MOLD DISCLOSURE & PREVENTION ADDENDUM

to Residential Lease Agreement

(New Hampshire)

[// GUIDANCE: Attach this Addendum to—and expressly incorporate it into—the parties’ primary Residential Lease Agreement (the “Lease”). Do not use as a stand-alone contract. Confirm that the Lease’s defined terms align with the Definitions in Section II below.]

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. New Hampshire law imposes duties upon Landlord to provide, and upon Tenant to maintain, habitable housing, including conditions that are free from excessive moisture and microbial growth.
   C. The parties desire to allocate responsibility, set forth disclosure, and establish procedures regarding mold, moisture intrusion, and related remediation, all as more fully described herein.

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.

“Actual Damages” – the out-of-pocket costs actually incurred and reasonably documented, exclusive of consequential, special, punitive, or exemplary damages.

“Habitability Standards” – the statutory and common-law requirements in the State of New Hampshire that residential premises be fit for human habitation, clean, safe, sanitary, and free from unreasonable risk to health or safety.

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

“Mold Remediation Contractor” – a third-party professional duly licensed (if licensing is required) or otherwise qualified to perform mold assessment and remediation in accordance with industry standards (currently including, without limitation, EPA Guidelines, NYC Guidelines, and ANSI/IICRC S520).

“Mold Remediation Protocol” – a written work plan prepared by a Mold Remediation Contractor describing methods, containment, clearance criteria, and follow-up verification procedures.

“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) ensure the Premises meet or exceed Habitability Standards at all times; 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 deliver Notice (within 24 hours of discovery) to Landlord of any water leak, plumbing failure, or suspected Mold.
   c. Response Timeline.
   (1) Emergency Condition (ongoing leak, flooding, or Mold affecting HVAC/air circulation): Landlord shall commence corrective action within 24 hours of Tenant’s Notice and pursue remediation diligently to completion.
   (2) Non-Emergency Condition: Landlord shall inspect within 5 business days and initiate appropriate steps within 10 business days.

4. Remediation Procedures.
   a. Assessment. Upon confirmation of Mold beyond normal surface level, Landlord shall retain a Mold Remediation Contractor to conduct an assessment and, if necessary, prepare a Mold Remediation Protocol.
   b. Execution. Remediation shall conform to the Mold Remediation Protocol and applicable industry standards.
   c. Clearance Testing. Upon completion, Landlord shall secure written clearance that indoor mold levels are within normal ecological ranges. A copy shall be provided to Tenant.
   d. Temporary Relocation. If remediation requires Tenant to vacate any portion of the Premises for more than 24 hours, Landlord shall:
   (1) provide [comparable temporary lodging] OR
   (2) abate Rent for the affected days and proportionate area,
   at Landlord’s election, subject to applicable law.

5. Rent Withholding Limitation.
   Tenant shall not withhold Rent except as expressly permitted under the Lease, this Addendum, or non-waivable provisions of New Hampshire law.

6. Access.
   Tenant shall grant Landlord and Landlord’s contractors reasonable access to the Premises for inspection, moisture testing, remediation, and clearance, subject to minimum statutory notice requirements [insert reference to statutory notice period—typically 24 hrs].

IV. REPRESENTATIONS & WARRANTIES

1. Landlord’s Warranties.
   a. Landlord warrants that, to Landlord’s Knowledge, the Premises comply with Habitability Standards as of the Effective Date.
   b. Landlord disclaims all other express or implied warranties regarding the absence of allergens or other environmental contaminants, except as expressly stated herein or mandated by law.

2. Tenant’s Representations.
   Tenant represents that Tenant has:
   i. reviewed and understands the EPA publication “A Brief Guide to Mold, Moisture, and Your Home” (or comparable state publication); and
   ii. not introduced any water or moisture to the Premises prior to execution of this Addendum.

3. Survival.
   The representations and warranties in this Addendum survive the expiration or earlier termination of the Lease for 12 months.

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 written records of all inspection and remediation activities for four (4) years and furnish copies to Tenant upon reasonable request.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Landlord Default: Failure to initiate remediation within the timelines set forth in Section III.3.c.
   b. Tenant Default: Failure to give timely Notice of a Moisture Condition, or violation of prevention obligations under Section III.3.b or covenants under Section V.

2. Cure Periods.
   Except for an Emergency Condition, the non-defaulting party shall grant a 5-business-day written cure period.

3. Remedies.
   a. For Landlord Default: Tenant may (i) seek injunctive relief to enforce Habitability Standards; (ii) pursue Actual Damages; and (iii) if permitted by law, terminate the Lease.
   b. For Tenant Default: Landlord may (i) perform remediation or repairs necessitated by Tenant’s breach and charge the reasonable cost to Tenant as additional Rent; and (ii) exercise any remedies under the Lease or applicable law.

4. Attorney Fees.
   The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and costs, except as limited by RSA 540-A or other non-waivable law.

VII. RISK ALLOCATION

1. Indemnification.
   a. By Landlord. Landlord shall indemnify, defend, and hold harmless Tenant and Tenant’s permitted occupants from and against all claims, liabilities, and Actual Damages arising out of Landlord’s gross negligence, willful misconduct, or failure to comply with its obligations hereunder.
   b. By Tenant. Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, liabilities, and Actual Damages arising out of Tenant’s negligence or breach of this Addendum.

2. Limitation of Liability.
   EACH PARTY’S LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL DAMAGES, AND ALL CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARE WAIVED TO THE FULLEST EXTENT PERMITTED BY LAW.

3. Insurance.
   Landlord shall maintain property insurance covering the structure. Tenant is strongly encouraged to maintain renter’s insurance covering personal property and loss of use; however, Tenant’s failure to do so does not relieve Tenant of liability otherwise assumed herein.

4. Force Majeure.
   Neither party is liable for delays in performance caused by events beyond its reasonable control (e.g., severe storms, governmental orders, or utility outages), provided such party acts diligently to remediate any resulting Moisture Condition.

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. Forum Selection.
   Exclusive venue lies in the [NAME OF COUNTY] Housing Court of the State of New Hampshire (or, if no Housing Court exists, the Circuit Court—District Division—Housing Docket serving the county in which the Premises are located).

3. Arbitration.
   The parties expressly exclude arbitration; all disputes shall be resolved in the court identified above.

4. Jury Trial.
   Consistent with the New Hampshire Constitution, the parties do not waive their right to a trial by jury.

5. Preservation of Injunctive Relief.
   Nothing herein limits either party’s right to seek temporary restraining orders, preliminary injunctions, or other equitable relief to enforce Habitability Standards or prevent irreparable harm.

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.
   This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically (including via PDF or digital signature platform) are binding.

7. Notices.
   All Notices under this Addendum must be in writing and delivered in accordance with the Notice provisions of the Lease; provided, however, Tenant may deliver emergency Notices by telephone or electronic means, followed by written confirmation within 24 hours.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – include if required by local practice]

[// GUIDANCE:
1. Attach exhibits (e.g., prior mold event descriptions, clearance reports) as referenced.
2. Confirm that any rent abatement or relocation assistance complies with current NH regulations and municipal ordinances.
3. Reconcile Section VI (Default & Remedies) with parallel provisions in the main Lease to avoid inconsistency.
4. Review insurance section with client’s broker to ensure coverage limits align with indemnification obligations.
]