RESIDENTIAL LEASE ADDENDUM
Mold Disclosure, Prevention, and Remediation
State of Nevada
[// GUIDANCE: This Addendum is intended for attachment to a Nevada residential lease agreement (“Master Lease”). Insert all bracketed placeholders and delete all guidance notes prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- 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 verifiable, out-of-pocket costs and expenses incurred by a Party, exclusive of punitive, exemplary, or consequential damages.
“Elevated Mold Condition” means visible, excessive, or airborne microbial growth that exceeds normal fungal ecology, based on industry-accepted standards (e.g., ANSI/IICRC S520) or testing by a qualified indoor environmental professional.
“Habitability Standards” means the minimum conditions required for residential premises under NRS 118A.290 and any applicable local housing codes.
“Mold” means any microscopic fungus, including mold spores, mildew, yeast, and related byproducts, that may grow on building materials or furnishings when moisture is present.
“Remediation” means the process of assessment, containment, removal, cleaning, and post-remediation verification of Mold in accordance with industry standards 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 (ii) above applies, Landlord represents that Remediation was completed on or about [DATE] by [CONTRACTOR] and a clearance report is attached hereto as Exhibit A.
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) respond to written notice of water leaks, flooding, or mold-related conditions within the statutory period under NRS 118A.355(1); 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 remediation protocol consistent with ANSI/IICRC S520 or its successor.
(b) Tenant shall provide reasonable access for assessment and Remediation.
(c) Landlord shall bear all reasonable costs of Remediation unless the Elevated Mold Condition resulted from Tenant’s breach of Section 3.3.2, in which case Tenant shall reimburse Landlord as Additional Rent, subject to Section 7.2 (Liability Cap).
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 the Premises are certified clear.
3.6 Right to Terminate. If an Elevated Mold Condition materially impairs health or safety and Remediation is not completed within thirty (30) days after notice, Tenant may terminate the Master Lease upon ten (10) days’ written notice without liability for future Rent, provided Tenant vacates and returns possession as required.
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 the time of delivery of possession, the Premises comply with Habitability Standards and that any known pre-existing Mold has been remediated in accordance with Section 3.4. This warranty survives for thirty (30) days following the commencement of the Master Lease.
4.3 Tenant Acknowledgment of Limited Warranty. Tenant acknowledges that Landlord’s obligations regarding Mold are limited to those expressly set forth herein and under applicable law; Landlord makes no implied warranty of condition or habitability beyond such obligations.
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) Failure to provide timely notice of Mold or moisture issues;
(b) Failure to comply with Section 3.3.2 resulting in Mold growth;
(c) Obstruction of assessment or Remediation efforts.
6.2 Notice & Cure. Landlord may serve written notice specifying the default; Tenant shall have three (3) calendar days to cure, or such longer period as required by NRS 118A.430 for health/safety violations.
6.3 Remedies. Subject to applicable Nevada law, Landlord may:
(i) enter the Premises to perform required work and charge Tenant as Additional Rent;
(ii) recover Actual Damages incurred;
(iii) pursue eviction in state housing court; and
(iv) seek injunctive relief as provided in Section 8.3.
6.4 Attorneys’ Fees. The prevailing Party in any action arising from this Addendum is entitled to reasonable attorneys’ fees and costs, as permitted by NRS 118A.150(4).
7. RISK ALLOCATION
7.1 Indemnification. Tenant shall indemnify, defend, and hold Landlord harmless from and against all third-party claims for bodily injury or property damage arising from Tenant’s breach of Section 3.3.2, except to the extent caused by Landlord’s negligence or willful misconduct.
7.2 Limitation of Liability. Each Party’s liability for claims under this Addendum is limited to Actual Damages. Neither Party shall be liable for punitive, consequential, or speculative damages, except where such limitations are prohibited by law.
7.3 Insurance. Tenant is advised to obtain renters’ insurance covering personal property loss or health impacts related to Mold. [// GUIDANCE: Insert minimum coverage requirements if desired.]
7.4 Force Majeure. Delays in Remediation due to events beyond reasonable control (e.g., natural disasters, unavailability of qualified contractors) shall extend performance deadlines for the period of delay, provided the affected Party gives prompt written notice.
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 Forum Selection. Exclusive venue for any action arising hereunder shall be the court of competent jurisdiction sitting as the Nevada housing court for the county in which the Premises are located.
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 in full force, and the court shall reform the provision to the minimum extent necessary to render it enforceable.
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. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures delivered via electronic means (e.g., DocuSign, PDF) shall be deemed original for all purposes.
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]
- ______ Date: __
[TENANT LEGAL NAME]
[// GUIDANCE: Add notarization or witness acknowledgment if required by local practice or your risk management standards.]
[// GUIDANCE: Attach exhibits (e.g., clearance report, remediation protocol) as needed. Confirm compliance with any county- or city-specific disclosure forms.]