MOLD DISCLOSURE & PREVENTION ADDENDUM

to Residential Lease Agreement – State of New Jersey

[// GUIDANCE: Attach this Addendum to every New Jersey residential lease where mold could be an issue. Insert all bracketed placeholders and remove guidance comments prior to execution.]

DOCUMENT HEADER

Addendum Date: [EFFECTIVE DATE]
Landlord: [LANDLORD LEGAL NAME] (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)] (“Tenant”)
Premises: [STREET ADDRESS, CITY, NJ ZIP] (the “Premises”)
Master Lease: Residential Lease Agreement dated [LEASE DATE] (the “Lease”)

Recitals
A. The parties wish to supplement the Lease to comply with New Jersey health & habitability standards regarding mold disclosure, prevention, and remediation.
B. The obligations herein are in addition to, and not in limitation of, the Lease and applicable landlord-tenant law.

TABLE OF CONTENTS

I. Definitions
II. Mold Disclosure
III. Representations & Warranties
IV. Covenants & Preventive Obligations
V. Inspection, Notice & Access
VI. Remediation Procedures
VII. Default & Remedies
VIII. Risk Allocation
IX. Dispute Resolution
X. General Provisions
XI. Execution

I. DEFINITIONS

1. “Actual Damages” – Direct, out-of-pocket costs proven by documentary evidence; excludes consequential, punitive, or speculative damages.
2. “Habitability Standards” – Minimum health/safety requirements imposed by NJ statutes, regulations, municipal codes, and common law.
3. “Moisture Condition” – Any water intrusion, leak, condensation, or humidity sufficient to foster microbial growth.
4. “Mold” – Microscopic fungi, mildew, bio-aerosol, or microbial growth—visible or airborne.
5. “Remediation” – Assessment, containment, removal, cleaning, and disposal of Mold in accordance with ANSI/IICRC S520 (or successor standard).
6. “Visible Mold” – Mold observable without specialized instrumentation.

II. MOLD DISCLOSURE

1. Known Conditions
   a. Present Mold: [☐ None Known ☐ As detailed in Exhibit A].
   b. Prior Remediation: [☐ None ☐ As detailed in Exhibit A].

2. Tenant Acknowledgment
   Tenant acknowledges receipt of:
   a. This Addendum;
   b. Any inspection/remediation reports attached hereto; and
   c. The NJ Department of Health publication “Mold Guidelines for New Jersey Residents.”
   Tenant notes the following Visible Mold conditions (if any): ______.

III. REPRESENTATIONS & WARRANTIES

1. Landlord (to Landlord’s actual knowledge):
   a. Premises are free of Visible Mold except as disclosed.
   b. No outstanding governmental notices alleging mold-related habitability violations.
   c. Any prior remediation met then-current industry standards.

2. Tenant
   a. Tenant has inspected or had the opportunity to inspect the Premises.
   b. Tenant is not aware of any medical condition requiring extraordinary mold precautions.

3. Disclaimer
   Except as expressly stated, Landlord provides no other warranties—express or implied—regarding Mold.

IV. COVENANTS & PREVENTIVE OBLIGATIONS

1. Landlord Covenants
   a. Maintain roof, plumbing, HVAC, and structural components to prevent Moisture Conditions.
   b. Respond to Tenant mold/moisture notices under Section V within mandated timeframes.
   c. Retain mold-related maintenance records for four (4) years.

2. Tenant Covenants
   a. Keep Premises clean, dry, and ventilated.
   b. Notify Landlord in writing within forty-eight (48) hours of any Moisture Condition or Visible Mold.
   c. Operate exhaust fans and maintain interior humidity below 60%.
   d. Avoid blocking HVAC vents or condensate drains.

V. INSPECTION, NOTICE & ACCESS

1. Landlord Inspections – 24-hour advance notice (emergency excepted) for mold/moisture inspection or maintenance.
2. Response Schedule
   a. Landlord acknowledges Tenant notice within 24 hours.
   b. Inspection commences within five (5) business days (48 hours if imminent health risk).
   c. Written findings and plan delivered to Tenant within five (5) business days after inspection.

VI. REMEDIATION PROCEDURES

1. Performed by licensed/certified professionals in compliance with ANSI/IICRC S520.
2. Landlord bears cost unless Mold results from Tenant’s breach of Section IV.
3. Temporary Relocation – If remediation displaces Tenant > 48 hours, Landlord shall either:
   a. Provide comparable lodging, or
   b. Abate rent proportionally.
4. Clearance – Post-remediation verification showing mold spore counts at or below outdoor levels; clearance report furnished to Tenant.

VII. DEFAULT & REMEDIES

1. Tenant Defaults – Failure to: comply with Section IV, permit access, or avoid Mold-promoting conduct.
2. Landlord Defaults – Failure to comply with Sections IV–VI affecting habitability.
3. Remedies – Subject to Lease and NJ law, including rent abatement, injunctive relief, repair-and-deduct (where permitted), or eviction.

VIII. RISK ALLOCATION

1. Indemnification
   a. Tenant indemnifies Landlord for Mold claims attributable to Tenant’s breach/negligence.
   b. Landlord indemnifies Tenant for Mold claims attributable to Landlord’s breach/gross negligence.

2. Liability Cap – Each party’s liability limited to Actual Damages; no consequential or punitive damages.

3. Insurance – Each party maintains customary liability insurance for mold-related claims.
4. Force Majeure – Performance excused when prevented by events beyond reasonable control (excludes financial inability).

IX. DISPUTE RESOLUTION

1. Governing Law – State of New Jersey landlord-tenant law.
2. Forum Selection – Exclusive venue in the [COUNTY] Special Civil Part, Landlord-Tenant Section (or other NJ housing court of competent jurisdiction).
3. Arbitration – Expressly excluded.
4. Jury Waiver – None; constitutional right preserved.
5. Injunctive Relief – Either party may seek immediate injunctive relief to enforce habitability or prevent irreparable harm.

X. GENERAL PROVISIONS

1. Amendment/waiver only by written instrument signed by both parties.
2. No assignment by Tenant without Landlord’s consent (except as Lease permits).
3. Successors/assigns bound.
4. Severability; reformation of invalid terms.
5. Integration – This Addendum controls over conflicting Lease provisions on Mold.
6. Counterparts & Electronic Signatures valid under N.J.S.A. 12A:12-1 et seq.

XI. EXECUTION

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

[// GUIDANCE: Notarization is generally unnecessary for NJ residential leases, but attach a jurat if local practice requires.]

EXHIBIT A

(Complete if any Mold conditions or prior remediation exist.)

1. Location of Mold: ______
2. Description of Condition: _____
3. Remediation Performed (dates, contractors, methods): ____
4. Clearance Documentation Attached: ☐ Yes ☐ No

[END OF DOCUMENT]