MOLD DISCLOSURE & REMEDIATION ADDENDUM

(to Residential Lease Agreement)

[// GUIDANCE: Attach this Addendum to the underlying Residential Lease Agreement (the “Lease”). Insert all bracketed placeholders with deal-specific information before execution.]

I. DOCUMENT HEADER

This Mold Disclosure & Remediation Addendum (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”); and
2. [TENANT LEGAL NAME] (“Tenant” and, together with Landlord, the “Parties”).

This Addendum pertains to the residential real property commonly known as [PREMISES STREET ADDRESS], located in the County of [COUNTY], State of Oklahoma (the “Premises”).

Recitals

A. Landlord and Tenant have entered into the Lease dated [LEASE DATE] for the Premises.
B. Oklahoma law, including the Oklahoma Residential Landlord and Tenant Act, 41 O.S. § 101 et seq. (the “Act”), requires that landlords provide a habitable dwelling and disclose known environmental conditions that materially affect health or safety.
C. Mold and excessive indoor moisture can present serious health and property risks if not promptly identified and remediated.
D. The Parties desire to allocate responsibility for mold prevention, remediation, disclosure, and related liabilities in accordance with the Act and good property-management practice.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.

TABLE OF CONTENTS

1. Definitions
2. Representations & Warranties
3. Covenants & Obligations
4. Inspections, Notice & Remediation Procedures
5. Allocation of Risk; Indemnification; Limitation of Liability
6. Default; Remedies
7. Dispute Resolution; Governing Law
8. General Provisions
9. Execution Blocks

1. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below. All capitalized terms not defined herein shall have the meanings assigned in the Lease.

“Actual Damages” means direct, out-of-pocket damages proven with reasonable specificity, but expressly excludes consequential, incidental, special, punitive, or exemplary damages.

“Elevated Moisture Condition” means the presence of water, moisture, or humidity indoors at levels sufficient to promote Mold Growth, as reasonably determined by a Qualified Inspector.

“Mold” means any microscopic fungi, molds, mildew, spores, fragments, or other fungal organisms.

“Mold Growth” means visible mold colonies or detectable mold odors as reasonably confirmed by a Qualified Inspector.

“Qualified Inspector” means an individual or entity licensed (or, if licensing is not available in Oklahoma, certified) to perform mold assessment and remediation in residential properties and carrying not less than $1,000,000 in professional liability insurance.

“Remediation” or “Remediate” means the process of assessing, cleaning, removing, treating, or otherwise addressing Mold Growth and the underlying cause(s) in accordance with current industry standards (e.g., ANSI/IICRC S520).

2. REPRESENTATIONS & WARRANTIES

2.1 Landlord’s Representations. Landlord represents to Tenant that, to Landlord’s actual knowledge as of the Effective Date:
(a) Landlord has no written notice from any governmental authority of existing Mold Growth at the Premises that has not been Remediated; and
(b) Landlord has not undertaken any prior Mold Remediation at the Premises within the past [___] months except as disclosed in Schedule 2.1 (attach if applicable).

2.2 Tenant’s Reliance. Tenant acknowledges that it has inspected, or had the opportunity to inspect, the Premises prior to possession and relies on its inspection and on Landlord’s representations herein.

2.3 Survival. The representations and warranties of each Party shall survive the termination or expiration of the Lease for a period of twelve (12) months.

3. COVENANTS & OBLIGATIONS

3.1 Landlord’s Obligations.
(a) Habitability. Landlord shall maintain the Premises in a condition fit for human habitation as required by 41 O.S. § 118, which includes preventing and addressing Elevated Moisture Conditions that may lead to Mold Growth.
(b) Preventive Maintenance. Landlord shall:
(i) ensure functioning HVAC systems capable of controlling humidity;
(ii) repair known plumbing leaks within a commercially reasonable time; and
(iii) upon written notice from Tenant of suspected Mold Growth, promptly conduct an inspection under Section 4.

3.2 Tenant’s Obligations. Tenant shall:
(a) maintain the Premises in a clean and sanitary condition;
(b) operate bathroom and kitchen exhaust fans, air-conditioning, and dehumidifiers (if provided) to limit indoor humidity below 60%;
(c) promptly (and in any event within 24 hours) provide written notice to Landlord of water intrusion, leak, flooding, or visible Mold Growth;
(d) refrain from tampering with or disabling ventilation or moisture-control systems; and
(e) ensure that Tenant-installed aquariums, houseplants, or similar items do not create Elevated Moisture Conditions.

4. INSPECTIONS, NOTICE & REMEDIATION PROCEDURES

4.1 Tenant Notice. Any notice of suspected Mold shall be delivered in writing as provided in the Lease and must specify the location and nature of the condition.

4.2 Landlord Inspection. Within five (5) business days after receipt of Tenant’s notice—or sooner if reasonably required to prevent material harm—Landlord shall visually inspect the reported area and, if warranted, engage a Qualified Inspector.

4.3 Remediation Plan. If Mold Growth is confirmed:
(a) Landlord shall, within three (3) business days, provide Tenant a written Remediation Plan identifying: (i) scope of work; (ii) estimated timeline; and (iii) temporary relocation requirements, if any.
(b) Tenant shall provide reasonable access to the Premises for Remediation during normal business hours.

4.4 Temporary Relocation. If Relocation is required by a governmental authority or Qualified Inspector, Landlord shall, at Landlord’s option:
(i) provide comparable alternate housing at Landlord’s expense; or
(ii) abate rent in proportion to the portion of the Premises rendered unusable.

4.5 Completion & Clearance. Upon completion, Landlord shall obtain a clearance report from the Qualified Inspector confirming that Mold Growth has been Remediated and any underlying Elevated Moisture Condition corrected.

5. ALLOCATION OF RISK; INDEMNIFICATION; LIMITATION OF LIABILITY

5.1 Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against all claims, demands, suits, and liabilities (including reasonable attorneys’ fees) arising from Mold Growth caused solely by Tenant’s negligence, misconduct, or material breach of Section 3.2.

5.2 Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, demands, suits, and liabilities (including reasonable attorneys’ fees) attributable to Landlord’s failure to comply with Sections 3.1 or 4, except to the extent caused by Tenant.

5.3 Limitation of Liability. Subject to any non-waivable rights under the Act, the Parties’ aggregate liability under this Addendum shall be limited to Actual Damages.

6. DEFAULT; REMEDIES

6.1 Tenant Default. Any failure by Tenant to (i) provide required notice under Section 3.2(c) or (ii) grant access for inspection or Remediation under Section 4, after one (1) written notice and a three-day cure period, shall constitute a lease default subject to the remedies set forth in the Lease.

6.2 Landlord Default. If Landlord fails to commence Remediation within the timeframe in Section 4.3 or fails to provide alternate housing/rent abatement under Section 4.4, Tenant may pursue the remedies available under the Act, including injunctive relief or termination of the Lease.

6.3 Attorney Fees. The substantially prevailing Party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and costs, as permitted by 41 O.S. § 115.

7. DISPUTE RESOLUTION; GOVERNING LAW

7.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to conflicts of law principles.

7.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the Housing Division of the District Court of [COUNTY], State of Oklahoma (the “Court”) for all actions arising out of or relating to this Addendum.

7.3 Arbitration Excluded. The Parties expressly opt out of any mandatory arbitration.

7.4 Jury Trial. Nothing herein shall be construed as a waiver of any Party’s constitutional right to trial by jury.

7.5 Injunctive Relief. Either Party may seek injunctive or equitable relief from the Court to preserve or restore habitability, without posting bond to the extent permitted by law.

8. GENERAL PROVISIONS

8.1 Integration. This Addendum and the Lease constitute the entire agreement with respect to mold disclosure and remediation and supersede all prior negotiations or agreements on that subject.

8.2 Amendment & Waiver. No amendment or waiver shall be effective unless in writing signed by both Parties. Waiver of any breach shall not be deemed waiver of any other or subsequent breach.

8.3 Assignment. Tenant may not assign, sublet, or transfer its interest in the Premises without Landlord’s prior written consent, except as otherwise allowed in the Lease.

8.4 Severability. If any provision of this Addendum is held unenforceable, the remainder shall be enforced to the fullest extent permitted by law.

8.5 Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which is an original and all of which together constitute one instrument. Signatures delivered electronically shall be deemed original.

9. EXECUTION BLOCKS

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. ---

   [TENANT NAME]
   Date: ______

2. ---

   [TENANT NAME, if multiple]
   Date: ______

[// GUIDANCE: Notarization is not required for enforceability in Oklahoma residential leases; however, some lenders or property managers may prefer notarization. Insert a notary block if desired.]