Residential Lease Addenda - Mold Disclosure - Minnesota

MINNESOTA RESIDENTIAL LEASE — MOLD AND MOISTURE ADDENDUM

This Addendum is entered on [__/__/____] by:

Landlord: [LEGAL NAME]

Tenant(s): [LEGAL NAME(S)]

Premises: [STREET ADDRESS, UNIT, CITY, MINNESOTA, ZIP]

Lease Date: [__/__/____]

This Addendum is part of the Lease and documents known conditions and reasonable moisture-control practices. It does not waive or reduce any nonwaivable landlord covenant or tenant remedy.

1. ACTUAL-KNOWLEDGE DISCLOSURE

Based on Landlord’s actual knowledge as of the date signed:

☐ Landlord is not aware of current visible mold or an unresolved moisture condition in the Premises.

☐ Landlord discloses the following visible mold, water intrusion, elevated moisture, prior remediation, or available report: [DETAILS, DATES, LOCATIONS, AND DOCUMENTS].

Tenant’s observations at signing: [NONE / DETAILS].

This disclosure is not a substitute for Landlord’s ongoing duties under Minn. Stat. § 504B.161 or for any initial-inspection process required by Minn. Stat. § 504B.182.

2. LANDLORD DUTIES

Landlord shall keep the Premises and common areas fit for their intended use, in reasonable repair, reasonably energy efficient where required, and compliant with applicable health and safety law. Those Minn. Stat. § 504B.161 covenants may not be waived or modified.

After receiving a report of a leak, water intrusion, persistent dampness, or mold, Landlord shall investigate and take reasonable corrective action appropriate to the condition. This Addendum does not invent a fixed statewide 24-hour response or five-business-day remediation deadline.

3. TENANT NOTICE AND MOISTURE CONTROL

Tenant shall promptly notify Landlord at [CONTACT / METHOD] after observing a water leak, plumbing failure, persistent condensation, damp building material, musty odor, or visible mold. Tenant shall provide reasonable details and photographs if safely available.

Tenant shall reasonably use installed bathroom and kitchen ventilation, avoid blocking supply or return vents, promptly clean ordinary spills, and avoid conduct that creates excessive indoor moisture. Tenant is responsible only to the extent a condition or damage is caused by Tenant or a person under Tenant’s direction or control under the Lease and applicable law.

The Minnesota Department of Health advises that controlling moisture is the best way to prevent mold, wet materials should be dried promptly, and visible or smelled mold generally makes routine testing unnecessary. The Department states that Minnesota and federal agencies do not license or certify mold investigators or remediators. This Addendum therefore does not require a nonexistent Minnesota “certified mold contractor” credential.

4. ACCESS AND INVESTIGATION

Except for an exception in Minn. Stat. § 504B.211, Landlord may enter for inspection or corrective work only for a reasonable business purpose after a good-faith effort to give at least 24 hours’ notice stating the time or anticipated window. Entry shall occur between 8:00 a.m. and 8:00 p.m. unless the parties agree otherwise. Tenant may voluntarily permit shorter notice.

Testing, if used, should supplement rather than replace inspection and moisture-source correction. The parties may document the scope of work, affected area, access precautions, and completion observations in a written work plan.

5. CORRECTIVE WORK AND LOSS OF USE

Corrective work should address the moisture source, dry affected materials, remove indoor mold growth, and follow applicable building, safety, product-label, and local requirements. Any contractor qualification should match the work actually performed.

If work materially limits safe occupancy, the parties shall document the affected area, expected duration, and any temporary arrangement. This Addendum does not promise a fixed hotel benefit, automatic termination, or automatic rent abatement. Tenant retains every remedy available under the Lease, Minn. Stat. Chapter 504B, and other applicable law.

6. TENANT REMEDIES; NO UNILATERAL REPAIR DEDUCTION

Tenant shall not unilaterally hire a contractor and deduct one month’s rent, $500, or another amount based on Minn. Stat. § 504B.385. That section establishes a court rent-escrow procedure; it does not itself authorize the private deduction stated in the prior version of this Addendum.

Minnesota law provides procedures that may include an emergency tenant-remedies action, rent escrow, or a tenant-remedies action. A court may order a landlord to remedy a violation, authorize tenant repair and deduction on court-set terms, abate rent, or grant other just relief under Minn. Stat. §§ 504B.381, 504B.385, 504B.395, and 504B.425.

7. LIABILITY AND ENFORCEMENT

Each party remains responsible for loss caused by that party’s conduct and by persons for whom that party is legally responsible. This Addendum creates no indemnity, damages waiver, liability cap, force-majeure extension of a statutory duty, automatic cure period, automatic “additional rent,” or general prevailing-party attorney-fee right.

Landlord may enforce a lawful material Lease term only through the notice and judicial process required by the Lease and applicable law.

8. GENERAL TERMS

Minnesota law governs. A judicial action must be brought in a Minnesota court with subject-matter jurisdiction and proper venue. This Addendum does not require arbitration or waive any jury right available under law.

An amendment must be in writing and agreed to by the parties. An unenforceable term is severed only to the extent necessary. Nothing here waives a nonwaivable right or duty.

9. SIGNATURES

LANDLORD

Signature: ________________________________________

Printed Name / Title: [________________________________]

Date: [__/__/____]

TENANT

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ADDITIONAL TENANT

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

• Minn. Stat. § 504B.161 — Covenants of Landlord or Licensor
• Minn. Stat. § 504B.211 — Residential Tenant’s Right to Privacy
• Minn. Stat. §§ 504B.381–.471 — Tenant Remedies
• Minnesota Department of Health — Mold and Moisture