MOLD DISCLOSURE & PREVENTION ADDENDUM
TO RESIDENTIAL LEASE AGREEMENT
(Montana ‒ Governed by the Montana Residential Landlord & Tenant Act, Mont. Code Ann. § 70-24-101 et seq.)
I. DOCUMENT HEADER
Addendum Date: [EFFECTIVE DATE]
Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
Tenant(s): [TENANT FULL LEGAL NAME(S)]
Premises: [STREET ADDRESS, CITY, MT ZIP]
Master Lease: Residential Lease Agreement dated [MASTER LEASE DATE] (the “Lease”) between Landlord and Tenant covering the Premises.
This Mold Disclosure & Prevention Addendum (the “Addendum”) is incorporated into and made part of the Lease for good and valuable consideration, the receipt and sufficiency of which are acknowledged. Except as expressly modified herein, the Lease remains in full force and effect.
TABLE OF CONTENTS
- Definitions
- Mold Disclosure & Tenant Acknowledgment
- Operative Provisions
3.1 Prevention Obligations (Tenant)
3.2 Inspection & Reporting
3.3 Remediation Procedures
3.4 Access for Remediation - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
7.1 Indemnification
7.2 Limitation of Liability - Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Delete the Table of Contents if not required by your filing office or client.]
II. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below:
“Actual Damages” means direct, out-of-pocket losses proven with reasonable certainty, excluding incidental, consequential, special, punitive, or exemplary damages.
“CDC/EPA Mold Guidelines” means the most current joint guidance published by the U.S. Centers for Disease Control and Prevention and the Environmental Protection Agency entitled “Mold: Basics and Remediation.”
“HVAC” means the heating, ventilation, and air-conditioning systems serving the Premises.
“Material Mold Condition” means visible mold growth on interior building surfaces or a concentration of airborne mold spores that (i) materially impairs the Premises’ habitability, or (ii) poses an unreasonable risk to occupant health as reasonably determined by an industrial hygienist or indoor environmental professional (“IEP”) duly certified under IICRC S520.
“Mold Remediation” or “Remediation” means actions consistent with ANSI/IICRC S520-2015 (or any successor standard) to remove, clean, treat, or discard mold-impacted materials, and to correct underlying moisture sources.
“Notice” means written notice that complies with Section 8.3 of the Lease, unless this Addendum specifies a shorter or different method of delivery.
“Preventive Measures” means the maintenance, cleaning, and ventilation practices described in Section 3.1.
III. OPERATIVE PROVISIONS
3.1 Prevention Obligations (Tenant)
(a) Tenant shall at all times:
(i) Use reasonable efforts to keep the interior of the Premises free of excessive moisture, including by running bathroom exhaust fans during and for at least 30 minutes after bathing or showering;
(ii) Maintain thermostats and HVAC settings within manufacturer-recommended ranges to avoid condensation;
(iii) Promptly wipe up any spills or standing water;
(iv) Refrain from storing items directly against exterior walls that may restrict airflow; and
(v) Clean and dust routinely, using products recommended for mold prevention.
(b) Tenant shall immediately (within 24 hours) provide Notice to Landlord of:
(i) Any plumbing leaks, roof leaks, window leaks, or water intrusion;
(ii) Apparent mold, mildew, or musty odors; or
(iii) Malfunction of HVAC or exhaust systems.
[// GUIDANCE: Consider appending a brief “Tenant Mold Prevention Tips” flyer for tenant education.]
3.2 Inspection & Reporting
(a) Landlord may, upon at least 24 hours’ prior Notice (or sooner in an emergency), enter the Premises to inspect for Mold Conditions in accordance with Mont. Code Ann. § 70-24-312.
(b) If Tenant reports or Landlord reasonably suspects a Material Mold Condition, Landlord will engage an IEP to perform sampling as soon as reasonably practicable, but no later than five (5) business days after Notice, weather and labor availability permitting.
3.3 Remediation Procedures
(a) Initiation. Upon confirmation of a Material Mold Condition, Landlord shall commence Remediation within five (5) business days, subject to Force Majeure (see Section 7.2(c) of the Lease).
(b) Standards. Remediation shall be performed:
(i) By contractors trained and certified in accordance with ANSI/IICRC S520; and
(ii) In a manner that minimizes disruption to Tenant’s quiet enjoyment.
(c) Relocation. If Remediation requires Tenant to vacate part or all of the Premises for more than 48 hours, Landlord will, at Landlord’s cost, provide temporary alternate housing of comparable quality or abate Rent in proportion to the unusable area, in Landlord’s discretion.
(d) Clearance. Remediation shall be deemed complete upon written clearance by the IEP confirming that air and surface mold spore counts are within normal ecological ranges.
3.4 Access for Remediation
Tenant shall cooperate and provide reasonable access to the Premises for inspection, testing, and Remediation. Failure to provide access is a material breach of the Lease.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that, to Landlord’s actual knowledge, there is no existing Material Mold Condition in the Premises as of the Effective Date, except as specifically disclosed in Exhibit A attached hereto.
4.2 Tenant acknowledges receipt of:
(a) This Addendum;
(b) The CDC/EPA Mold Guidelines; and
(c) Exhibit A (Disclosure).
Tenant relies solely on the representations expressly set forth herein; all implied warranties are disclaimed to the fullest extent permitted by Mont. Code Ann. § 70-24-303 and applicable law.
V. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants. Tenant shall:
(a) Comply with the Preventive Measures;
(b) Not paint over, conceal, or attempt self-remediation of any Material Mold Condition; and
(c) Execute any reasonable acknowledgment requested by Landlord confirming completion of Remediation.
5.2 Use Restrictions. Tenant shall not introduce into the Premises any plants, aquariums, or appliances that produce moisture in excess of normal residential living without Landlord’s prior written consent.
VI. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute Events of Default under this Addendum:
(a) Tenant’s failure to provide timely Notice of a Material Mold Condition;
(b) Tenant’s failure to comply with Preventive Measures after written warning;
(c) Tenant’s refusal to grant access for inspection or Remediation.
6.2 Cure Period. Except in an emergency, Tenant shall have seventy-two (72) hours after written Notice to cure any Event of Default before Landlord may exercise remedies.
6.3 Remedies. Upon uncured default, Landlord may:
(i) Perform required actions on Tenant’s behalf and charge Tenant as Additional Rent;
(ii) Seek injunctive relief to compel compliance;
(iii) Pursue any remedies available under the Lease and Montana law.
VII. RISK ALLOCATION
7.1 Indemnification
(a) Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against Actual Damages arising from:
(i) Tenant’s breach of this Addendum; or
(ii) Tenant’s negligence or willful misconduct contributing to a Mold Condition.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from Actual Damages proximately caused by Landlord’s breach of Section 3.3 or gross negligence.
7.2 Limitation of Liability
The liability of either party for claims arising under this Addendum is limited to Actual Damages. All claims for incidental, consequential, punitive, exemplary, or special damages are hereby waived.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and the Lease are governed by the Montana Residential Landlord & Tenant Act, Mont. Code Ann. § 70-24-101 et seq., and other applicable Montana law.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [COUNTY] District Court – Housing Department (the “State Housing Court”).
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Each party retains its constitutional right to trial by jury.
8.5 Injunctive Relief. Nothing herein restricts either party from seeking temporary, preliminary, or permanent injunctive relief to preserve or restore the Premises’ habitability.
IX. GENERAL PROVISIONS
9.1 Amendments. This Addendum may be amended only by a writing signed by both Landlord and Tenant.
9.2 No Waiver. Failure to enforce any provision shall not constitute waiver unless in a signed writing.
9.3 Assignment. Tenant may not assign this Addendum or sublease the Premises without Landlord’s prior written consent.
9.4 Successors & Assigns. This Addendum binds and benefits the parties and their lawful successors and permitted assigns.
9.5 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted by law.
9.6 Merger. This Addendum, together with the Lease, constitutes the entire agreement on the subject matter and supersedes all prior communications.
9.7 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each deemed an original, and electronic signatures are binding.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD NAME & TITLE]
Date: ___
TENANT(S):
1. _____
[TENANT NAME]
-
[TENANT NAME]
Date: ___
[OPTIONAL NOTARY ACKNOWLEDGMENT – Add if required by lender or local recording office]
[// GUIDANCE:
1. Review Exhibit A to ensure any prior water intrusion or mold remediation history is accurately disclosed.
2. Confirm local housing authority requirements for providing informational brochures.
3. Attach this Addendum to, and reference it within, the Lease to ensure enforceability.]