Residential Lease Addenda - Mold Disclosure - North Carolina

NORTH CAROLINA RESIDENTIAL LEASE ADDENDUM

MOLD AND MOISTURE CONDITION, REPORTING, AND RESPONSE RECORD

This Addendum supplements the residential lease identified below. It records
known facts and establishes a practical process for reporting, access,
assessment, repair, treatment, and documentation. It does not decide disputed
causation, waive a nonwaivable duty, or create an automatic charge, default,
remedy, or court finding.

N.C. Gen. Stat. §§ 42-42, 42-43, and 42-44 are general fit-premises,
tenant-maintenance, and remedies provisions. They do not create a
mold-disclosure form or a universal 24-hour report, 2-day inspection, 5-day
report-delivery, remediation, relocation, rent-abatement, access, cure, or
termination timetable. A target entered below is an administrative agreement,
not a statutory deadline.

I. LEASE AND PROPERTY

II. CURRENT CONDITION RECORD

Complete this section from actual knowledge, available records, and any
identified inspection. Do not use an unperformed inspection or an assumed
history as a representation.

☐ After reasonable review of available records, Landlord knows of no current
report or evidence of suspected mold or an unresolved moisture condition in the
Premises.

☐ Landlord knows of the following report, observation, leak, inspection,
repair, or treatment:

☐ Tenant observed no suspected mold or unresolved moisture condition during
the move-in review.

☐ Tenant observed or reports the following condition:
[____________________________________________________________]

☐ Photographs, a condition report, or other record are attached.

These entries record reported facts only. A move-in acknowledgment is not a
waiver of Landlord's duties under N.C. Gen. Stat. § 42-42 and is not an
admission about the source, health effect, or legal significance of a later
condition.

III. REPORTING AND RESPONSE PLAN

Tenant agrees to report suspected mold, water intrusion, plumbing leaks,
flooding, persistent condensation, or another material moisture condition
promptly through an agreed channel. The parties may select an administrative
target of [____ HOURS/DAYS] after observation, but the target is not described
as a statutory North Carolina deadline.

The report should identify the location, date observed, visible condition,
suspected water source, and available photographs. A report does not establish
causation or responsibility.

After a credible report or other evidence, Landlord will evaluate the condition
and arrange any inspection, repair, drying, or treatment required by the lease
and applicable law. N.C. Gen. Stat. § 42-42(a)(8) requires an imminently
dangerous condition to be repaired or remedied within a reasonable period based
on severity after actual knowledge or notice; its listed conditions include
specified standing-water, sewage, or flooding problems that contribute to mold.
The section does not make every suspected mold report an imminently dangerous
condition or assign every condition the same response time.

Attach provider findings, work scope, product and safety information, re-entry
directions, photographs, invoices, and completion records when applicable.

IV. DUTIES AND COOPERATION

Landlord remains responsible for the duties imposed by N.C. Gen. Stat.
§ 42-42, including applicable code compliance, necessary repairs, fit and
habitable premises, safe common areas, and covered facilities supplied or
required to be supplied by Landlord. Tenant's acceptance of a condition does
not release those duties, subject to the governmental-impediment provision in
§ 42-42(b).

Tenant remains responsible for the duties imposed by N.C. Gen. Stat. § 42-43,
including keeping the occupied area as clean and safe as conditions permit,
disposing of waste safely, complying with applicable tenant code obligations,
and not deliberately or negligently damaging the Premises. Section
42-43(a)(6) contains exceptions to tenant responsibility for property damage,
including ordinary wear and tear, specified landlord acts or authorized
repairs, specified third-party acts, and natural forces.

Except in an emergency, § 42-43(b) requires Landlord to give written notice of
an asserted breach of those statutory tenant duties. This Addendum does not
make a missed administrative target an automatic material lease breach.

The parties agree to use installed ventilation and climate-control equipment
as intended, avoid knowingly blocking vents, follow reasonable written safety
instructions, and cooperate in documenting and addressing a reported
condition. A technical prevention or treatment protocol must be supplied by a
qualified professional for the actual property and condition.

V. ACCESS AND PREPARATION

Landlord will give written notice identifying the requested access date,
approximate time, provider, purpose, and requested preparations, consistent
with the lease and applicable law. Optional agreed notice target:
[____ HOURS/DAYS]. This blank is not a statement that North Carolina imposes a
statewide 24-hour entry rule.

Tenant agrees to provide reasonable access and to follow reasonable written
safety, preparation, and follow-up instructions. A disputed instruction,
missed appointment, or incomplete preparation is not made an automatic default
by this Addendum.

VI. COST AND RESPONSIBILITY RECORD

This Addendum does not use a fixed causation presumption, a no-fault split, or
automatic assignment of inspection, repair, treatment, relocation, personal-
property, or other costs. Responsibility depends on the facts, the lease, the
duties and exceptions in §§ 42-42 and 42-43, and other applicable law.

Any reimbursement claim must identify its factual and contractual or legal
basis, include available invoices, and account for the exceptions in
§ 42-43(a)(6). A provider's opinion may be evidence but does not conclusively
determine legal responsibility. A charge is not automatically additional rent,
a security-deposit deduction, or an admitted debt merely because it is entered
on a ledger.

☐ No reimbursement claim is presently made.

☐ A written claim and supporting records are attached.

☐ Responsibility or amount is disputed as follows:
[____________________________________________________________]

VII. REMEDIES AND NONWAIVER

Under N.C. Gen. Stat. § 42-44(a), a right or obligation declared by Chapter 42
is enforceable by civil action in addition to other remedies at law and in
equity. This Addendum does not make rent abatement, relocation, an injunction,
damages, termination, eviction, attorney fees, or another remedy automatic.

Section 42-44(c) states that a tenant may not unilaterally withhold rent before
a judicial determination of a right to do so. Section 42-44(d) states that a
violation of the Article is not negligence per se. Nothing here limits a claim
or defense otherwise available under applicable law.

Nothing in this Addendum:

• releases Landlord from a duty under § 42-42;

• creates an indemnity, liability cap, damages exclusion, fee shift, or force-
  majeure exception to a statutory duty;

• authorizes self-help eviction, lockout, utility interruption, or property
  removal;

• creates a specialized housing court or overrides applicable jurisdiction and
  venue rules;

• makes a party's allegation or a provider's source opinion binding; or

• makes an electronic copy an original for every legal purpose.

VIII. ATTACHMENTS AND DELIVERY RECORD

☐ Move-in condition record or photographs

☐ Tenant report

☐ Leak, moisture, or maintenance record

☐ Inspection report

☐ Preparation and access notice

☐ Repair, drying, or treatment plan and safety information

☐ Follow-up or monitoring report

☐ Invoices and proof of payment

☐ Written reimbursement claim or dispute

IX. AGREEMENT AND EXECUTION

This Addendum is incorporated into the identified Lease only after the parties
and North Carolina counsel confirm that it does not conflict with the Lease,
applicable law, a housing-program document, or a property-specific order. A
written amendment signed by the affected parties may update an administrative
process, but no term waives a right or duty that applicable law does not permit
the parties to waive.

Additional tenant or party:

Name: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

OPTIONAL PREVENTION AND VENTILATION CHECKLIST

Attach a property- and equipment-specific checklist supplied or approved by a
qualified professional. Do not use a fixed humidity percentage, filter-change
interval, exhaust-fan runtime, dehumidifier requirement, or health statement
unless it is appropriate for the actual building, equipment, and occupants.