RESIDENTIAL LEASE ADDENDUM

MOLD DISCLOSURE, PREVENTION & REMEDIATION

(COMMONWEALTH OF PENNSYLVANIA)

[// GUIDANCE: Attach this Addendum to and incorporate it into any Pennsylvania residential lease (the “Master Lease”). Delete guidance comments 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. Parties.
   1.1 Landlord: [LEGAL NAME], a [ENTITY TYPE] organized under the laws of [STATE].
   1.2 Tenant(s): [LEGAL NAME(S)].
2. Property. The residential dwelling located at [PROPERTY ADDRESS] (the “Premises”).
3. Effective Date. This Addendum is effective as of [DATE] (the “Effective Date”) and amends and supplements the Master Lease dated [LEASE DATE].
4. Consideration. The mutual promises in the Master Lease and herein constitute adequate consideration.
5. Jurisdiction. This Addendum is governed by the Pennsylvania Landlord and Tenant Act of 1951, 68 P.S. §§ 250.101–250.602, and other applicable Pennsylvania law.

II. DEFINITIONS

“Actual Damages” – objectively verifiable, out-of-pocket losses suffered by a Party, exclusive of consequential, special, punitive, or exemplary damages.

“CDC” – the U.S. Centers for Disease Control and Prevention, or any successor agency.

“HVAC” – the heating, ventilation, and air-conditioning system serving the Premises.

“IICRC Standard” – the Institute of Inspection, Cleaning and Restoration Certification S520 Standard and any successor guideline.

“Mold” – microscopic fungi, including mold, mildew, spores, fragments, and byproducts capable of growth on organic materials when moisture is present.

“Remediation” – assessing, cleaning, treating, removing, or correcting Mold in accordance with the IICRC Standard or other industry-accepted protocol.

“Water Intrusion” – the unwanted presence of water, humidity, or condensation within the Premises sufficient to support Mold growth.

[// GUIDANCE: Add additional defined terms as needed for complex lease structures.]

III. OPERATIVE PROVISIONS

3.1 Incorporation by Reference. This Addendum is fully incorporated into and made part of the Master Lease, and all capitalized terms not defined here have the meanings assigned in the Master Lease.

3.2 Statutory Disclosure. Pursuant to Pennsylvania habitability requirements and any applicable municipal codes, Landlord hereby discloses:

(a) Known Mold Presence. To the best of Landlord’s knowledge, as of the Effective Date, [SELECT ONE: “no visible Mold and no current Moisture Conditions exist within the Premises” / “the following areas exhibit visible Mold or moisture as described: __”].

(b) Prior Remediation. Within the preceding twelve (12) months, Landlord [SELECT ONE: “has not undertaken” / “has undertaken”] Mold Remediation at the Premises. If undertaken, a summary is attached as Schedule A.

3.3 Initial Inspection & Acceptance.
(i) Tenant acknowledges the opportunity to visually inspect the Premises for Mold prior to occupancy.
(ii) Tenant shall report any visible Mold or Water Intrusion in writing to Landlord within seventy-two (72) hours after the Start Date of the Master Lease. Failure to report timely constitutes prima facie evidence that the Premises were acceptable and free of visible Mold at occupancy.

3.4 Ongoing Duty to Report. Tenant shall promptly (and in all events within forty-eight (48) hours) notify Landlord in writing of any:
a. visible Mold;
b. Water Intrusion;
c. malfunction of plumbing, roof, windows, foundation, or HVAC reasonably likely to cause Mold.

3.5 Landlord Response & Remediation.
a. Inspection. Within five (5) business days after receipt of Tenant’s notice, Landlord shall visually inspect the reported area.
b. Remediation Plan. If Mold is confirmed, Landlord shall provide Tenant with a written remediation plan within ten (10) business days, consistent with the IICRC Standard or substantially equivalent protocol.
c. Completion. Remediation shall be completed within a commercially reasonable time, considering scope, labor, and material availability.
d. Relocation. If remediation requires Tenant to vacate the affected area, Landlord shall [SELECT ONE: “provide comparable temporary housing” / “abate Rent for the affected days on a pro-rata basis”] until safe re-occupancy.

3.6 Prevention Obligations.
a. Tenant agrees to:
(1) maintain interior humidity below 60% by reasonable use of HVAC, exhaust fans, and dehumidifiers;
(2) keep the Premises clean, especially kitchens and baths;
(3) refrain from blocking HVAC vents;
(4) immediately clean minor surface mold (e.g., on shower grout) with household cleaners.
b. Landlord agrees to:
(1) maintain the building envelope, roof, and plumbing in watertight condition;
(2) service HVAC at least annually;
(3) comply with all applicable Pennsylvania and municipal habitability standards.

3.7 No Rent Withholding. Tenant shall not withhold Rent except as expressly permitted by Pennsylvania law and after strict compliance with statutory procedures.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents that it has full authority to enter into this Addendum.

4.2 Landlord Representations.
(a) Landlord has disclosed all information known or reasonably available regarding the presence of Mold or conditions conducive to Mold at the Premises.
(b) Landlord will perform any required Remediation in a workmanlike manner consistent with industry standards.

4.3 Tenant Representations.
(a) Tenant has received and reviewed the CDC Mold guidance fact sheet provided contemporaneously with this Addendum.
(b) Tenant will maintain the Premises in accordance with Section 3.6.

4.4 Survival. Representations and warranties survive termination of the Master Lease for one (1) year, solely as to conditions existing during the Lease Term.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall comply with all instructions reasonably issued by Landlord or its remediation contractor to facilitate safe and effective Mold Remediation.

5.2 Negative Covenants of Tenant. Tenant shall not:
(i) introduce unvented fuel-burning appliances;
(ii) store wet items inside for more than twenty-four (24) hours;
(iii) disable or tamper with HVAC or dehumidification equipment.

5.3 Landlord Inspection Rights. In addition to the Master Lease, Landlord may enter the Premises with at least twenty-four (24) hours’ notice (or immediately in emergencies) to inspect for Mold or water leaks.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Tenant’s failure to timely report a Mold condition, or refusal to allow Remediation access, beyond any applicable statutory cure period.
(b) Landlord’s failure to commence Remediation within the time required under § 3.5(b).

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the Default. The defaulting Party has seven (7) days to cure, unless the condition poses an imminent threat to health or safety, in which case the cure period is forty-eight (48) hours.

6.3 Remedies.
(a) Tenant Remedies (for Landlord Default): Actual Damages, injunctive relief to enforce habitability, and any statutory remedies under 68 P.S. § 250.206.
(b) Landlord Remedies (for Tenant Default): Actual Damages, recovery of remediation costs, and any rights under the Master Lease or Pennsylvania law.
(c) Attorney Fees. The prevailing Party in any action relating to this Addendum is entitled to reasonable attorney fees and costs, if permitted by applicable law.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) By Landlord. Landlord shall indemnify, defend, and hold Tenant harmless from claims arising from Landlord’s failure to perform required Remediation after proper notice.
(b) By Tenant. Tenant shall indemnify, defend, and hold Landlord harmless from claims arising from Tenant’s negligence or violation of Section 3.6 or 5.2.

7.2 Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY FOR CLAIMS ARISING UNDER THIS ADDENDUM SHALL NOT EXCEED THE ACTUAL DAMAGES PROVEN BY THE CLAIMANT.

7.3 Insurance. Landlord shall maintain property insurance covering the building structure. Tenant is advised to obtain renter’s insurance covering personal property and loss of use.

7.4 Force Majeure. Delays in Remediation due to events beyond reasonable control (e.g., natural disasters, labor shortages) extend performance deadlines for a period equal to the delay, provided the affected Party gives prompt written notice.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by the laws of the Commonwealth of Pennsylvania without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive venue lies in the [COUNTY] Court of Common Pleas—Housing Court Division, provided the amount in controversy satisfies jurisdictional thresholds.

8.3 Arbitration. ARBITRATION IS EXPRESSLY EXCLUDED; the Parties reserve all judicial remedies.

8.4 Jury Trial. The Parties acknowledge the constitutional right to trial by jury and do not waive such right.

8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek emergency or injunctive relief to enforce habitability or prevent imminent harm.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. No modification or waiver is effective unless in a writing 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 required by law.

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

9.4 Severability. If any provision is invalid or unenforceable, the remainder of this Addendum remains in full force, and the invalid provision is deemed modified to the minimum extent necessary to make it enforceable.

9.5 Integration. This Addendum, together with the Master Lease and any schedules, constitutes the entire agreement on the subject of Mold and supersedes prior oral or written statements.

9.6 Counterparts & Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) are effective.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment if required by local ordinance]

[// GUIDANCE:
1. Attach Schedule A if prior remediation occurred.
2. Provide Tenant with CDC/EPA Mold pamphlet and retain Tenant’s receipt acknowledgment.
3. Verify any municipal mold disclosure ordinances (e.g., Philadelphia, Pittsburgh) and append as necessary.
4. Delete guidance comments and placeholders before final execution.
5. Retain executed copy for at least three (3) years to satisfy potential evidentiary requirements.
]