MOLD DISCLOSURE AND PREVENTION ADDENDUM

to Residential Lease Agreement – Nebraska

[// GUIDANCE: This Addendum is intended for attachment to an existing Residential Lease Agreement (the “Lease”) for a dwelling unit located in the State of Nebraska (“NE”). Insert project-specific information in all bracketed placeholders before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. Mold Disclosure and Prevention Addendum (“Addendum”).

1.2 Parties.
    a. “Landlord”: [LANDLORD LEGAL NAME], [entity type]
    b. “Tenant”: [TENANT LEGAL NAME(S)]

1.3 Premises. [STREET ADDRESS, CITY, NE ZIP].

1.4 Effective Date. [DATE] (the “Effective Date”).

1.5 Jurisdiction. State of Nebraska; governed by the Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 et seq.).

1.6 Consideration. Execution of this Addendum is a condition precedent to and forms an integral part of the Lease.

2. DEFINITIONS

“Addendum” has the meaning set forth in § 1.1.
“Actual Damages” means the proven, out-of-pocket damages proximately caused by a breach, expressly excluding punitive, consequential, and special damages.
“Applicable Law” means all federal, state, and local statutes, ordinances, regulations, and building or housing codes governing habitability and mold, including Neb. Rev. Stat. §§ 76-1419 & 76-1421.
“Elevated Moisture Condition” means any condition resulting in persistent humidity, water intrusion, or condensation capable of supporting Mold growth.
“Mold” means microscopic fungi, mildew, and spores that may be found indoors and can grow on virtually any surface where moisture is present.
“Remediation” means actions undertaken to (i) identify the source of moisture, (ii) eliminate or control the moisture, (iii) remove or clean Mold-contaminated materials, and (iv) restore the Premises to a condition compliant with Applicable Law.
“Visible Mold” means Mold growth detectable by the naked eye, staining, or odor.

[// GUIDANCE: Add or delete defined terms as appropriate to project specifics.]

3. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum is incorporated into and forms part of the Lease. In the event of conflict, this Addendum controls with respect to Mold matters.

3.2 Statutory Disclosure.
    a. Landlord has [CHECK ONE]:
      i. ☐ Knowledge of the presence of Mold in the Premises (see § 3.2(b)); or
      ii. ☐ No actual knowledge of the presence of Mold in the Premises.
    b. If § 3.2(a)(i) is selected, attach a “Mold Condition Report” describing: (1) location and extent; (2) test results, if any; (3) dates and methods of prior Remediation. [Attach as Schedule A.]

3.3 Initial Inspection & Condition.
    a. Landlord represents that, to the best of Landlord’s knowledge and belief, the Premises are free of Visible Mold and Elevated Moisture Conditions as of the Effective Date, except as disclosed in § 3.2.
    b. Tenant acknowledges having inspected the Premises contemporaneously with lease-up and [CHECK ONE]:
      i. ☐ Observed no Visible Mold; or
      ii. ☐ Observed Visible Mold as detailed on the Inspection Checklist attached as Schedule B.

3.4 Habitability. Nothing herein limits Landlord’s non-waivable duty under Neb. Rev. Stat. § 76-1419 to maintain the Premises in a fit and habitable condition, nor Tenant’s obligations under § 76-1421.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual. Each Party represents it has authority to execute and deliver this Addendum.

4.2 Landlord. Landlord represents that any prior Mold Remediation, if performed, was completed in a manner compliant with then-Applicable Law and industry standards (e.g., IICRC S500/S520).

4.3 Tenant. Tenant represents that the Premises will be occupied as a private residence and that Tenant has received and read educational materials regarding Mold provided by Landlord or public health authorities.

4.4 Survival. The representations and warranties in this § 4 survive expiration or earlier termination of the Lease for twelve (12) months.

5. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants.
    a. Preventive Maintenance. Landlord shall: (1) maintain roofing, plumbing, and HVAC systems to minimize water intrusion; (2) annually inspect common areas for moisture; and (3) promptly address reported water leaks.
    b. Remediation Protocol. Upon receipt of notice under § 5.2(c) or independent discovery of Mold, Landlord shall within five (5) business days: (i) inspect and assess; (ii) deliver written findings to Tenant; and (iii) commence Remediation within a commercially reasonable time, but not later than ten (10) business days after inspection, subject to force majeure.

5.2 Tenant Covenants.
    a. Housekeeping. Tenant shall keep the Premises clean, use exhaust fans, maintain indoor relative humidity below sixty percent (60%), and refrain from unvented combustion appliances.
    b. Prohibited Conduct. Tenant shall not: (1) disable HVAC systems; (2) overwater houseplants; or (3) store water-saturated items.
    c. Notice Obligation. Tenant shall provide written notice to Landlord within twenty-four (24) hours of discovering water leaks, flooding, or Visible Mold.
    d. Mitigation. Pending Remediation, Tenant shall cooperate with Landlord, including granting access and, if necessary, temporarily relocating personal property.

5.3 Access. Landlord may enter the Premises upon at least twenty-four (24) hours’ notice—or immediately in an emergency—in accordance with Neb. Rev. Stat. § 76-1423, to inspect, test, or remediate Mold.

6. DEFAULT & REMEDIES

6.1 Tenant Default. Failure to comply with § 5.2 constitutes a material violation of the Lease. Upon notice, Tenant has seventy-two (72) hours to cure. If uncured, Landlord may pursue any remedy available under the Lease or Applicable Law, including possession.

6.2 Landlord Default. If Landlord fails to commence Remediation within the period required by § 5.1(b), Tenant may:
    a. Provide a second written notice with a five (5) business-day cure period; and
    b. If uncured, elect one of the following: (i) abate rent proportionally; or (ii) terminate the Lease without penalty and recover security deposit, pursuant to Neb. Rev. Stat. § 76-1425(1).

6.3 Injunctive Relief. Either Party may seek injunctive or other equitable relief from the state housing court to enforce habitability obligations without posting bond unless required by law.

6.4 Attorneys’ Fees. The substantially prevailing Party in any action to enforce this Addendum is entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Indemnification.
    a. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from Actual Damages arising out of Tenant’s breach of § 5.2 or negligent acts increasing the risk of Mold.
    b. Landlord Indemnity. Landlord shall indemnify Tenant for Actual Damages proximately caused by Landlord’s gross negligence or willful misconduct in performing Remediation.

7.2 Limitation of Liability. EXCEPT FOR PERSONAL INJURY OR STATUTORY HABITABILITY CLAIMS, NEITHER PARTY IS LIABLE FOR ANY DAMAGES BEYOND ACTUAL DAMAGES. CONSEQUENTIAL, SPECIAL, AND PUNITIVE DAMAGES ARE DISCLAIMED.

7.3 Insurance. Landlord shall maintain property insurance covering the structure; Tenant is advised to obtain renter’s insurance covering personal property and loss of use.

7.4 Force Majeure. Performance obligations are excused to the extent delayed by acts of God, governmental orders, or other events beyond reasonable control, provided the affected Party uses commercially reasonable efforts to mitigate.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Nebraska, without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive jurisdiction and venue lie in the [COUNTY] County Housing Court or, if none, the county court having subject-matter jurisdiction.

8.3 Arbitration. The Parties expressly exclude arbitration.

8.4 Jury Trial. Nothing herein constitutes a waiver of the constitutional right to a trial by jury.

8.5 Injunctive Relief. See § 6.3.

9. GENERAL PROVISIONS

9.1 Amendment. No amendment is effective unless in writing and signed by both Parties.

9.2 Waiver. No waiver of any breach is deemed a waiver of any subsequent breach.

9.3 Assignment. Tenant may not assign or sublease without Landlord’s prior written consent; any unauthorized assignment is void.

9.4 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the offending provision shall be reformed to the minimum extent necessary to effectuate the Parties’ intent.

9.5 Integration. This Addendum, together with the Lease and any schedules hereto, constitutes the entire agreement of the Parties regarding Mold and supersedes all prior oral or written statements.

9.6 Electronic Signatures. The Parties consent to execution and delivery by electronic means, and such signatures shall be deemed originals.

9.7 Counterparts. This Addendum may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument.

10. EXECUTION BLOCK

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

[OPTIONAL NOTARIZATION BLOCK, if required by local ordinance]

[// GUIDANCE: Attach Schedules A & B if applicable. Retain executed originals with the Lease file and provide copies to all signatories.]