Residential Lease Addenda - Mold Disclosure - Montana

MONTANA MOISTURE AND MOLD CONDITION ADDENDUM

This Addendum is entered on [DATE] by [LANDLORD] and [TENANT(S)] for [PREMISES] under the residential lease dated [DATE].

1. CURRENT CONDITION

☐ No visible mold or unresolved moisture condition was observed in the parties' documented inspection.

☐ Observed staining, odor, moisture, leak, or suspected growth: [LOCATION / DESCRIPTION / DATE].

☐ Prior water event, inspection, or remediation disclosed: [DETAILS].

☐ Condition report, photographs, or professional report attached: [DETAILS].

This factual record does not disclaim the landlord's duties under § 70-24-303 or promise that no concealed condition exists.

Montana statutory mold disclosure (§ 70-16-703)

Landlord's known mold present in the building: ☐ None known ☐ Present at [LOCATION / DESCRIPTION].

Prior mold testing known to Landlord: ☐ None known ☐ Testing on [DATE] by [TESTER]. Available test results are attached as [EXHIBIT]; evidence of subsequent mitigation or treatment is attached as [EXHIBIT]. If an item is unavailable, explain: [________________________________].

MOLD DISCLOSURE: There are many types of mold. Inhabitable properties are not, and cannot be, constructed to exclude mold. Moisture is one of the most significant factors contributing to mold growth. Information about controlling mold growth may be available from your county extension agent or health department. Certain strains of mold may cause damage to property and may adversely affect the health of susceptible persons, including allergic reactions that may include skin, eye, nose, and throat irritation. Certain strains of mold may cause infections, particularly in individuals with suppressed immune systems. Some experts contend that certain strains of mold may cause serious and even life-threatening diseases. However, experts do not agree about the nature and extent of the health problems caused by mold or about the level of mold exposure that may cause health problems. The Centers for Disease Control and Prevention is studying the link between mold and serious health conditions. The seller, landlord, seller's agent, buyer's agent, or property manager cannot and does not represent or warrant the absence of mold. It is the buyer's or tenant's obligation to determine whether a mold problem is present. To do so, the buyer or tenant should hire a qualified inspector and make any contract to purchase, rent, or lease contingent upon the results of that inspection. A seller, landlord, seller's agent, buyer's agent, or property manager who provides this mold disclosure statement, provides for the disclosure of any prior testing and any subsequent mitigation or treatment for mold, and discloses any knowledge of mold is not liable in any action based on the presence of or propensity for mold in a building that is subject to any contract to purchase, rent, or lease.

Tenant acknowledges receipt of this disclosure, the listed results, and evidence of treatment, if any, by signing below. This disclosure does not waive Landlord's nonwaivable maintenance duties.

2. TENANT CARE AND REPORTING

Consistent with § 70-24-321, Tenant shall keep the occupied area reasonably clean and safe, dispose of waste safely, keep plumbing fixtures reasonably clean, use supplied facilities reasonably, and avoid damaging the premises.

Tenant shall promptly report leaks, standing water, persistent condensation, HVAC or exhaust failure, visible suspected growth, or persistent musty odor to [CONTACT / METHOD]. This is a contractual prompt-report term, not an invented Montana 24-hour statute.

3. LANDLORD RESPONSE AND ACCESS

Landlord shall investigate and address conditions within the duties stated in § 70-24-303, using qualified professionals when appropriate. The response plan is:

Access must comply with § 70-24-312: except in an emergency or when impracticable, at least 24 hours' notice and reasonable-time entry. This Addendum does not invent a five-business-day sampling, remediation, clearance, or comparable-housing deadline.

4. COSTS AND LOSS OF USE

Repair, testing, remediation, personal-property loss, rent adjustment, insurance, and temporary-use issues will be determined from cause, lease terms, professional evidence, and nonwaivable law. No automatic charge to either party or mandatory testing protocol is created here.

5. STATUTORY RIGHTS PRESERVED

Nothing waives a chapter 24 right or remedy, disclaims an implied duty that law makes nonwaivable, limits liability for another party's purposeful misconduct or negligence, or indemnifies that liability or related costs or attorney fees. § 70-24-202.

No custom 72-hour cure or automatic lease termination applies. Any tenant-noncompliance termination must follow the applicable part of § 70-24-422 and the court process.

Potential attorney fees and costs are governed by § 70-24-442, not a one-sided addendum provision.

6. SIGNATURES

Landlord: _______________________________ Date: [DATE]

Tenant: _______________________________ Date: [DATE]

Tenant: _______________________________ Date: [DATE]

SOURCES

• Montana Residential Landlord and Tenant Act
• Mont. Code Ann. §§ 70-24-303, 70-24-312, and 70-24-321
• Mont. Code Ann. § 70-16-703 — mold disclosure and prior testing