2. Michigan Legislature, Mich. Comp. Laws §§ 554.601 and 554.607 — security-deposit classification and uses: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-554-601 and https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-554-607
3. Michigan Legislature, Mich. Comp. Laws § 554.633 — prohibited residential lease provisions: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-554-633
4. Michigan Legislature, Mich. Comp. Laws § 600.2918 — forcible entry, ejection, and interference with possessory interests: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-2918
5. Michigan Legislature, Mich. Comp. Laws §§ 600.5704, 600.5714, 600.5716, and 600.5744 — summary-proceeding jurisdiction, grounds, demands, and orders of eviction: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5704, https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5714, https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5716, and https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5744
6. U.S. Environmental Protection Agency, “A Brief Guide to Mold, Moisture and Your Home” — nonbinding prevention and cleanup guidance: https://www.epa.gov/mold/brief-guide-mold-moisture-and-your-home

This Addendum documents known conditions and allocates notice and response procedures. It does not constitute legal advice. Consult a licensed Michigan attorney and check applicable local law before use.