MOLD DISCLOSURE & PREVENTION ADDENDUM

to RESIDENTIAL LEASE AGREEMENT

(Minnesota Property)

[// GUIDANCE: This Addendum is intended for attachment to a residential lease governed by Minnesota law. Replace all bracketed placeholders before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title; Parties Identification
   This Mold Disclosure & Prevention Addendum (the “Addendum”) is made part of, and fully incorporated into, that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) by and between:
   • Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE], with a notice address of [LANDLORD NOTICE ADDRESS] (“Landlord”); and
   • Tenant: [TENANT LEGAL NAME(S)] (collectively, “Tenant”).

2. Recitals
   A. Landlord leases to Tenant the Premises located at [PROPERTY ADDRESS] (the “Premises”).
   B. Pursuant to Minn. Stat. § 504B.161, Landlord must maintain the Premises in reasonable repair and fit for intended use.
   C. The parties desire to set forth their respective rights and obligations with respect to mold disclosure, prevention, and remediation to promote habitability and minimize health risks.

3. Effective Date & Jurisdiction
   This Addendum is effective as of the later of (i) the Lease commencement date or (ii) the date of final signature below (the “Effective Date”). The Addendum is governed by the law specified in Section VIII below.

II. DEFINITIONS

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

“Affected Area” – The portion of the Premises containing Visible Mold or Elevated Moisture.

“Elevated Moisture” – Moisture levels in building materials above industry‐accepted standards or readings exceeding [##]% on a calibrated moisture meter.

“Habitability Standards” – The minimum conditions of fitness, safety, and repair required under Minn. Stat. § 504B.161 and any applicable local ordinances.

“Mold Remediation Plan” – A written protocol prepared by a qualified mold professional describing containment, removal, cleaning, clearance criteria, and post‐remediation verification.

“Visible Mold” – Mold growth that is readily observable without intrusive investigation.

III. OPERATIVE PROVISIONS

3.1 Disclosure of Known Mold Conditions
a. Landlord Disclosure. Landlord represents that, as of the Effective Date, Landlord has:
i. Conducted a visual inspection of readily accessible areas of the Premises; and
ii. [SELECT ONE: “Identified no Visible Mold” / “Identified Visible Mold in the following locations: ____.”]
b. Report Availability. Any third‐party inspection or laboratory report in Landlord’s possession relating to mold at the Premises within the past [24] months is available for Tenant’s review upon written request.

3.2 Pre‐Occupancy Right of Inspection
Tenant may, at Tenant’s sole cost, obtain an independent mold inspection prior to occupancy, provided Tenant furnishes Landlord a copy of the inspection report no later than [3] days before move‐in.

3.3 Prevention & Maintenance Standards
a. Landlord Obligations. Landlord shall:
i. Maintain the building envelope, roof, plumbing, HVAC, and common areas in a manner that prevents water intrusion;
ii. Respond to written reports of water leaks, moisture, or mold within [24] hours; and
iii. Remedy water intrusions and moisture sources within a commercially reasonable period, not to exceed [5] business days, subject to force majeure (Section VII.3).
b. Tenant Obligations. Tenant shall:
i. Use ventilation (bathroom fans, range hoods, windows) to control moisture;
ii. Promptly (within 24 hours) notify Landlord in writing of any water leak, plumbing failure, condensation, or Visible Mold;
iii. Maintain the interior temperature at not less than [60°F] when the Premises is occupied to prevent condensation; and
iv. Keep furniture and personal property at least two inches from walls to facilitate air circulation.

3.4 Notification & Access for Remediation
Upon Tenant’s notice of a potential mold condition, Landlord may enter the Premises on at least [24] hours’ notice (or sooner in an emergency) to inspect, test, and implement the Mold Remediation Plan. Tenant shall grant reasonable access and, if necessary, temporarily relocate within the building or offsite as provided in Section VI.4.

3.5 Remediation Procedures
a. Standards. Landlord shall retain a qualified mold remediation contractor certified under applicable industry standards (e.g., IICRC S520) to develop and execute the Mold Remediation Plan.
b. Clearance. Remediation is complete when post‐remediation verification demonstrates the absence of Visible Mold and confirms that indoor air sampling (if conducted) is comparable to outdoor levels.
c. Rent Abatement. If Tenant is required to vacate the Affected Area for more than 48 consecutive hours due to remediation, Tenant’s rent shall be abated on a pro rata basis for the period of non‐occupancy.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents and warrants that:
a. The information disclosed in Section 3.1 is true, complete, and based on Landlord’s actual knowledge;
b. All remediation work, if any, performed prior to the Effective Date complied with applicable laws and industry standards; and
c. Landlord holds all licenses necessary to perform (or cause to be performed) required repairs and remediation.

4.2 Tenant represents and warrants that Tenant has received and reviewed:
a. This Addendum;
b. Any inspection or laboratory reports provided by Landlord; and
c. The Minnesota Department of Health informational publication “Mold in Homes” (current as of the Effective Date).

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

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Landlord
a. Maintain Habitability Standards at all times.
b. Deliver written notice to Tenant of any water‐related insurance claim affecting the Premises within [10] days of filing such claim.

5.2 Negative Covenants of Tenant
a. Tenant shall not disable or impede bathroom or kitchen ventilation systems.
b. Tenant shall not introduce plants, aquariums, or other moisture sources that materially elevate indoor humidity without Landlord’s prior written consent.

5.3 Compliance Monitoring
Landlord may conduct periodic moisture or humidity measurements, not more than twice per calendar year unless otherwise agreed or warranted by a reported incident.

5.4 Notice & Cure
Except in emergencies, the non‐breaching party shall provide written notice describing the breach and a cure period of:
a. Landlord – seven (7) days to commence cure; or
b. Tenant – three (3) days to commence cure.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Tenant’s failure to comply with Section 3.3(b) (Tenant Obligations) or Section 5.2.
b. Landlord’s failure to comply with Section 3.3(a) or failure to timely implement remediation under Section 3.5.

6.2 Remedies of Landlord
Upon Tenant default, Landlord may, in addition to Lease remedies:
i. Perform Tenant’s obligations at Tenant’s expense and recover such costs as Additional Rent;
ii. Seek injunctive relief to compel Tenant’s compliance with moisture control obligations; and
iii. Declare a material breach of the Lease if mold conditions result from Tenant’s gross negligence or willful misconduct.

6.3 Remedies of Tenant
Upon Landlord default, Tenant may:
i. Provide a second written notice with a three (3)–day cure period;
ii. If uncured, retain qualified contractors to perform necessary remediation and deduct reasonable, documented costs from Rent up to the lesser of (x) one month’s Rent or (y) $500, pursuant to Minn. Stat. § 504B.385; or
iii. Seek injunctive relief or termination in Housing Court if the Premises fails to satisfy Habitability Standards.

6.4 Temporary Relocation
If Tenant’s primary sleeping area is an Affected Area, Landlord shall, at Landlord’s expense, provide comparable temporary housing during remediation or, at Tenant’s election, terminate the Lease without penalty.

6.5 Attorneys’ Fees
The prevailing party in any action to enforce this Addendum is entitled to reasonable attorneys’ fees and costs, including expert fees, to the extent permitted by Minn. Stat. § 549.211.

VII. RISK ALLOCATION

7.1 Indemnification
a. Tenant indemnifies Landlord and its agents against all claims, liabilities, and damages (including bodily injury) arising from Tenant’s breach of its obligations herein, except to the extent caused by Landlord’s negligence or willful misconduct.
b. Landlord indemnifies Tenant for losses arising from Landlord’s breach or gross negligence in failing to maintain Habitability Standards.

7.2 Limitation of Liability
Except for (i) personal injury or death, (ii) willful misconduct, or (iii) obligations under Section 7.1, each party’s liability under this Addendum is limited to direct, actual damages not to exceed an amount equal to twelve (12) months’ Base Rent.

7.3 Force Majeure
Performance is excused for delays attributable to events beyond the performing party’s reasonable control, including acts of God, utility failures, or governmental actions, provided the party invokes this Section 7.3 in writing within five (5) days of becoming aware of the event.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Addendum is governed by the laws of the State of Minnesota, without regard to conflict‐of‐laws principles.

8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Housing Court of the judicial district where the Premises is located.

8.3 Arbitration
The parties expressly exclude arbitration.

8.4 Jury Trial
Nothing herein waives any party’s constitutional right to a trial by jury.

8.5 Injunctive Relief
Either party may seek injunctive or specific performance remedies in Housing Court for violations affecting habitability, safety, or enforcement of access rights under Section 3.4.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.

9.2 Assignment & Delegation
Tenant may not assign the Lease or delegate obligations under this Addendum without Landlord’s prior written consent. Any prohibited assignment is void.

9.3 Successors & Assigns
This Addendum binds and benefits the parties and their respective successors and permitted assigns.

9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision is deemed modified to the minimum extent necessary to comply with applicable law.

9.5 Integration
This Addendum, together with the Lease and any other addenda, constitutes the complete and exclusive agreement with respect to the subject matter and supersedes all prior understandings.

9.6 Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each deemed an original, and delivered by electronic transmission (e.g., PDF or e‐signature) with the same force as an original.

X. EXECUTION BLOCK

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

[Notary block or witness lines added here if required by local practice.]

[// GUIDANCE:
1. Attach this Addendum to the Lease and reference it in the Lease’s list of exhibits/addenda.
2. Ensure delivery to Tenant at or before lease signing to avoid disclosure defenses.
3. Retain documentation of all inspections, notices, and remediation to establish compliance and preserve defenses in any future habitability litigation.]