Residential Lease Addenda - Mold Disclosure - North Dakota

MOLD AND MOISTURE CONDITION DISCLOSURE AND RESPONSE ADDENDUM

North Dakota Residential Lease Companion

This Addendum is attached to the lease dated [DATE] between
[LANDLORD LEGAL NAME] ("Landlord") and [TENANT LEGAL NAME AND EVERY OTHER
TENANT] ("Tenant") for [FULL PREMISES ADDRESS AND UNIT] ("Premises").

1. Property and Rule Screen

This Addendum states no statewide North Dakota mold-disclosure requirement,
habitability conclusion, inspection or remediation deadline, access rule,
relocation benefit, rent remedy, cost allocation, or court remedy. Complete the
screen with current official authority and property-specific documents before
adding any such term.

2. Factual Condition Disclosure

The following disclosure records identified facts and records. It does not
guarantee that mold is absent, decide whether observed material is mold, provide
a health opinion, establish causation, or promise that a condition will not
develop or recur.

Lookback selected for this transaction

From [DATE / EVENT] through [DATE / EVENT]

Current and prior reports

Choose only an entry supported by the identified review:

• ☐ Landlord has disclosed the known records listed above
• ☐ No responsive record was located after review of [SOURCES CHECKED]
• ☐ An inspection or records review is scheduled for [DATE]; the result
  will be attached before [OCCUPANCY / EXECUTION / OTHER]

The parties do not label a fixed lookback or pre-occupancy mold inspection as a
statewide requirement unless counsel identifies the controlling rule.

3. Move-In or Current Condition Record

This visual record is not an environmental assessment, laboratory result,
clearance certificate, or warranty that concealed or future conditions are
absent.

4. Reporting Procedure

Tenant should report suspected moisture, water intrusion, a leak, persistent
condensation, visible growth or staining, a musty odor, or related damage
through the reviewed contact route:

The report should include, if known:

• date, time, and exact location;
• whether water is actively entering or accumulating;
• visible growth, staining, odor, damage, or ventilation concern;
• photographs or other safely collected records;
• affected rooms, furnishings, or belongings;

• any immediate access, safety, or health concern stated by the reporting
  person; and

• dates and results of prior reports or work.

No 24-hour, 48-hour, or 72-hour forfeiture is created by this form. A reporting
target, if selected after review, is [PROMPTLY / WITHIN ____] and does not
decide either party's duties or remedies under the actual facts and controlling
documents.

5. Investigation and Response Plan

Targets in this table are proposed scheduling standards, not statements of a
statewide deadline. Leaving a field blank creates no deadline. The selected
professional or contractor must state qualifications, scope, method, safety
instructions, sampling decision, completion criteria, and any follow-up; this
Addendum does not certify a provider or prescribe a technical standard.

6. Access, Preparation, and Occupancy

Access occurs only under the reviewed lease and current law. Complete the
procedure:

This Addendum does not create a 24-hour entry rule or authorize no-notice entry
merely because a condition is described as urgent. Preparation instructions
must be written, feasible, related to the selected work, and provided with
enough time.

Record any assistance or accommodation for moving items, temporary absence,
transportation, child or pet care, language access, disability, respiratory, or
chemical-sensitivity needs:

[________________________________]

If work may affect occupancy, complete a separate reviewed agreement or notice:

This Addendum itself promises no relocation, lodging, rent abatement,
reimbursement, or lease termination result.

7. Prevention and Cooperation Record

Landlord or manager

• ☐ maintain a working contact route for water and moisture reports

• ☐ track reported roof, plumbing, drainage, appliance, ventilation, HVAC,
  exterior, and common-area issues

• ☐ document inspections, work authorization, access attempts, provider
  instructions, and completion

Tenant and occupants

• ☐ report observed leaks, flooding, persistent condensation, visible growth
  or staining, musty odor, or material ventilation problems without avoidable
  delay

• ☐ use installed ventilation reasonably and avoid blocking supply or return
  vents

• ☐ avoid painting over, concealing, or disturbing a reported condition
  before it is documented, unless immediate safety requires action

• ☐ identify preparation, access, or accommodation barriers promptly

These practical steps do not predetermine legal duty or causation, make an
occupant strictly liable, transfer responsibility for building conditions, or
waive a right or defense.

8. Cost and Personal-Property Review

No inspection, assessment, correction, lodging, personal-property, or other
charge becomes Tenant responsibility merely because the condition was reported
after move-in, a vendor mentions Tenant conduct, access was rescheduled, or the
Lease calls charges "additional rent." Before allocating a cost, review the
Lease, evidence, causation, reasonableness, notice, insurance, local and program
rules, security-deposit treatment, and dispute process.

Choose a route only after review:

• ☐ Landlord pays without Tenant charge
• ☐ Tenant pays an agreed amount of $[____] under [VERIFIED BASIS]

• ☐ Parties split [DEFINED COST] by negotiated percentages without
  admitting fault

• ☐ Insurance, public program, association, or vendor credit pays

• ☐ Amount remains disputed pending [PROCESS]

9. Lease and Remedy Boundaries

This Addendum does not itself:

• state that North Dakota requires a statewide mold disclosure or mold-free
  certification;

• create a fixed inspection, remediation, clearance, notice, or cure period;

• establish default, termination, possession, eviction, or self-help grounds;

• authorize unilateral rent withholding, repair-and-deduct, rent abatement,
  relocation, lodging, or reimbursement;

• create an automatic injunction, specific-performance, attorney-fee, interest,
  penalty, or damages result;

• make a mold-related charge rent or "additional rent";

• require either party to indemnify, defend, release, or hold the other
  harmless;

• exclude consequential, punitive, personal-injury, property, or other
  remedies;

• cap liability at rent, remediation cost, insurance, or another amount;

• excuse reporting, access, payment, repair, or response through force majeure;

• select arbitration, waive a jury, or choose a court, division, forum, or
  venue; or

• establish the legal effect of an electronic signature, counterpart, or
  electronic notice.

Any duty, access, notice, repair, rent, cost, termination, possession, damages,
fee, signature, or court issue must follow the controlling lease, current law,
local or program rule, and actual facts. The parties preserve all nonwaivable
rights, remedies, claims, and defenses.

10. Completion Record, Attachments, and Signatures

Work and follow-up

Select only a statement supported by the attached records:

• ☐ The identified work is complete; no statement is made about concealed or
  future conditions

• ☐ The following work, monitoring, or follow-up remains: [DETAILS]

Attached before signing:

• ☐ known-condition and prior-work record
• ☐ move-in or current-condition record and photographs
• ☐ inspection, assessment, or contractor report
• ☐ response plan and access record
• ☐ preparation, safety, ventilation, reentry, and follow-up instructions
• ☐ invoices, estimates, insurance, or cost-allocation record
• ☐ local, program, association, or property policy
• ☐ accommodation or communication plan
• ☐ other: [________________________________]

Landlord and Tenant acknowledge receipt of the completed factual record and
attachments. A signature does not admit causation, waive a claim, approve an
unknown future charge, certify health or safety, guarantee remediation success,
or promise that the Premises will remain mold-free.

No notary acknowledgment is included unless a separate instrument or counsel
requires one.

Final Review

• ☐ Current lease, property, locality, program, and official law checked

• ☐ All factual disclosures tied to identified records or qualified
  knowledge

• ☐ No statutory mold-duty, deadline, access, relocation, rent, cost, fee,
  remedy, forum, or signature result is stated without verified authority

• ☐ Proposed dates are clearly identified as negotiated scheduling targets

• ☐ No automatic tenant charge, additional-rent treatment, default,
  indemnity, release, liability cap, force-majeure excuse, arbitration, jury
  waiver, or fictional Housing Court remains

• ☐ Attachments, names, premises, dates, defined terms, and signature blocks
  cross-checked

Preparing attorney or reviewer: [________________________________]

Review date: [__/__/____]