MOLD DISCLOSURE AND PREVENTION ADDENDUM

to Residential Lease Agreement – State of North Carolina

[// GUIDANCE: Attach this Addendum to, and incorporate it by reference into, the underlying Residential Lease Agreement (“Lease”). Review the Lease for consistency (e.g., notice addresses, default remedies) before execution.]

I. DOCUMENT HEADER

1. Parties.
   This Mold Disclosure and Prevention Addendum (“Addendum”) is entered into effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, each a “Party” and collectively the “Parties”).

2. Premises.
   The Premises subject to this Addendum are the residential dwelling located at [PROPERTY ADDRESS] (the “Premises”), leased pursuant to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).

3. Consideration & Incorporation.
   As material consideration for entering into the Lease, the Parties agree that this Addendum (a) is hereby incorporated into the Lease, (b) shall be governed by the same law and interpretive principles, and (c) shall control in the event of any inconsistency with the Lease regarding mold-related matters.

4. Governing Law & Venue.
   This Addendum shall be governed by and construed in accordance with the North Carolina Residential Rental Agreements Act, N.C. Gen. Stat. § 42-38 et seq., and other applicable North Carolina landlord-tenant laws (“State Landlord-Tenant Law”). Exclusive venue for any action arising hereunder shall lie in the state housing or other court of competent jurisdiction located in [COUNTY, NC]. Arbitration is expressly excluded.

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Any term not defined herein has the meaning ascribed to it in the Lease.

“Actual Damages” – Direct, compensatory damages proven with reasonable certainty, but expressly excluding incidental, consequential, punitive, or exemplary damages.

“ANSI/IICRC S520 Standard” – The current edition of the American National Standards Institute/Institute of Inspection Cleaning and Restoration Certification standard and reference guide for professional mold remediation, as updated from time to time.

“Moisture Condition” – Any water intrusion, leak, excessive humidity (relative humidity consistently above 60%), or condensation capable of fostering mold growth.

“Mold” – Any microscopic fungi, spores, or mycotoxins, whether visible or hidden, that may be present on building materials, personal property, or in the air within the Premises.

“Notification” – Written notice delivered in accordance with Section IX.4 (Notices) of the Lease.

“Remediation” – Actions consistent with the ANSI/IICRC S520 Standard or its successor to remove, clean, or abate Mold, and to correct any underlying Moisture Condition.

III. OPERATIVE PROVISIONS

3.1 Landlord’s Mold Disclosure.
a. To Landlord’s knowledge, based on a reasonably diligent visual inspection conducted on [INSPECTION DATE], the Premises [ARE / ARE NOT] affected by visible Mold or unresolved Moisture Conditions.
b. Landlord has provided Tenant with copies of (i) any prior mold inspection or laboratory reports, and (ii) maintenance or Remediation records relating to Mold within the past [X] years (collectively, the “Mold Records”). Tenant acknowledges receipt of the Mold Records by initialing here: _.

3.2 Tenant’s Inspection and Acknowledgment.
a. Tenant represents that Tenant has independently inspected the Premises (or had the opportunity to do so) prior to signing this Addendum.
b. Tenant acknowledges that Mold may develop if the Premises are not properly maintained or ventilated, and agrees to follow the prevention obligations herein.

3.3 Ongoing Mold Prevention Obligations of Tenant.
Tenant shall:
i. Maintain the Premises in a clean, dry, and sanitary condition, including promptly disposing of garbage;
ii. Operate bathroom and kitchen exhaust fans during and for at least 20 minutes after use;
iii. Keep HVAC drip pans clean and replace all air filters at least every [90] days;
iv. Promptly (within 24 hours) provide Notification to Landlord of any leak, plumbing failure, appliance overflow, roof intrusion, or other Moisture Condition;
v. Use dehumidifiers in basements or other moisture-prone areas when relative humidity exceeds 60%;
vi. Not block air vents or return registers; and
vii. Not introduce excessive moisture (e.g., by drying wet clothes indoors without adequate ventilation).

3.4 Landlord’s Remediation Obligations.
a. Upon receipt of Tenant’s Notification or Landlord’s own discovery of Mold or a Moisture Condition, Landlord shall, within [2] business days, inspect the affected area and, if warranted, commence Remediation consistent with the ANSI/IICRC S520 Standard.
b. Landlord may temporarily relocate Tenant (at Landlord’s expense) if necessary for safe and effective Remediation. Rent shall abate proportionally to any loss of use exceeding [48] consecutive hours.
c. Tenant shall grant Landlord and Landlord’s contractors reasonable access to the Premises for inspection, testing, drying equipment installation, and Remediation, subject to the notice requirements in the Lease or as otherwise permitted by law.

3.5 Testing and Reporting.
a. Pre- and post-Remediation air or surface sampling may be performed at Landlord’s discretion or if required by applicable law.
b. Copies of any laboratory reports shall be provided to Tenant within [5] business days of receipt.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Limited Warranty.
Landlord warrants that, as of the Effective Date, Landlord has no actual knowledge of existing hazardous Mold in the Premises other than as disclosed herein or in the Mold Records.

4.2 Tenant’s Warranty.
Tenant warrants that Tenant will comply with Section 3.3 and will not knowingly do, permit, or suffer any act or omission that results in Mold growth.

4.3 Disclaimer of Implied Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM OR AS REQUIRED UNDER STATE LANDLORD-TENANT LAW, LANDLORD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO MOLD, INCLUDING ANY IMPLIED WARRANTY OF HABITABILITY BEYOND THOSE REQUIRED BY LAW.

4.4 Survival.
The warranties and related obligations contained in this Section IV shall survive the termination or expiration of the Lease for a period of [12] months.

V. COVENANTS & RESTRICTIONS

5.1 Tenant’s Affirmative Covenants.
Tenant shall strictly perform the Mold prevention obligations set forth in Section 3.3.

5.2 Tenant’s Negative Covenants.
Tenant shall not: (a) install any unvented gas or kerosene space heaters; (b) engage in aquaculture or other high-humidity activities without Landlord’s prior written consent; or (c) alter or disable any HVAC or ventilation system.

5.3 Monitoring.
Landlord reserves the right, upon [24] hours’ notice (except in emergencies), to inspect humidity levels and HVAC performance using non-invasive methods.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
The following shall constitute Tenant defaults under this Addendum (each a “Mold Default”):
a. Failure to timely report a Moisture Condition or visible Mold;
b. Failure to comply with Section 3.3 within [5] days after written notice;
c. Obstruction of Landlord’s Remediation efforts.

6.2 Notice and Opportunity to Cure.
Landlord shall deliver written notice of any Mold Default. Tenant shall have [5] days (or such shorter period as reasonably necessary to mitigate health risks) to cure.

6.3 Remedies.
If Tenant fails to cure within the applicable period, Landlord may, in addition to all remedies under the Lease and State Landlord-Tenant Law:
i. Perform the cure at Tenant’s expense and bill Tenant as additional rent due within [30] days;
ii. Seek injunctive or equitable relief to enforce habitability obligations; and/or
iii. Terminate the Lease upon [10] days’ written notice if Mold poses a material health risk.

6.4 Attorney Fees and Costs.
In any action to enforce this Addendum, the prevailing Party shall be entitled to recover reasonable attorney fees and costs, as permitted by N.C. Gen. Stat. § 6-21.2 and § 42-46.

VII. RISK ALLOCATION

7.1 Indemnification.
a. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any and all claims, demands, liabilities, damages, or expenses (including reasonable attorney fees) arising from or relating to (i) Tenant’s breach of Section 3.3, or (ii) Mold growth caused or exacerbated by Tenant’s negligence or willful misconduct.
b. Landlord shall indemnify, defend, and hold harmless Tenant from and against Actual Damages resulting from Landlord’s failure to timely perform its obligations under Section 3.4.

7.2 Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES; LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL DAMAGES.

7.3 Insurance.
a. Landlord shall maintain property insurance covering the structure of the Premises.
b. Tenant is advised to maintain renter’s insurance with mold-related personal property coverage of at least [$ X,000]. [// GUIDANCE: Insert recommended coverage amount based on local market.]

7.4 Force Majeure.
Delays in Remediation caused by events beyond reasonable control (e.g., natural disasters, labor strikes, material shortages) shall extend required performance times proportionally; however, Landlord shall use diligent efforts to mitigate delays.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum and any dispute arising hereunder shall be governed by State Landlord-Tenant Law.

8.2 Forum Selection.
Exclusive jurisdiction and venue shall reside in the state housing court or, if none exists, the general court of justice – district or superior division – located in [COUNTY, NC].

8.3 Arbitration.
The Parties expressly opt out of arbitration.

8.4 Jury Trial.
Nothing herein constitutes a waiver of either Party’s constitutional right to a trial by jury on any issue triable of right by a jury.

8.5 Injunctive Relief.
The Parties acknowledge that breach of mold prevention or Remediation obligations may cause irreparable harm not fully compensable by money damages; therefore, each Party shall be entitled to seek injunctive or equitable relief in addition to any other remedy available at law.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver.
No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both Parties. No waiver shall constitute a waiver of any subsequent breach.

9.2 Assignment.
Tenant shall not assign, sublet, or transfer any interest in the Lease or this Addendum without Landlord’s prior written consent, except as permitted by State Landlord-Tenant Law.

9.3 Successors & Assigns.
This Addendum shall bind and inure to the benefit of the Parties and their respective heirs, successors, and permitted assigns.

9.4 Severability.
If any provision of this Addendum is held unenforceable, such provision shall be reformed to the minimum extent necessary to comply with applicable law, and the remaining provisions shall remain in full force.

9.5 Integration.
This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties with respect to Mold and supersedes all prior oral or written statements.

9.6 Counterparts; Electronic Signatures.
This Addendum may be executed in multiple counterparts, each of which shall constitute an original and all of which together shall constitute one instrument. Signatures transmitted by facsimile, email, or other electronic means shall be deemed original signatures for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the Effective Date.

[// GUIDANCE: North Carolina does not mandate notarization or witness attestation for standard residential leases; however, if the underlying Lease is to be recorded or local ordinances require otherwise, add appropriate acknowledgment blocks here.]

EXHIBIT A

TENANT CLEANING & VENTILATION CHECKLIST
[Attach a practical checklist for Tenant’s daily/weekly maintenance; inclusion encourages compliance and evidences Landlord’s preventative efforts.]

[// GUIDANCE: Prior to execution, confirm local (city/county) ordinances or health department regulations do not impose additional mold disclosures or remediation protocols. Adjust cure periods and notice methods to remain consistent with the Lease and the North Carolina Residential Rental Agreements Act.]