Residential Lease Addenda - Mold Disclosure - Nevada

RESIDENTIAL LEASE ADDENDUM

Mold Disclosure, Prevention, and Remediation

State of Nevada

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties. This Residential Lease Addendum – Mold Disclosure (“Addendum”) is entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between
(a) [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL] (“Landlord”), and
(b) [TENANT(S) LEGAL NAME(S)] (“Tenant,” whether one or more).

1.2 Premises. The real property and improvements located at [PROPERTY ADDRESS], Nevada (“Premises”), as further described in the Master Lease.

1.3 Consideration. In consideration of the mutual covenants set forth herein, and as a material inducement to enter into or continue the Master Lease, the Parties agree as follows.

1.4 Governing Jurisdiction. This Addendum is governed by, and shall be construed in accordance with, the laws of the State of Nevada, including without limitation NRS Ch. 118A (Landlord-Tenant: Dwellings).

2. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Terms not defined herein have the meanings ascribed in the Master Lease.

“Actual Damages” means documented losses caused by a breach, to the extent recoverable under applicable law. This definition does not limit a statutory remedy.

“Elevated Mold Condition” means visible mold, persistent water intrusion, or another mold or moisture condition identified by either Party or a qualified indoor environmental professional as needing assessment or remediation.

“Habitability Standards” means the minimum conditions required for residential premises under NRS 118A.290 and any applicable local housing codes.

“Mold” means fungal growth, including mold and mildew and associated spores, on building materials or furnishings.

“Remediation” means the process of assessment, containment, removal, cleaning, and verification of Mold under the agreed written protocol and applicable law.

3. OPERATIVE PROVISIONS

3.1 Initial Landlord Disclosure.
(a) Known Conditions. Landlord hereby discloses that, to Landlord’s actual knowledge as of the Effective Date, [SELECT ONE: (i) no Elevated Mold Condition exists at the Premises; OR (ii) the following areas are subject to an Elevated Mold Condition: ____________].
(b) Prior Remediation. If Landlord claims prior Remediation, complete: date [DATE], contractor [CONTRACTOR], areas treated [AREAS], and ☐ clearance report attached as Exhibit A ☐ no clearance report available. This disclosure does not replace any current work required by law or this Addendum.

3.2 Tenant Pre-Occupancy Inspection. Tenant acknowledges that Tenant has been afforded an opportunity to visually inspect the Premises prior to occupancy and has [SELECT ONE: (i) not observed Mold; OR (ii) observed Mold in the following areas: ____________].

3.3 Prevention Obligations.
3.3.1 Landlord shall:
(i) maintain structural elements, roofing, plumbing, and HVAC systems in good repair to prevent water intrusion or chronic moisture;
(ii) address written notice of a material habitability failure in accordance with NRS 118A.355(1), including its 14-day remedy or best-efforts period where applicable; and
(iii) deliver the Premises in compliance with Habitability Standards.
3.3.2 Tenant shall:
(i) keep the Premises reasonably clean and dry;
(ii) promptly (within 24 hours where practicable) notify Landlord in writing of any water intrusion, moisture accumulation, or visible Mold;
(iii) use bathroom and kitchen ventilation; keep thermostat and HVAC settings consistent with manufacturer recommendations;
(iv) refrain from tampering with HVAC drains, filters, or ventilation systems; and
(v) avoid introducing materials or activities that foster Mold growth (e.g., unvented combustion, aquariums without proper containment).

3.4 Remediation Procedures.
(a) Upon written notice of an Elevated Mold Condition, Landlord shall, within a reasonable time not to exceed five (5) business days, engage a qualified indoor environmental professional to assess the condition and, if necessary, prepare a written remediation protocol. This contractual assessment target does not extend Landlord’s duties under NRS 118A.355.
(b) Tenant shall provide reasonable access for assessment and Remediation upon notice and at times permitted by Nevada law.
(c) Landlord shall bear costs of work that is Landlord’s duty under NRS 118A.290(1). Landlord may charge Tenant only for work made necessary by a condition caused by Tenant’s deliberate or negligent act or omission, or by a person identified in NRS 118A.290(5), and only as Nevada law permits. A charge under NRS 118A.440 requires its own notice, opportunity to comply, work, and itemized billing steps.

3.5 Relocation or Rent Abatement. If Remediation requires Tenant’s temporary relocation for more than forty-eight (48) hours, Landlord shall, at Landlord’s option, either (i) provide comparable temporary housing at Landlord’s expense, or (ii) abate Rent on a prorated daily basis until Tenant can safely return. This additional contractual benefit does not reduce any remedy available under Nevada law.

3.6 Right to Terminate. If a material habitability failure persists after Tenant gives the written notice required by NRS 118A.355 and Landlord does not remedy it or make the reasonable effort required within the statutory period, Tenant may exercise the termination and other remedies available under that section, subject to its conditions and exceptions. The Parties do not extend the statutory period by this Addendum.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual. Each Party represents that it has full right, power, and authority to enter into this Addendum.

4.2 Landlord Special Warranty. Landlord warrants that, at delivery of possession, the Premises comply with Habitability Standards and that any known pre-existing Elevated Mold Condition identified in Section 3.1 has been disclosed or remediated as stated there. Landlord’s continuing duties under NRS 118A.290 are unaffected by the date of this warranty.

4.3 Nonwaiver. Nothing in this Addendum waives Tenant’s rights or Landlord’s duties under NRS Chapter 118A.

5. COVENANTS & RESTRICTIONS

5.1 Continuous Compliance. Tenant covenants to comply with Section 3.3.2 throughout the term. Material breach constitutes an Event of Default.

5.2 Alterations. Tenant shall not alter HVAC, plumbing, or other moisture-control systems without prior written consent from Landlord.

5.3 Prohibited Conduct. Tenant shall not apply paint or wall coverings over visible Mold or moisture stains.

6. DEFAULT & REMEDIES

6.1 Events of Default. A material failure to perform a Tenant obligation under Sections 3.3.2 or 3.4(b) may constitute a breach, subject to the notices and remedies required by Nevada law.

6.2 Notice & Cure. A notice seeking termination for a remediable Tenant breach must comply with NRS 118A.430(1), including the five-day opportunity to remedy or use best efforts after receipt. If Landlord seeks to perform remedial work and charge Tenant under NRS 118A.440, Landlord must follow that section’s separate written notice and 14-day compliance rule, subject to its emergency provision.

6.3 Remedies. Subject to applicable Nevada law, Landlord may:
(i) perform work and submit an itemized bill only when NRS 118A.440 permits it;
(ii) recover Actual Damages incurred;
(iii) pursue lawful eviction in a court with subject-matter jurisdiction and venue; and
(iv) seek injunctive relief as provided in Section 8.3.

6.4 Attorneys’ Fees. This Addendum creates no automatic prevailing-party fee right. Any fee request requires a separately verified contract, statute, rule, or other applicable authority.

7. RISK ALLOCATION

7.1 Indemnification. Tenant is responsible for third-party claims to the extent caused by Tenant’s deliberate or negligent acts. Tenant does not indemnify Landlord for liability arising under law from an act or omission of Landlord or Landlord’s agent or employee. (NRS 118A.220(1)(d).)

7.2 Statutory Rights. No provision of this Addendum limits Landlord’s liability arising under law or waives a remedy afforded to Tenant by NRS Chapter 118A. (NRS 118A.220.)

7.3 Insurance. Tenant may consider renters’ insurance for covered personal property loss and should review the policy’s terms and exclusions.

7.4 Delays Beyond Control. The Parties shall promptly communicate about events beyond their control that affect Remediation. This clause does not extend a statutory deadline or reduce a statutory remedy.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by the laws of the State of Nevada without regard to conflict-of-law principles.

8.2 Court and Venue. NRS 118A.070 defines the Chapter 118A court as the district court, Justice Court, or other court of competent jurisdiction in the county or township where the Premises are located. This Addendum does not create a statewide Nevada housing court or override mandatory jurisdiction and venue rules.

8.3 Injunctive Relief. Either Party may seek temporary, preliminary, or permanent injunctive relief to enforce Habitability Standards or to abate an Elevated Mold Condition.

8.4 Jury Trial. Nothing herein shall be construed as a waiver of the constitutional right to a trial by jury.

8.5 Arbitration. The Parties expressly exclude arbitration.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver is effective unless in writing and signed by both Parties.

9.2 Assignment. Tenant may not assign the Master Lease or this Addendum without Landlord’s prior written consent, except as otherwise provided by law.

9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is invalid or unenforceable, the remainder shall remain effective to the extent permitted by law. The Parties request enforcement of any valid portion.

9.5 Integration. This Addendum and the Master Lease constitute the entire agreement regarding Mold and supersede all prior or contemporaneous understandings on that subject.

9.6 Counterparts & Electronic Signatures. The Parties may sign counterparts and agree to use electronic signatures to the extent permitted by applicable law.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Addendum as of the Effective Date.

Landlord:
__________________________________
[LANDLORD LEGAL NAME]
By: _______________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________

Tenant(s):

1. __________________________________ Date: __________
   [TENANT LEGAL NAME]

2. __________________________________ Date: __________
   [TENANT LEGAL NAME]