RESIDENTIAL LEASE ADDENDUM
Mold Disclosure, Prevention, and Remediation
(Missouri—Governed by Missouri Landlord-Tenant Law)
[// GUIDANCE: This template is drafted for use as an addendum to a Missouri residential lease. Review the master lease to ensure consistent defined terms, cross-references, and signature blocks. Bracketed items must be completed or revised for the specific transaction.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Disclosure of Known Mold Conditions
3.2 Tenant Inspection & Acknowledgment
3.3 Prevention Obligations
3.4 Remediation Procedures - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Mold Disclosure, Prevention, and Remediation Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• “[LANDLORD LEGAL NAME]”, a [STATE] [ENTITY TYPE], having a principal address at [ADDRESS] (“Landlord”); and
• “[TENANT LEGAL NAME]”, [INDIVIDUAL/S] residing at the Premises identified below (“Tenant”).
RECITALS
A. Landlord and Tenant are parties to that certain Residential Lease dated [ORIGINAL LEASE DATE] (the “Lease”) covering the residential dwelling located at [STREET ADDRESS, CITY, COUNTY, MISSOURI] (the “Premises”).
B. The parties desire to supplement the Lease by allocating responsibilities and liabilities concerning indoor mold, moisture intrusion, and related conditions in accordance with Missouri law and good property-management practice.
C. The consideration for this Addendum is the mutual promises contained herein and in the Lease, the adequacy and sufficiency of which are acknowledged.
NOW, THEREFORE, the parties agree as follows:
2. DEFINITIONS
For purposes of this Addendum only, the following terms shall have the meanings set forth below. Unless expressly modified herein, capitalized terms have the meanings given in the Lease.
“Actual Damages” means the direct, out-of-pocket damages proximately caused by a breach, excluding special, consequential, punitive, or exemplary damages.
“IEP” means an independent, qualified Indoor Environmental Professional meeting ANSI/IICRC S520 Section 8 certification or equivalent.
“Mold Condition” means the presence of mold growth visible to the naked eye or confirmed by air or surface sampling at levels exceeding normal background concentrations for residential interiors.
“Moisture Event” means any plumbing leak, roof leak, flooding, water intrusion, condensation, or other condition that may promote microbial growth.
“Remediation Protocol” means a written, site-specific mold remediation plan prepared by an IEP consistent with the ANSI/IICRC S520 Standard and any successor or comparable industry standard then in effect.
3. OPERATIVE PROVISIONS
3.1 Disclosure of Known Mold Conditions
(a) Landlord represents that, as of the Effective Date and to Landlord’s actual knowledge, no unresolved Mold Condition exists at the Premises except as expressly disclosed in Exhibit A attached hereto and incorporated herein.
(b) Landlord has provided Tenant with copies of all existing inspection or remediation reports in Landlord’s possession concerning mold or moisture at the Premises (“Disclosure Documents”). Tenant acknowledges receipt of the Disclosure Documents by initialing here: ______.
3.2 Tenant Inspection & Acknowledgment
Prior to occupancy (or, for existing tenancies, within five (5) days after the Effective Date), Tenant shall conduct a visual inspection of the Premises for signs of water intrusion or Mold Condition. Tenant shall either:
(i) sign and return the Inspection Acknowledgment attached as Exhibit B confirming no apparent Mold Condition; or
(ii) provide written notice describing any observed condition requiring Landlord attention.
Failure to timely provide such notice shall be deemed Tenant’s acknowledgment that no Mold Condition was observed.
3.3 Prevention Obligations
(a) Landlord Obligations. Landlord shall:
1. Maintain the Premises in compliance with Mo. Rev. Stat. ch. 441 habitability obligations, including maintaining roofs, plumbing, HVAC, and building envelope to prevent Moisture Events.
2. Ensure HVAC systems are capable of maintaining indoor relative humidity below sixty percent (60%) under normal operating conditions.
(b) Tenant Obligations. Tenant shall:
1. Use reasonable efforts to keep the Premises clean and dry, including promptly wiping excess moisture, using exhaust fans, and operating HVAC/ventilation systems as designed.
2. Immediately (and in any event within twenty-four (24) hours) notify Landlord in writing of any Moisture Event or suspected Mold Condition.
3. Not block or disable HVAC vents, exhaust fans, or dehumidifiers supplied with the Premises.
4. Comply with any written moisture-control guidelines provided by Landlord.
[// GUIDANCE: The 24-hour notice aligns with prudent industry practice; you may extend to 48 hours for flexibility.]
3.4 Remediation Procedures
(a) Investigation. Upon receiving notice of a Moisture Event or Mold Condition, Landlord shall, within a reasonable time not to exceed five (5) business days, inspect or cause inspection by an IEP.
(b) Remediation. If a Mold Condition is confirmed, Landlord shall engage properly licensed or certified professionals to implement a Remediation Protocol at Landlord’s cost, except as provided in Section 7.1(b).
(c) Temporary Relocation. If remediation renders the Premises temporarily uninhabitable (as certified by the IEP), Landlord shall either (i) relocate Tenant to comparable temporary housing at Landlord’s expense or (ii) provide a proportional rent abatement until the Premises are certified remediated and re-occupied.
(d) Clearance. Upon completion, Landlord shall obtain written clearance from the IEP and furnish a copy to Tenant.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents it has full authority to enter into and perform this Addendum.
4.2 Landlord Specific. Landlord represents that all remediation (if any) disclosed in Exhibit A was performed in accordance with then-prevailing industry standards and is currently resolved to the best of Landlord’s knowledge.
4.3 Tenant Specific. Tenant represents that Tenant has had the opportunity to inspect the Premises and either (i) found no Mold Condition or (ii) has disclosed any observations per Section 3.2.
4.4 Survival. All representations and warranties in this Addendum shall survive termination or expiration of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Negative Covenants. Tenant shall not:
(a) introduce furniture or personal property known by Tenant to be contaminated with mold;
(b) alter the HVAC or plumbing systems without prior written consent; or
(c) paint over or conceal suspected mold growth.
5.2 Access for Inspection/Remediation. Tenant grants Landlord and its contractors the right to enter the Premises upon no less than twenty-four (24) hours’ prior notice (or immediately in an emergency) to inspect, sample, or remediate any Mold Condition.
5.3 Compliance. Tenant shall follow reasonable written instructions from any IEP or remediation contractor engaged by Landlord.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute defaults specific to this Addendum:
(a) Tenant’s failure to provide timely notice of a Moisture Event or Mold Condition;
(b) Tenant’s willful interference with inspection or remediation efforts;
(c) Landlord’s failure to commence remediation within the timeframe in Section 3.4(a).
6.2 Notice & Cure. Except where immediate action is required to preserve habitability, the non-defaulting party shall give written notice and a five (5) day cure period prior to exercising remedies.
6.3 Remedies.
(a) Tenant Default. Landlord may (i) perform Tenant’s obligations at Tenant’s expense; (ii) recover Actual Damages; and (iii) pursue any remedies under the Lease or applicable law.
(b) Landlord Default. Tenant may (i) obtain injunctive relief compelling remediation; (ii) pursue rent abatement or constructive eviction remedies; and (iii) recover Actual Damages.
Attorney fees and costs shall be awarded to the prevailing party in any action arising from this Addendum.
7. RISK ALLOCATION
7.1 Indemnification
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from Actual Damages arising out of Landlord’s breach of this Addendum or gross negligence in preventing or remediating a Mold Condition.
(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from Actual Damages resulting from (i) Tenant’s failure to comply with Section 3.3(b) or 5.1, or (ii) Tenant’s negligence or willful misconduct.
7.2 Limitation of Liability
Except for (i) bodily injury or death proximately caused by a party’s negligence or willful misconduct, or (ii) indemnity obligations hereunder, each party’s total liability under this Addendum shall not exceed the Actual Damages proved by the claimant.
7.3 Insurance
Landlord shall maintain property and liability insurance covering the Premises, and Tenant is strongly encouraged to maintain renter’s insurance covering personal property losses arising from mold or moisture.
7.4 Force Majeure
Neither party shall be liable for delays in performing obligations under this Addendum to the extent such delay is caused by events beyond reasonable control, provided the affected party gives prompt notice and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the Housing Division (or, if none, the Civil Division) of the Circuit Court of [COUNTY], Missouri.
8.3 Arbitration. The parties expressly agree that binding arbitration is excluded.
8.4 Jury Trial. Nothing in this Addendum shall be construed as a waiver of any constitutional right to a jury trial.
8.5 Injunctive Relief. Notwithstanding any other provision, either party may seek injunctive or equitable relief in a court of competent jurisdiction to enforce habitability obligations or prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless in writing and signed by both parties. No waiver shall be deemed a waiver of any subsequent breach.
9.2 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion. Any permitted assignee shall be bound by this Addendum.
9.3 Successors & Assigns. This Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force.
9.5 Integration. This Addendum, together with the Lease and any attached exhibits, constitutes the entire agreement regarding mold and supersedes all prior or contemporaneous understandings.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted by electronic means shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the Effective Date.
LANDLORD:
By: [AUTHORIZED SIGNATORY NAME]
Title: [TITLE]
Date: _________
TENANT(S):
1. ______
Print Name: ____
Date: ______
-
Print Name: ____
Date: _________
[Add additional signature lines as needed]
[NOTARY ACKNOWLEDGMENT IF REQUIRED BY LOCAL PRACTICE]
EXHIBIT A
Landlord’s Disclosure of Known Mold Conditions
[Attach description or write “None.”]
EXHIBIT B
Tenant Inspection Acknowledgment
[Form for Tenant to confirm inspection and findings.]
[// GUIDANCE: Always attach any third-party inspection or remediation reports as part of Exhibit A. Retain proof of delivery of all Disclosure Documents.]