Residential Lease Addenda - Mold Disclosure - New Hampshire

MOLD DISCLOSURE & PREVENTION ADDENDUM

to Residential Lease Agreement

(New Hampshire)

I. DOCUMENT HEADER

1. Parties.
   This Mold Disclosure & Prevention Addendum (the “Addendum”) is entered into by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (collectively, “Tenant”) in connection with the residential lease of the real property located at [PREMISES ADDRESS] (the “Premises”).

2. Recitals.
   A. The parties have executed, or are simultaneously executing, that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).
   B. The parties want a factual record and agreed communication process for leaks, water intrusion, dampness, visible growth, and related repair work.
   C. This Addendum does not declare that every instance of visible growth is a statutory violation or that any response target below is a deadline imposed by New Hampshire law.

3. Effective Date; Hierarchy.
   This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is incorporated into and made part of the Lease. In the event of conflict between this Addendum and the Lease, this Addendum controls solely with respect to mold-related matters.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Other capitalized terms used but not defined herein have the meanings assigned to them in the Lease.

“Applicable Housing Requirements” – N.H. Rev. Stat. chs. 48-A and 540-A, any applicable municipal housing or health code, the Lease, and other nonwaivable law identified by reviewing counsel.

“Mold” – any microscopic fungi, including mold spores, mildew, and any byproducts or microbial volatile organic compounds associated therewith.

“Qualified Provider” – a person selected after considering the nature and extent of the condition, any license or credential required for the work, and the provider's relevant training and experience.

“Work Plan” – a written description, when appropriate, of investigation, source control, repair, cleaning or removal, containment, completion criteria, and follow-up.

“Moisture Condition” – the presence of water, elevated humidity, or other source of moisture at the Premises sufficient to support mold growth.

“Notice” – written notice delivered in accordance with Section IX.7 of this Addendum.

III. OPERATIVE PROVISIONS

1. Landlord’s Initial Disclosure.
   a. Inspection Prior to Possession. Landlord represents that Landlord (or Landlord’s qualified agent) visually inspected the Premises within [NUMBER] days prior to the Commencement Date and observed [“no visible mold or moisture conditions” / “the following conditions” → DESCRIPTION].
   b. Prior Mold Events. Landlord discloses that within the past [NUMBER] years the Premises [“have not” / “have”] experienced documented water intrusion or mold remediation. If “have,” Landlord attaches Exhibit A describing the date, location, remediation steps, and clearance results.

2. Tenant’s Acknowledgment.
   Tenant acknowledges:
   i. receipt of the disclosures above;
   ii. opportunity to inspect the Premises; and
   iii. that there are [“no” / “the following”] visible Mold or Moisture Conditions at move-in.

3. Prevention Obligations.
   a. Landlord. Landlord shall:
   (1) maintain roofing, plumbing, HVAC, and building envelope to prevent Moisture Conditions;
   (2) provide and maintain functional exhaust fans in kitchens and bathrooms;
   (3) address conditions covered by Applicable Housing Requirements; and
   (4) upon Notice of a Moisture Condition, respond in accordance with Section 3.c.
   b. Tenant. Tenant shall:
   (1) use reasonable efforts to maintain the Premises in a clean and sanitary condition, including controlling moisture (e.g., timely wiping condensation, promptly cleaning small amounts of surface mold, and operating ventilation fans);
   (2) keep HVAC drip pans clean and replace HVAC filters at least every [X] months;
   (3) operate heating and cooling systems to avoid excessive humidity; and
   (4) promptly report a water leak, plumbing failure, unusual dampness, or suspected Mold after discovery, using the emergency contact route when immediate property or safety protection may be needed.
   c. Contractual Response Targets — Complete Before Signing. These are negotiated performance terms, not represented as statutory deadlines:
   (1) Active leak, flooding, or other emergency: acknowledgment within [____] hours and protective action as reasonably required by the circumstances.
   (2) Non-emergency report: acknowledgment within [____] business days; inspection or other initial response within [____] business days.
   (3) Status updates: every [____] days while material work remains open.

4. Remediation Procedures.
   a. Investigation. Landlord shall investigate the reported condition and the moisture source. A Qualified Provider shall be used when the scope, risk, or applicable requirements call for one.
   b. Source Control and Work. The parties shall document the identified source, planned repairs, access needs, affected areas, personal-property precautions, and completion criteria in Exhibit B. A Work Plan shall be attached when appropriate.
   c. Completion Record. Landlord shall give Tenant a written summary of completed work and any continuing instructions. Testing or written clearance is required only if selected in Exhibit B or required by applicable authority.
   d. Displacement. If work may require Tenant to leave all or part of the Premises, the parties shall record the expected period and any lodging, rent, insurance, benefit, or reimbursement arrangement in Exhibit C after counsel reviews the Lease and applicable law. This Addendum creates no automatic relocation or rent-abatement formula.

5. Rent Withholding Limitation.
   No statement in this Addendum instructs either party to withhold rent, terminate the tenancy, or use self-help. Before taking such action, obtain advice on the Lease, current law, notice, proof, court process, and available remedies.

6. Access.
   Under current N.H. Rev. Stat. § 540-A:3(IV), a landlord may not willfully enter without prior consent except to make emergency repairs. Section 540-A:3(V) bars a tenant from willfully refusing access for necessary repairs or other reasonable and lawful ownership functions at a reasonable time after notice adequate under the circumstances. If non-emergency consent is not obtained, § 540-A:3(V-d) permits entry only with a court order. The parties shall document each non-emergency access request, proposed time, purpose, expected duration, and response.

Future-law notice: 2026 N.H. Laws ch. 308, effective October 8, 2026, rewrites § 540-A:3(V) to prohibit willfully preventing completion of necessary repairs or refusing reasonable and lawful access at a reasonable time after adequate notice. Counsel must use the version effective on the access date.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord’s Warranties.
   a. Landlord states, to Landlord’s actual knowledge after the inspection described above, the visible conditions disclosed in Exhibit A.
   b. Nothing in this Addendum waives or limits a duty, warranty, remedy, or defense that applicable law makes nonwaivable.

2. Tenant’s Representations.
   Tenant represents that Tenant has:
   i. received the disclosures and optional educational materials listed in Exhibit D; and
   ii. recorded any visible leak, dampness, staining, odor, or growth observed before signing.

3. No Medical Determination.
   This form does not diagnose a condition, determine causation, or substitute for medical, environmental, engineering, insurance, or legal advice.

V. COVENANTS & RESTRICTIONS

1. Tenant shall not:
   a. disable, block, or tamper with ventilation fans, HVAC returns, dehumidifiers, or condensate drains;
   b. store excessive quantities of personal property in a manner that impedes airflow along exterior walls; or
   c. run humidifiers without written consent of Landlord.

2. Landlord shall:
   a. maintain the structural integrity of the Premises to prevent chronic Moisture Conditions; and
   b. keep inspection, communication, invoice, photograph, Work Plan, and completion records for [____] years under the parties' selected retention policy, subject to litigation holds and other applicable requirements.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Landlord Contract Breach: Failure to perform a completed contractual obligation in this Addendum, subject to the facts, any permitted excuse, and applicable law.
   b. Tenant Contract Breach: Failure to perform a completed contractual obligation in this Addendum, subject to the facts, any permitted excuse, and applicable law.

2. Cure Periods.
   Except when immediate protective action or a different lawful process applies, the complaining party shall give written notice and the following negotiated opportunity to respond or cure: [____] days. This clause does not replace a statutory notice or court process.

3. Remedies.
   Each party preserves only the contract, statutory, and common-law remedies actually available on the facts. No remediation charge is automatically treated as rent, no possession remedy bypasses lawful court process, and no remedy is conceded merely by signing this Addendum.

4. Attorney Fees.
   This Addendum creates no blanket prevailing-party attorney-fee right. N.H. Rev. Stat. § 540-A:4(IX) addresses costs and reasonable attorney fees for specified Chapter 540-A violations and contains exceptions; any fee request must identify its actual contractual or legal basis.

VII. COST, INSURANCE, AND RESPONSIBILITY RECORD

1. Source and Responsibility Findings. No party admits causation or liability by reporting, inspecting, or addressing a condition. Record agreed facts, disputed facts, and reserved positions in Exhibit B.

2. Costs. Before charging or reimbursing investigation, repair, personal-property, lodging, testing, or other costs, identify the invoice, responsible party, Lease provision, insurance or benefit source, and legal basis in Exhibit C.

3. No Liability Cap or Indemnity Created. This Addendum does not create an indemnity, liability cap, punitive-damages waiver, exculpation, or automatic consequential-damages exclusion. Any such term requires separate, provision-specific review.

4. Insurance. Each party shall promptly give any notice required by an applicable insurance policy and preserve relevant evidence. Coverage, deductibles, additional living expense, subrogation, and reimbursement depend on the policy and facts.

VIII. DISPUTE RESOLUTION

1. Governing Law.
   This Addendum and the Lease are governed by the residential landlord-tenant statutes, regulations, and common law of the State of New Hampshire, without regard to conflict-of-law principles.

2. Court Route.
   N.H. Rev. Stat. § 540-A:4 gives the district courts concurrent jurisdiction with the superior court to enforce §§ 540-A:2 and 540-A:3, and permits a petition in the district or county where the rental premises are located. This form therefore uses the court names in the statute rather than a generic “Housing Court” label. Other claims may follow a different forum or procedure.

3. Lease Dispute Terms.
   Any mediation, arbitration, forum, jury, or fee term in the Lease must be reviewed for scope and enforceability. This Addendum does not expand it or waive a right or statutory petition route.

4. Chapter 540-A Relief.
   Under § 540-A:4, a court may issue temporary orders upon an immediate-threat showing and may grant the relief authorized for a proven Chapter 540-A violation. This Addendum does not predetermine whether a violation or remedy exists.

IX. GENERAL PROVISIONS

1. Amendment; Waiver.
   No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.

2. Assignment.
   Tenant shall not assign this Addendum or sublease the Premises without Landlord’s prior written consent, except as otherwise provided in the Lease or by law.

3. Successors & Assigns.
   This Addendum binds and inures to the benefit of the parties and their respective successors and permitted assigns.

4. Severability.
   If any provision of this Addendum is held invalid or unenforceable, the remaining provisions remain in full force, provided the essential terms and intent can still be effectuated.

5. Integration.
   This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement regarding mold, superseding all prior or contemporaneous oral or written statements.

6. Counterparts; Electronic Signatures.
   ☐ Counterpart execution selected. ☐ Electronic signatures selected after counsel confirms the transaction, consent, attribution, retention, and any exception requirements.

7. Notices.
   Ordinary notices follow the Lease notice clause. Emergency contact may be made by [PHONE / TEXT / EMAIL / PORTAL], followed by written confirmation within the contractual period of [____] hours. This is an agreed communication method, not a statutory deadline.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Mold Disclosure & Prevention Addendum as of the Effective Date.

[Optional acknowledgment block — use only after counsel confirms a reason to include it]

EXHIBIT A — MOVE-IN AND PRIOR-CONDITION DISCLOSURE

EXHIBIT B — CONDITION, SOURCE, AND WORK RECORD

EXHIBIT C — DISPLACEMENT, COST, AND INSURANCE RECORD

EXHIBIT D — MATERIALS PROVIDED

☐ Lease and all addenda

☐ Move-in inspection record

☐ Optional government or professional educational material: [________________________________]

☐ Local housing-code contact information: [________________________________]

SOURCES AND REFERENCES

• New Hampshire RSA Chapter 48-A, including §§ 48-A:13 and 48-A:14: https://gc.nh.gov/rsa/html/III/48-A/48-A-mrg.htm
• New Hampshire RSA Chapter 540-A, current consolidated text: https://gc.nh.gov/rsa/html/LV/540-A/540-A-mrg.htm
• 2026 N.H. Laws ch. 308 (H.B. 1598-FN), effective October 8, 2026: https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?sy=2026&id=2393&txtFormat=pdf&v=current