MOLD DISCLOSURE & PREVENTION ADDENDUM
(To Residential Lease Agreement – State of New Mexico)
[// GUIDANCE: This template is intended to be attached to and made a part of an existing residential lease. Confirm that the lease permits incorporation of additional addenda and that signature blocks are consistent across documents.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
1.1 Title; Parties. This Mold Disclosure & Prevention Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] by and between [LANDLORD LEGAL NAME], (“Landlord”) and [TENANT LEGAL NAME(S)], jointly and severally (“Resident”).
1.2 Premises. The Premises subject to this Addendum is the residential dwelling located at [STREET ADDRESS, UNIT #, CITY, COUNTY, NM ZIP] (the “Premises”).
1.3 Integration. This Addendum is incorporated into and made part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”). Except as expressly amended herein, the Lease remains in full force and effect.
1.4 Purpose. In compliance with New Mexico’s implied warranty of habitability (see, e.g., NMSA 1978, § 47-8-20) and applicable environmental health guidance, the parties desire to:
(a) disclose any known mold or moisture conditions;
(b) allocate responsibility for prevention, detection, and remediation of mold; and
(c) establish procedures to protect the health and safety of occupants and preserve the habitability of the Premises.
II. DEFINITIONS
For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below:
“Actual Damages” – Direct, out-of-pocket damages proven in fact and caused by a breach of this Addendum, excluding consequential, special, punitive, or exemplary damages.
“Authorized Remediation Contractor” – A contractor duly licensed (if licensure is required) or otherwise qualified under applicable New Mexico law and industry standards (e.g., ANSI/IICRC S520) to perform mold assessment and remediation services.
“Habitability Standards” – The minimum standards for safe, sanitary, and fit housing imposed under the New Mexico Uniform Owner-Resident Relations Act and any applicable county or municipal housing codes.
“Moisture Condition” – The presence of water intrusion, excessive humidity, condensation, plumbing leaks, roof leaks, or other sources of moisture that can support mold growth.
“Mold” – Any species of microscopic fungi or mold spores capable of growing in indoor environments when sufficient moisture is present.
“Remediation” – Actions taken to assess, contain, remove, clean, and dispose of mold-impacted materials, and to correct underlying Moisture Conditions, in accordance with industry standards.
“Resident-Caused Condition” – A condition resulting from Resident’s acts or omissions, including but not limited to failure to maintain reasonable cleanliness, misuse of plumbing/HVAC systems, or failure to report leaks or water damage in a timely manner.
III. OPERATIVE PROVISIONS
3.1 Disclosure by Landlord.
(a) Known Mold. Landlord [check one] ☐ is not aware of, or ☐ has knowledge of, existing Mold or Moisture Conditions in or about the Premises as described in Exhibit A attached hereto.
(b) Prior Remediation. Landlord [check one] ☐ has not performed, or ☐ has performed, prior mold remediation at the Premises within the past twelve (12) months, details of which are provided in Exhibit B.
3.2 Condition at Commencement. Resident acknowledges that Resident has inspected the Premises (or had the opportunity to do so) and [check one] ☐ found no visible Mold or Moisture Conditions, or ☐ observed the conditions listed on the move-in inspection report dated [DATE].
3.3 Habitability Commitment. Landlord shall deliver and maintain the Premises in a condition compliant with Habitability Standards, which include keeping structural elements watertight and utility systems in good repair.
3.4 Prevention Obligations.
(a) Landlord Obligations. Landlord shall:
(i) maintain roofs, exterior walls, windows, doors, and plumbing in good repair;
(ii) ensure that HVAC and exhaust systems are functional and able to control relative humidity below 60%; and
(iii) upon notice, promptly investigate and correct Moisture Conditions.
(b) Resident Obligations. Resident shall:
(i) keep the Premises clean, dry, and well-ventilated, including use of bathroom and kitchen exhaust fans;
(ii) promptly (within twenty-four (24) hours) notify Landlord in writing of any leaks, flooding, condensation, or visible Mold;
(iii) avoid blocking HVAC returns/supply vents and refrain from tampering with dehumidifiers or exhaust systems;
(iv) promptly dry spills and maintain indoor plants or aquariums in a manner that prevents excess moisture; and
(v) comply with any reasonable written moisture-control guidelines provided by Landlord.
3.5 Access for Inspection and Remediation. Upon at least twenty-four (24) hours’ notice (or shorter in case of emergency), Resident shall provide Landlord and its agents access to the Premises to inspect, test, or perform Remediation. Resident’s failure to provide reasonable access constitutes a material breach of this Addendum and the Lease.
3.6 Remediation Procedure.
(a) Initial Response. Within two (2) business days after receipt of Resident’s written notice of suspected Mold or Moisture Condition, Landlord shall visually inspect and, if warranted, employ an Authorized Remediation Contractor to assess the condition.
(b) Action Plan. If Mold is confirmed, Landlord shall deliver to Resident a written remediation plan and estimated timeline within five (5) business days of confirmation.
(c) Temporary Relocation. If recommended by the Authorized Remediation Contractor and required by law, Landlord shall offer Resident either temporary relocation at comparable accommodations or a proportionate rent abatement during the remediation period.
(d) Completion & Clearance. Remediation shall be deemed complete when an Authorized Remediation Contractor provides written certification that the Premises meets industry clearance criteria. Landlord shall furnish a copy of such certification to Resident.
3.7 No Rent Offset Without Compliance. Resident may not withhold rent or repair-and-deduct for Mold unless Resident has strictly complied with statutory notice requirements and Landlord has failed to act within timeframes mandated by law.
IV. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full authority and capacity to enter into this Addendum and perform its obligations hereunder.
4.2 Landlord’s Limited Warranty. Landlord warrants that, to Landlord’s actual knowledge as of the Effective Date, no portion of the Premises contains visible Mold or Moisture Conditions other than as disclosed in Section 3.1. This warranty does not extend to conditions arising after the Effective Date that are caused by Resident or third parties.
4.3 Resident’s Reliance. Resident warrants that Resident has not relied on any statements or representations concerning Mold or the environmental condition of the Premises except as expressly contained in this Addendum and the Lease.
4.4 Survival. The representations and warranties contained in this Section IV shall survive termination or expiration of the Lease for a period of one (1) year.
V. COVENANTS & RESTRICTIONS
5.1 Compliance Covenant. Each party shall comply with all applicable federal, state, and local laws, regulations, and ordinances relating to Mold, indoor air quality, and habitability standards.
5.2 Prohibition on Unapproved Remediation. Resident shall not undertake self-help demolition or remediation involving demolition, chemical agents, or structural alterations without Landlord’s prior written consent, except to clean minor surface mold (less than ten (10) square feet) with household cleaning solution.
5.3 Notification & Cooperation. Resident shall cooperate with all reasonable requests from Landlord or an Authorized Remediation Contractor, including temporary evacuation of affected areas.
VI. DEFAULT & REMEDIES
6.1 Resident Default. The following constitute Resident defaults under this Addendum:
(a) failure to provide timely notice of Mold or Moisture Conditions;
(b) denial of reasonable access for inspection or Remediation;
(c) creation or exacerbation of Mold through negligence or willful misconduct; or
(d) violation of Section 5.2.
6.2 Landlord Default. Landlord shall be in default if Landlord fails to comply with Section 3.6 within the stated timeframes without reasonable justification.
6.3 Cure Periods.
(a) Resident. Landlord shall provide written notice of default and allow Resident three (3) days to cure non-monetary defaults and the statutory period for monetary defaults.
(b) Landlord. Resident shall provide written notice of default and allow Landlord seven (7) days to commence cure and diligently pursue completion, subject to force majeure.
6.4 Remedies.
(a) Landlord Remedies. In addition to any remedy under the Lease or applicable law, Landlord may recover Actual Damages, terminate the Lease, and seek injunctive relief to gain access for Remediation.
(b) Resident Remedies. Resident may pursue the remedies set forth in the New Mexico Uniform Owner-Resident Relations Act, including termination of the Lease if Landlord materially breaches habitability obligations, and recovery of Actual Damages.
(c) Attorneys’ Fees. The prevailing party in any action to enforce this Addendum shall be entitled to reasonable attorneys’ fees and court costs as permitted by law.
VII. RISK ALLOCATION
7.1 Indemnification.
(a) By Resident. Resident shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against all claims, liabilities, and Actual Damages arising from Resident-Caused Conditions, except to the extent caused by Landlord’s gross negligence or willful misconduct.
(b) By Landlord. Landlord shall indemnify, defend, and hold harmless Resident from and against all claims, liabilities, and Actual Damages arising from Landlord’s breach of this Addendum or gross negligence.
7.2 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, AND EACH PARTY’S TOTAL LIABILITY SHALL BE LIMITED TO ACTUAL DAMAGES, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW. Nothing herein limits liability for personal injury caused by a party’s negligence.
7.3 Insurance. Landlord shall maintain property insurance covering the structure of the Premises. Resident is strongly encouraged to obtain renter’s insurance covering personal property and liability for Resident-Caused Conditions. [// GUIDANCE: Insert minimum liability limits if required by the primary lease.]
7.4 Force Majeure. Neither party shall be liable for delays in performance (other than monetary obligations) due to causes beyond its reasonable control, such as Acts of God, severe weather, governmental orders, or labor strikes. Obligations shall resume once the force majeure event ceases.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by the internal laws of the State of New Mexico, including the New Mexico Uniform Owner-Resident Relations Act, without regard to conflict-of-law rules.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the state housing court of [COUNTY] County, New Mexico (or such successor court with subject-matter jurisdiction).
8.3 Arbitration Excluded. The parties expressly agree that disputes under this Addendum shall not be subject to binding arbitration unless mutually agreed in a separate writing executed after the dispute arises.
8.4 Jury Trial Preservation. NOTHING IN THIS ADDENDUM SHALL BE CONSTRUED AS A WAIVER OF ANY PARTY’S CONSTITUTIONAL RIGHT TO A TRIAL BY JURY.
8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or to prevent imminent harm to persons or property.
IX. GENERAL PROVISIONS
9.1 Amendment; Waiver. No modification or waiver of any provision of this Addendum is effective unless in writing and signed by both parties. Waiver of a breach shall not be deemed a waiver of any subsequent breach.
9.2 Assignment & Delegation. Resident may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted by applicable law.
9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, legal representatives, successors, and permitted assigns.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the maximum extent permissible to effectuate the parties’ intent.
9.5 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.
9.6 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 or by facsimile shall be deemed valid and binding.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum to be effective as of the Effective Date first written above.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ______
Name: [PRINTED NAME]
Title: [TITLE, if applicable]
Date: __________
RESIDENT(S):
-
[TENANT NAME]
Date: _________ -
[TENANT NAME]
Date: _________
[// GUIDANCE: Add additional signature lines as needed for all adult occupants.]
NOTARY ACKNOWLEDGMENT (if required under primary lease or local ordinance)
State of New Mexico )
County of [COUNTY] )
On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ______, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ______
EXHIBIT A
Landlord’s Disclosure of Known Mold or Moisture Conditions
[INSERT DETAILS OR “None”]
EXHIBIT B
Summary of Prior Remediation Activities
[INSERT DETAILS OR “None”]