New Mexico Residential Mold and Moisture Addendum

NEW MEXICO MOLD AND MOISTURE REPORTING ADDENDUM

This Addendum supplements the identified residential lease. It does not
predetermine causation, waive statutory duties or remedies, create a mold-
specific eviction ground, or replace a notice required by current law.

1. Document control

2. Property and law gate

Attach all required official forms, inspection reports, orders, and
accommodation instructions. This Addendum states no universal New Mexico mold
clearance level, contractor credential, humidity percentage, or ten-square-foot
self-help threshold.

3. Existing information

Owner disclosure record

Owner records only information actually known after reasonable review. This is
not an absolute mold-free warranty.

Resident observation at delivery

Resident may record visible conditions without admitting causation, waiving a
right, or accepting the premises as legally compliant:

[____________________________________________________________]

[____________________________________________________________]

4. Reporting and lawful access

Resident report

Resident should promptly report suspected mold, water intrusion, leaks,
flooding, persistent condensation, or ventilation problems and provide the
location, date observed, photographs, and known urgency. This Addendum creates
no fixed 24-hour reporting deadline and a report is not an admission of fault.

Owner acknowledgment

Owner will document the report, provide a response contact, and determine the
inspection, notice, repair, safety, and follow-up required by the lease and law.
This Addendum creates no automatic two-business-day inspection or five-day plan
deadline.

Entry

Unless the parties lawfully agree otherwise, NMSA 1978, § 47-8-24(A)(1)
generally requires 24 hours' written notice stating the intent and purpose,
date, and reasonable estimated time frame. Section 47-8-24(A)(2) supplies
exceptions for repairs or services within seven days after a resident request
and specified accompanied inspections or utility visits. Subsection (B)
permits entry without consent in an emergency. Apply the complete current
section to the actual entry.

5. Inspection and response record

No signature certifies mold causation, health effects, remediation success, or
future absence. Use qualified professionals appropriate to the actual task and
any credential required by current law.

Written safety instructions should address containment, belongings,
preparation, re-entry, children, older adults, disabilities, respiratory
conditions, pregnancy, pets, language access, and a contact for questions.
Resident is not required by this Addendum to perform unsafe work, apply
chemicals, demolish materials, or discard property.

Temporary arrangements

This Addendum does not promise or waive relocation, lodging, rent reduction,
abatement, or other relief. Record any arrangement separately after checking
the lease, current law, program rules, insurance, habitability, and
accommodation duties:

[____________________________________________________________]

6. Responsibility and costs

NMSA 1978, § 47-8-20 states owner duties tied to applicable housing codes,
safe premises, common areas, repairs, and supplied facilities. Section
47-8-22 separately states resident duties concerning cleanliness, waste,
reasonable use, and deliberate or negligent damage. Neither section makes a
report, vendor opinion, housekeeping observation, or recurrence an automatic
finding of causation.

This Addendum does not automatically:

• charge inspection, remediation, property, relocation, or follow-up costs;
• convert a charge into rent or authorize a deduction from rent;
• require either party to indemnify or defend the other;
• exclude consequential, personal-injury, punitive, or other damages;
• cap liability at actual damages;
• excuse delay through force majeure;
• authorize self-help, repair-and-deduct, or rent withholding; or
• establish an injunction, arbitration rule, jury waiver, or exclusive forum.

Any responsibility or cost allocation must rest on nonwaivable law, the lease,
the facts, and a separately supported agreement or decision.

7. Statutory notices and remedies remain separate

Resident remedies

NMSA 1978, §§ 47-8-27.1 and 47-8-27.2 contain distinct written-notice,
opportunity-to-remedy, termination, damages, and rent-abatement routes for
qualifying owner breaches. A maintenance report under this Addendum is not
automatically the statutory notice or election required for any remedy.
Before acting, identify the exact subsection, required contents, receipt date,
seven-day computation, condition of the dwelling, occupancy, and cure facts.

Owner remedies

NMSA 1978, § 47-8-33 governs owner relief for qualifying resident
noncompliance. This Addendum does not replace the section's written notice or
make every delayed report, access dispute, cleanliness issue, or recurrence a
material breach. Apply the statutory initial/subsequent-breach structure,
facts, dates, cure, accommodation, causation, and current notice requirements.

Nonwaiver

NMSA 1978, § 47-8-16 bars a rental agreement from providing that the owner or
resident waives or foregoes legal rights or remedies. If this Addendum
conflicts with nonwaivable law, the law controls.

Litigation fees and costs

If an applicant or party brings suit to enforce the rental agreement or the
Uniform Owner-Resident Relations Act, NMSA 1978, § 47-8-48(A) entitles the
prevailing party to reasonable attorneys' fees and court costs assessed by the
court. This Addendum does not predetermine the prevailing party or create a
separate fee right.

Local and program overlays

Counsel must separately check current local housing and health codes, rent
regulation, public or subsidized housing rules, retaliation protections,
insurance, disability accommodation, and any agency or court order. This
statewide Addendum does not state that one local mold rule applies throughout
New Mexico.

8. Execution

A signature confirms receipt and the factual entries made by that signer. It
does not waive rights, admit causation, guarantee a mold-free condition, accept
the premises as legally compliant, approve unsafe instructions, or certify
that response work succeeded.

Attachments: [PHOTOGRAPHS / REPORT / WORK PLAN / SAFETY INSTRUCTIONS /
LOCAL FORM / ACCOMMODATION / OTHER]