RESIDENTIAL LEASE ADDENDUM

MOLD DISCLOSURE, PREVENTION, AND REMEDIATION PLAN

State of Ohio

[// GUIDANCE: This Addendum is intended to be attached to and made a part of an existing residential lease (the “Lease”). Replace bracketed placeholders and delete GUIDANCE boxes prior to execution.]

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. Parties.
   This Mold Disclosure, Prevention, and Remediation Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, the “Parties”).

2. Premises.
   The Premises subject to this Addendum are located at [STREET ADDRESS, CITY, OH ZIP] (the “Premises”) and are currently the subject of that certain Residential Lease dated [LEASE DATE] (the “Lease”).

3. Purpose & Consideration.
   (a) Landlord desires to comply with Ohio Revised Code (“ORC”) Chapter 5321 and applicable local housing, health, and safety codes by providing disclosures concerning indoor mold conditions and setting forth preventive and remedial measures.
   (b) Tenant’s execution of this Addendum and continued occupancy of the Premises constitute adequate consideration for this agreement.

4. Incorporation.
   This Addendum is incorporated into and forms a part of the Lease. In the event of a conflict between this Addendum and the Lease concerning mold matters, this Addendum controls.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:

1. “Actual Damages” means direct, out-of-pocket losses proven with reasonable certainty, excluding consequential, special, punitive, or exemplary damages.
2. “Elevated Mold Condition” means visible mold growth in excess of [INSERT AREA THRESHOLD, e.g., 10 SQUARE FEET] or confirmed airborne mold spore counts materially above outdoor ambient levels, as determined by a Qualified Mold Professional.
3. “Notice” means written notice delivered in accordance with Section IX.4 and ORC § 5321.05(A)(4).
4. “Qualified Mold Professional” means a contractor or consultant duly licensed or certified under [REFERENCE APPLICABLE CERTIFICATION STANDARD, e.g., ACAC or IICRC] and acceptable to both Parties, acting reasonably.
5. “Remediation” means a course of action consistent with the most current version of the IICRC S520 Standard and Reference Guide for Professional Mold Remediation.
6. “Water Intrusion Event” means any plumbing leak, roof leak, flooding, condensation, or other source of unwanted moisture within the Premises.

[// GUIDANCE: Add or delete definitions to conform with the Parties’ specific practices.]

III. OPERATIVE PROVISIONS

1. Disclosure of Known Mold Conditions.
   a. Landlord represents that, as of the Effective Date, Landlord [HAS / HAS NOT] received Notice or knowledge of any unabated Elevated Mold Condition within the Premises.
   b. If “HAS” is selected above, Landlord’s disclosure statement is attached as Exhibit A describing location, extent, and remediation status.

2. Condition Precedent to Occupancy.
   Landlord shall, on or before the Commencement Date of the Lease, deliver the Premises free of any known Elevated Mold Condition.

3. Tenant Right to Inspect.
   Tenant may, at Tenant’s sole expense and upon at least 48-hours’ prior Notice to Landlord, engage a Qualified Mold Professional to inspect the Premises prior to move-in. Failure to conduct such inspection constitutes Tenant’s affirmative acceptance of the Premises’ mold condition, subject to Landlord’s continuing obligations under ORC § 5321.04(A).

4. Moisture & Humidity Controls.
   Landlord shall provide functional HVAC equipment capable of maintaining indoor relative humidity below 60% under normal operating conditions.

5. Water Intrusion Reporting.
   Tenant shall promptly, and in all events within 24 hours of discovery, notify Landlord in writing of any Water Intrusion Event or suspected mold growth.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Representations.
   a. Compliance with Law. Landlord is in material compliance with ORC §§ 5321.04 and all applicable local housing codes regarding moisture management.
   b. No Reliance. Landlord has not made any oral representations regarding mold beyond those expressly set forth in this Addendum.

2. Tenant Representations.
   a. Inspection. Tenant has had the opportunity to inspect the Premises and accepts them subject to Landlord’s ongoing statutory obligations.
   b. Performance Capability. Tenant possesses the ability and intent to perform the preventive measures outlined herein.

3. Survival. The warranties in this Section IV survive expiration or termination of the Lease for a period of [12] months.

V. COVENANTS & RESTRICTIONS

1. Landlord Covenants.
   a. Preventive Maintenance. Landlord shall (i) repair roof, window, plumbing, and foundation leaks within commercially reasonable time frames; and (ii) annually service HVAC systems.
   b. Remediation Protocol. Upon receipt of Notice of an Elevated Mold Condition, Landlord shall, within [5] business days, (i) retain a Qualified Mold Professional to inspect and, if necessary, (ii) commence Remediation.

2. Tenant Covenants.
   a. Housekeeping. Tenant shall keep the Premises clean and dry, including regular ventilation of kitchens and bathrooms and the use of exhaust fans where installed.
   b. Humidifiers & Aquariums. Tenant shall not operate humidifiers, aquariums exceeding [X] gallons, or similar moisture-generating devices without Landlord’s prior written consent.
   c. Mold-Promoting Materials. Tenant shall not install carpeting in bathrooms, kitchens, or basements without Landlord’s prior written approval.

3. Access for Inspection/Remediation.
   Tenant grants Landlord and Landlord’s agents reasonable access, upon at least 24-hours’ Notice (or immediately in emergencies), to inspect, sample, or remediate mold conditions, consistent with ORC § 5321.05(B).

VI. DEFAULT & REMEDIES

1. Tenant Default.
   a. Failure to provide timely Notice of Water Intrusion Events;
   b. Obstruction of Landlord’s authorized inspection/remediation efforts; or
   c. Repeated housekeeping violations leading to mold growth
   constitute material breaches under the Lease and permit Landlord to pursue remedies under ORC § 5321.11 after providing a [10]-day cure Notice.

2. Landlord Default.
   Failure to commence Remediation within the periods stated in Section V.1(b) constitutes a material breach. Tenant may (i) apply for injunctive relief under ORC § 5321.09; or (ii) deposit rent with the Clerk of the applicable Housing Court pursuant to ORC § 5321.07, following a [30]-day cure Notice.

3. Attorney Fees.
   The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and costs, except where prohibited by ORC § 5321.15.

VII. RISK ALLOCATION

1. Indemnification.
   a. By Landlord. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, and Actual Damages arising from (i) Landlord’s breach of this Addendum or applicable law; or (ii) negligent failure to remediate an Elevated Mold Condition.
   b. By Tenant. Tenant shall indemnify, defend, and hold harmless Landlord from and against all claims, losses, and Actual Damages arising from (i) Tenant’s violation of Section V.2; or (ii) Tenant-caused Water Intrusion Events.

2. Limitation of Liability.
   Except for (i) personal injury claims arising from gross negligence or willful misconduct, and (ii) statutory remedies that cannot be waived, each Party’s aggregate liability under this Addendum is limited to Actual Damages.

3. Insurance.
   Tenant is encouraged, but not required, to secure renter’s insurance covering mold-related personal property damage. Landlord shall maintain property insurance covering the structure.

4. Force Majeure.
   Neither Party is liable for delays in performing obligations under this Addendum caused by events beyond reasonable control (e.g., regional flooding), provided the affected Party promptly notifies the other and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

1. Governing Law.
   This Addendum is governed by and construed in accordance with the landlord-tenant laws of the State of Ohio, without regard to conflict-of-law principles.

2. Forum Selection.
   Exclusive venue for any action arising hereunder lies in the Housing Division of the [SPECIFY COUNTY] Municipal Court, State of Ohio.

3. Arbitration.
   The Parties expressly disclaim and exclude arbitration of disputes under this Addendum.

4. Jury Trial.
   Each Party retains and does not waive its constitutional right to a trial by jury.

5. Injunctive Relief.
   Nothing herein limits either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations under Ohio law.

IX. GENERAL PROVISIONS

1. Amendment & Waiver.
   No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both Parties. A waiver is effective only for the specific instance and purpose for which it is given.

2. Assignment.
   Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, which shall not be unreasonably withheld.

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

4. Notices.
   All Notices must be (i) in writing; (ii) delivered by hand, certified mail (return receipt requested), or nationally recognized overnight courier; and (iii) addressed to the Parties at the addresses set forth below (or such other address as a Party may designate by Notice).

5. Severability.
   If any provision of this Addendum is held unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent necessary to render it enforceable.

6. Integration.
   This Addendum, together with the Lease and any exhibits hereto, constitutes the entire understanding regarding mold matters and supersedes all prior discussions or agreements on the subject.

7. Counterparts; Electronic Signatures.
   This Addendum may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically (e.g., via PDF or a service compliant with the federal E-SIGN Act) are binding.

X. EXECUTION BLOCK

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

[// GUIDANCE: Notarization is not generally required for residential lease addenda under Ohio law, but local ordinance or lender requirements may differ. Add a notary block if needed.]

Landlord Address for Notices:
[LANDLORD ADDRESS]

Tenant Address for Notices (after Commencement):
[PREMISES ADDRESS]

This Addendum has been drafted to comply with ORC Chapter 5321 and prevailing industry standards (e.g., IICRC S520). Practitioners should verify any additional county or municipal requirements (e.g., City of Cleveland Housing Code) before finalizing.