RESIDENTIAL LEASE ADDENDUM – MOLD DISCLOSURE & PREVENTION

(OREGON)

[// GUIDANCE: Attach this Addendum to every residential lease or rental agreement involving Oregon property. Replace all bracketed text in ALL CAPS with deal-specific information and delete guidance before 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

1.1 Title; Parties. This Residential Lease Addendum – Mold Disclosure & Prevention (this “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) “[LANDLORD LEGAL NAME],” a [STATE & TYPE OF ENTITY], (“Landlord”); and
(b) “[TENANT LEGAL NAME(S)],” (“Tenant”).

1.2 Premises; Governing Lease. Landlord has leased to Tenant the residential dwelling located at [PREMISES ADDRESS] (the “Premises”) pursuant to that certain Residential Lease dated [LEASE DATE] (the “Lease”). This Addendum is incorporated into and forms a part of the Lease.

1.3 Consideration. In consideration of the mutual covenants herein, the parties agree as follows.

1.4 Jurisdictional Statement. This Addendum is drafted to comply with the Oregon Residential Landlord and Tenant Act, OR. REV. STAT. §§ 90.100 et seq. (“ORLTA”), and applicable local housing codes.

II. DEFINITIONS

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

“Actual Damages” – Direct, out-of-pocket losses proven with reasonable certainty, excluding punitive, consequential, special, or exemplary damages.

“EPA Guidelines” – The United States Environmental Protection Agency publication “A Brief Guide to Mold, Moisture, and Your Home,” EPA 402-K-02-003, or any successor publication.

“Mold” – Any fungus, mildew, or microbial growth visible to the naked eye or confirmed by laboratory testing, including but not limited to genera Stachybotrys, Aspergillus, Penicillium, Cladosporium, and Alternaria.

“Moisture-Intrusion Event” – The penetration, leakage, or accumulation of water, condensation, or other moisture inside the Premises that may facilitate Mold growth.

“Remediation” – Assessment, containment, removal, cleaning, and drying activities consistent with EPA Guidelines and ANSI/IICRC S520 Standard, as amended.

III. OPERATIVE PROVISIONS

3.1 Mandatory Disclosure. Pursuant to ORLTA § 90.320(1)(f) (habitability) and applicable local ordinances, Landlord provides the disclosures, representations, and procedures set forth herein regarding Mold at the Premises.

3.2 Delivery of EPA Guidelines. Landlord has provided Tenant with the EPA Guidelines prior to execution of this Addendum. Tenant acknowledges receipt by initialing here: ___.

3.3 Inspection Prior to Occupancy.
(a) Landlord’s Inspection. Landlord has visually inspected accessible areas of the Premises and discloses the following:
• Visible Mold at commencement: [YES / NO].
• If “YES,” describe location and planned Remediation schedule: ______.
(b) Tenant’s Right to Inspect. Tenant has had the opportunity to inspect the Premises and either (i) found no visible Mold or (ii) identified Mold as follows: ________.

3.4 Material Term. Compliance with this Addendum is a material term of the Lease. A breach constitutes a default under Section VI.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Limited Warranty. Landlord represents that, to Landlord’s knowledge and subject to any disclosures in Section 3.3(a), no uncontrolled Moisture-Intrusion Event or active Mold colonization exists in the Premises as of the Effective Date. LANDLORD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF A MOLD-FREE ENVIRONMENT BEYOND LANDLORD’S OBLIGATIONS UNDER ORLTA § 90.320.

4.2 Tenant’s Representations. Tenant (a) has received and reviewed the EPA Guidelines; (b) has inspected the Premises or waived such inspection; and (c) agrees the Premises are, to Tenant’s knowledge, free of visible Mold except as disclosed in Section 3.3(b).

4.3 Survival. The representations and warranties in this Addendum survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants. Landlord shall:
(a) Maintain the roof, plumbing, windows, and structural elements to prevent Moisture-Intrusion Events, consistent with ORLTA § 90.320(1);
(b) Make necessary repairs or Remediation within a reasonable time after receiving Tenant’s written notice under Section 5.2(c);
(c) Provide at least twenty-four (24) hours’ advance notice prior to entry for inspection or Remediation, except in emergencies per ORLTA § 90.322; and
(d) Keep records of any Remediation performed and provide copies to Tenant upon request.

5.2 Tenant Covenants. Tenant shall:
(a) Maintain the Premises in a manner that prevents Mold growth, including proper ventilation, controlling indoor humidity, and promptly drying spills;
(b) Use bathroom and kitchen exhaust fans and keep HVAC filters clean;
(c) Notify Landlord in writing within forty-eight (48) hours of discovering: (i) water leaks, (ii) visible Mold, or (iii) Excessive Moisture-Intrusion Events;
(d) Cooperate with Remediation efforts, including temporary relocation of personal property; and
(e) Refrain from tampering with or shutting off ventilation systems without Landlord’s consent.

5.3 Remediation Procedures. Upon notice of suspected Mold, Landlord will:
(a) Inspect within a commercially reasonable time;
(b) Engage a qualified professional when legally required or when visible Mold exceeds ten (10) square feet;
(c) Follow EPA Guidelines and ANSI/IICRC S520 standards; and
(d) Provide Tenant with written notice of findings and corrective actions.

5.4 Prohibited Conduct. Tenant shall not introduce Mold-promoting materials (e.g., unvented kerosene heaters), grow plants or store items in a manner that restricts air circulation, or ignore condensation/water leaks.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
(a) Tenant’s failure to perform obligations in Section 5.2 within the applicable cure period;
(b) Landlord’s failure to initiate Remediation under Section 5.3 within a reasonable time;
(c) Any misrepresentation in Section IV.

6.2 Notice & Cure. The non-defaulting party shall provide written notice specifying the default. The defaulting party has:
(a) Landlord – Ten (10) days to commence cure;
(b) Tenant – Seven (7) days to commence cure.

6.3 Remedies.
(a) Landlord Remedies. If Tenant defaults, Landlord may: (i) enter to perform required actions and charge Tenant as Additional Rent; (ii) terminate the Lease pursuant to ORLTA §§ 90.392-90.394; and/or (iii) recover Actual Damages and reasonable attorney fees.
(b) Tenant Remedies. If Landlord defaults and fails to cure, Tenant may: (i) pursue injunctive relief to enforce habitability obligations under ORLTA § 90.360; (ii) terminate the Lease; and/or (iii) recover Actual Damages and reasonable attorney fees.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from and against any Actual Damages arising out of Tenant’s breach of Section 5.2 or negligent acts that promote Mold growth.
(b) Landlord Indemnity. Landlord shall indemnify Tenant for Actual Damages resulting from Landlord’s failure to perform obligations under Section 5.1 or negligent repairs that exacerbate Mold conditions.

7.2 Limitation of Liability. EACH PARTY’S LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL DAMAGES. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES.

7.3 Insurance. Tenant is advised to obtain renter’s insurance that covers Mold-related personal property losses. Landlord maintains property insurance but no insurance for Tenant’s personal property.

7.4 Force Majeure. Delays in Remediation caused by events beyond reasonable control (e.g., natural disasters) extend cure periods for a time equal to the delay, provided the delayed party promptly notifies the other.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease are governed by the laws of the State of Oregon, without regard to conflict-of-laws principles.

8.2 Forum Selection. Any suit, action, or proceeding arising out of or relating to this Addendum shall be brought exclusively in the [COUNTY] Circuit Court – Landlord-Tenant or Housing Department (or its successor).

8.3 Arbitration Excluded. The parties expressly opt out of arbitration; all disputes shall be resolved in the forum set forth in Section 8.2.

8.4 Jury Trial. EACH PARTY RETAINS ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY. NO WAIVER IS INTENDED OR IMPLIED.

8.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to preserve habitability or prevent irreparable harm, without posting bond to the extent permitted by law.

IX. GENERAL PROVISIONS

9.1 Amendments; Waivers. No amendment or waiver is effective unless in writing and signed by both parties. No waiver of any breach constitutes a waiver of another breach.

9.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, except as permitted by ORLTA § 90.453 (domestic violence victims).

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 unenforceable, it shall be narrowed or severed to the extent necessary, and the remainder shall remain in full force.

9.5 Entire Agreement. This Addendum, together with the Lease, constitutes the entire agreement regarding Mold, superseding all prior oral or written statements.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted via electronic means (e.g., PDF, DocuSign) are binding.

X. EXECUTION BLOCK

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

[ADD additional Tenant signature lines as required]

[NOTARY BLOCK – use if notarization is desired or required by local rule]

[// GUIDANCE:
1. Retain signed originals with the Lease.
2. Provide a copy of the executed Addendum and EPA Guidelines to each Tenant.
3. Review all local (e.g., City of Portland) ordinances for any additional disclosure obligations.
4. Consider adding photographs or inspection reports as Exhibits if Mold is disclosed.]