Mold Disclosure & Prevention Addendum
to Residential Lease Agreement
(State of Mississippi)
[// GUIDANCE: This template is intentionally comprehensive. Delete or modify any bracketed text prior to 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
- Parties. This Mold Disclosure & Prevention Addendum (the “Addendum”) is made part of and incorporated into that certain Residential Lease Agreement dated [EFFECTIVE DATE] (the “Lease”) between [LANDLORD LEGAL NAME], hereinafter “Landlord,” and [TENANT LEGAL NAME(S)], hereinafter collectively “Tenant.”
- Premises. The Premises covered by the Lease is the residential dwelling located at [STREET ADDRESS], [CITY], Mississippi, [ZIP] (the “Premises”).
- Consideration. The mutual covenants herein constitute adequate consideration.
- Purpose. Pursuant to the Mississippi Residential Landlord-Tenant Act, Miss. Code Ann. § 89-8-1 et seq., and all applicable local housing codes, the parties desire to set forth their respective rights and obligations concerning the presence, prevention, and remediation of mold, mildew, and other microbial growth (“Mold”).
- Governing Law. This Addendum shall be governed by and construed in accordance with the laws of the State of Mississippi without regard to conflict-of-law principles.
II. DEFINITIONS
“Actual Damages” – Direct, out-of-pocket expenses proven with reasonable documentation, excluding incidental, consequential, special, exemplary, or punitive damages.
“Habitability Remedy” – Any injunctive or declaratory relief permitted under Mississippi law to compel Landlord to provide habitable premises.
“Mold Condition” – The visible presence of Mold or a chronic source of moisture reasonably likely to result in Mold growth.
“Remediation” – Evaluation, containment, cleaning, removal, and corrective measures, consistent with current EPA, CDC, or ANSI/IICRC S520 guidelines, to eliminate a Mold Condition.
III. OPERATIVE PROVISIONS
3.1 Disclosure.
(a) Prior Incidents. Landlord discloses that, to the best of Landlord’s knowledge after reasonable inquiry, the Premises [HAS / HAS NOT] experienced water intrusion, flooding, or Mold Condition(s) within the past [__] years. If “HAS,” Landlord attaches as Schedule A a summary of all known events, dates, affected areas, and corrective actions.
(b) Inspection. Tenant acknowledges receipt of the attached “Tenant Initial Mold Inspection Checklist” (Schedule B) and affirms that Tenant conducted or had the opportunity to conduct a visual inspection prior to occupancy.
3.2 Prevention Obligations.
(a) Landlord Obligations. Landlord shall:
(i) deliver the Premises free from any known Mold Condition;
(ii) maintain structural elements (roof, plumbing, HVAC, foundation, windows) so as to prevent chronic moisture; and
(iii) comply with all applicable health, building, and housing codes relating to moisture control.
(b) Tenant Obligations. Tenant shall:
(i) keep the Premises clean, dry, and well-ventilated, including routine use of bathroom and kitchen exhaust fans;
(ii) promptly notify Landlord in writing of any water leak, seepage, or visible Mold within forty-eight (48) hours of discovery;
(iii) operate HVAC systems per manufacturer recommendations and replace filters at least every [__] months; and
(iv) refrain from obstructing vents or prohibiting proper air circulation.
3.3 Remediation Procedures.
(a) Notice & Access. Upon receipt of Tenant’s written notice of a suspected Mold Condition, Landlord shall, within five (5) business days, inspect or cause inspection of the area and provide Tenant with a written remediation plan if Mold is confirmed.
(b) Scope & Standards. Remediation shall follow ANSI/IICRC S520 or any superseding industry standard then in effect.
(c) Temporary Relocation. If Remediation renders the Premises uninhabitable for more than forty-eight (48) hours, Landlord shall either:
(i) provide Tenant with comparable temporary lodging at Landlord’s expense; or
(ii) abate Rent proportionally for the period of uninhabitability.
(d) Tenant Cooperation. Tenant shall grant reasonable access for inspection and Remediation and shall comply with all safety instructions.
3.4 Costs. Except as otherwise provided herein, Landlord shall bear all reasonable costs of Remediation unless the Mold Condition was primarily caused by Tenant’s breach of Section 3.2(b), in which event Tenant shall reimburse Landlord within thirty (30) days of invoice.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents and warrants that, as of the Effective Date:
(a) Landlord has no actual knowledge of any existing Mold Condition except as disclosed in Schedule A;
(b) the HVAC and plumbing systems are in good working order and free of active leaks; and
(c) Landlord is authorized to enter into this Addendum and the Lease.
4.2 Tenant represents and warrants that:
(a) Tenant has received and reviewed all disclosures, schedules, and educational materials referenced herein; and
(b) Tenant is not aware of any Mold Condition at the Premises as of the date of execution.
4.3 Survival. The representations and warranties in this Article IV shall survive the termination or expiration of the Lease for twelve (12) months.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants. Each party shall perform the Prevention Obligations set forth in Section 3.2.
5.2 Negative Covenants. Tenant shall not:
(a) introduce any water-based appliance (e.g., washing machine, aquarium) exceeding [__] gallons without Landlord’s prior written consent;
(b) disable or materially alter HVAC, exhaust, or dehumidification equipment; or
(c) paint over, conceal, or remove evidence of Mold without Landlord’s written approval.
5.3 Monitoring & Records. Landlord may, upon forty-eight (48) hours’ prior notice (except in an emergency), inspect the Premises to ensure compliance with this Addendum. Landlord shall maintain records of all inspections and Remediation for at least four (4) years.
VI. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Tenant Default. Failure by Tenant to (i) timely report a Mold Condition, (ii) allow Remediation access, or (iii) reimburse Landlord for Tenant-caused Mold constitutes a default under both this Addendum and the Lease.
(b) Landlord Default. Failure by Landlord to (i) timely inspect, (ii) commence Remediation, or (iii) provide Rent abatement or relocation as required herein constitutes a default.
6.2 Notice & Cure. The non-defaulting party shall provide written notice specifying the default. The defaulting party shall have:
(a) Tenant: five (5) calendar days to cure;
(b) Landlord: ten (10) calendar days to initiate cure and diligently pursue completion.
6.3 Remedies.
(a) Tenant Remedies. In addition to Habitability Remedies, Tenant may seek actual damages and, where permitted, terminate the Lease upon material and uncured Landlord default.
(b) Landlord Remedies. Landlord may exercise any rights under the Lease, including eviction, and seek indemnification under Article VII.
6.4 Attorney Fees. The prevailing party in any action arising from this Addendum shall be entitled to recover reasonable attorney fees and court costs.
VII. RISK ALLOCATION
7.1 Indemnification. Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its agents from and against all Claims arising from:
(a) the Indemnifying Party’s breach of this Addendum; or
(b) negligence or willful misconduct related to Mold or moisture management.
7.2 Limitation of Liability. EXCEPT FOR (i) DAMAGES CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (ii) HABITABILITY REMEDIES, EACH PARTY’S LIABILITY IS LIMITED TO ACTUAL DAMAGES. CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARE HEREBY WAIVED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.3 Insurance. Landlord shall maintain property and liability insurance customary for similar residential properties. Tenant is advised to obtain renter’s insurance covering personal property and loss of use.
7.4 Force Majeure. Neither party shall be liable for delay or failure in performance caused by events beyond its reasonable control (e.g., hurricanes, floods) provided the affected party promptly notifies the other and resumes performance as soon as practicable.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. Mississippi substantive law, including the Mississippi Residential Landlord-Tenant Act, governs.
8.2 Forum Selection. Exclusive venue shall lie in the [COUNTY NAME] County Housing Court, State of Mississippi.
8.3 Arbitration. The parties expressly exclude mandatory arbitration.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of either party’s constitutional right to a trial by jury.
8.5 Injunctive Relief. Either party may seek emergent injunctive relief, including Habitability Remedies, in a court of competent jurisdiction without posting bond where prohibited by law.
IX. GENERAL PROVISIONS
9.1 Amendment. No modification of this Addendum is effective unless in a writing signed by both parties.
9.2 Waiver. A party’s failure to enforce any provision shall not constitute a waiver of future enforcement.
9.3 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent. Any permitted assignee shall assume this Addendum in writing.
9.4 Successors & Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.
9.5 Severability. If any provision is held invalid, the remainder shall remain in effect, and the invalid provision shall be reformed to the minimum extent necessary.
9.6 Integration. This Addendum, together with the Lease and any schedules, constitutes the entire agreement regarding Mold and supersedes all prior oral or written statements.
9.7 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each deemed an original, and by electronic signature under the Mississippi Uniform Electronic Transactions Act.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Mold Disclosure & Prevention Addendum effective as of the date first written above.
Landlord:
[LANDLORD LEGAL NAME]
By: _____
Title: _____
Date: ____
Tenant(s):
______ Date: ____
[TENANT NAME 1]
______ Date: ____
[TENANT NAME 2]
[// GUIDANCE: Notarization is not statutorily required in Mississippi for residential leases but may be added for evidentiary value.]
Schedule A – Prior Water Intrusion / Mold Events
[Attach, if any.]
Schedule B – Tenant Initial Mold Inspection Checklist
[Attach standard checklist.]