Residential Lease Addenda - Mold Disclosure - Oregon

RESIDENTIAL LEASE ADDENDUM — MOLD AND MOISTURE CONDITION, NOTICE, AND RESPONSE

Oregon

TABLE OF CONTENTS

I. Parties and Premises
II. Condition Record
III. Notice and Response Process
IV. Access for Inspection and Work
V. Landlord and Tenant Responsibilities
VI. Oregon Statutory Safeguards
VII. Optional Response Targets
VIII. Communications and Records
IX. Acknowledgments
X. Signatures

I. PARTIES AND PREMISES

Effective date: [__/__/____]

Lease date: [__/__/____]

Landlord / manager: [________________________________]

Tenant(s): [________________________________]

Premises: [________________________________]

This Addendum supplements the residential rental agreement for the Premises. If this Addendum conflicts with a nonwaivable requirement of Oregon law, the law controls.

II. CONDITION RECORD

Complete this section from actual observations. Do not describe a condition as tested, remediated, or safe unless supporting records exist.

Known prior water event, leak, or repair: [________________________________]

Documents delivered with this Addendum:

• ☐ Photographs
• ☐ Inspection or contractor report
• ☐ Repair invoice or work order
• ☐ Moisture-reading record
• ☐ EPA consumer guidance
• ☐ Other: [________________________________]

III. NOTICE AND RESPONSE PROCESS

A. Tenant Notice

Tenant should promptly give Landlord actual written notice of a leak, repeated condensation, visible growth, persistent musty odor, ventilation failure, or other moisture condition. The notice should state:

• Date and time first observed: [________________________________]
• Location and description: [________________________________]
• Immediate safety concern, if any: [________________________________]
• Photographs or records attached: ☐ Yes ☐ No
• Access times offered by Tenant: [________________________________]

B. Landlord Response Record

Landlord will document the response without using this Addendum to narrow duties or remedies imposed by law.

The parties may record voluntary target dates in Section VII. A target date does not replace a statutory notice, cure period, or remedy.

IV. ACCESS FOR INSPECTION AND WORK

Access must follow ORS 90.322 and any applicable local rule:

• An emergency may permit entry without advance notice; an emergency entry made during Tenant's absence requires the statutory follow-up notice.
• A written tenant request for repairs or maintenance may authorize entry without further notice for the limited statutory period and purpose.
• In other cases, the landlord generally must give at least 24 hours' actual notice, enter at a reasonable time, and respect a lawful denial of consent.

Access coordination:

V. LANDLORD AND TENANT RESPONSIBILITIES

A. Landlord

ORS 90.320 requires the Landlord to maintain the dwelling unit in a habitable condition, including the section's waterproofing, plumbing, structural, and landlord-supplied ventilation requirements. This Addendum does not transfer those duties to Tenant.

B. Tenant

ORS 90.325 requires Tenant to use the Premises and supplied facilities reasonably, keep controlled areas clean and sanitary to the extent Tenant is responsible for causing a problem, cooperate reasonably with corrective efforts, and avoid deliberate or negligent damage.

Practical prevention steps may include using supplied ventilation reasonably, promptly reporting leaks or persistent condensation, allowing lawful access, and avoiding conduct that blocks vents or knowingly worsens a moisture condition. These steps do not make Tenant responsible for a condition Tenant did not cause.

VI. OREGON STATUTORY SAFEGUARDS

• No waiver or negligence shift. ORS 90.245 makes prohibited waiver, landlord-negligence liability-limit, and landlord-negligence indemnity terms unenforceable. Nothing here waives a right or remedy under ORS chapter 90.
• Landlord noncompliance. ORS 90.360 supplies fact-dependent written-notice, cure, termination, damages, and injunctive-relief rules. This Addendum does not create a shorter automatic cure period.
• Mold is outside the minor repair-and-deduct procedure. ORS 90.368 expressly excludes mold from that section's definition of a minor habitability defect.
• Tenant violation. A landlord relying on a material lease or ORS 90.325 violation must use the applicable ORS 90.392 notice, cure, and termination rules; this Addendum is not itself a termination notice.
• Attorney fees. ORS 90.255 permits a court to award reasonable prevailing-party fees and costs. This Addendum does not promise automatic fees.

VII. OPTIONAL RESPONSE TARGETS

These are voluntary coordination targets, not statements of Oregon's statutory deadlines. Leave blank unless the parties intentionally agree to them after considering the condition.

VIII. COMMUNICATIONS AND RECORDS

Landlord notice address / portal: [________________________________]

Tenant notice address / email: [________________________________]

Emergency maintenance contact: [________________________________]

Keep copies of notices, photographs, invoices, inspection reports, contractor communications, and access records. A routine communication under this Addendum does not replace any formal notice required by ORS chapter 90, the rental agreement, or local law.

IX. ACKNOWLEDGMENTS

By signing, each party acknowledges only that the party received this Addendum and that the condition entries and attached records are accurate to the best of that party's knowledge. The signatures do not:

• certify that the Premises are mold-free;
• waive habitability, access, notice, damages, termination, or other statutory rights;
• admit who caused a disputed condition;
• create an automatic fee, indemnity, liability cap, rent charge, or eviction remedy; or
• replace professional evaluation when the facts call for it.

X. SIGNATURES

Attachments: [________________________________]