MOLD DISCLOSURE AND PREVENTION ADDENDUM
to Residential Lease Agreement – State of Rhode Island
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
This Mold Disclosure and Prevention Addendum (the “Addendum”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
- Landlord: [LANDLORD LEGAL NAME], whose address for notice is [LANDLORD ADDRESS]; and
- Tenant: [TENANT LEGAL NAME(S)], collectively and individually, whose address for notice is the Leased Premises unless otherwise specified;
with respect to the residential real property commonly known as [PROPERTY ADDRESS] (the “Premises”).
This Addendum is incorporated into and amends that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”). In the event of any conflict between the Lease and this Addendum, this Addendum shall control solely with respect to mold, moisture, and related indoor air-quality matters.
The parties acknowledge that this Addendum is governed by the Rhode Island Residential Landlord and Tenant Act, R.I. Gen. Laws § 34-18-1 et seq., and any regulations promulgated thereunder (collectively, the “State Landlord-Tenant Law”).
II. DEFINITIONS
For purposes of this Addendum, the following terms shall have the meanings set forth below:
- “Actual Damages” – Direct, out-of-pocket damages proven with reasonable certainty, excluding indirect, consequential, punitive, or speculative damages.
- “Habitable Condition” – The condition required under R.I. Gen. Laws § 34-18-22 and related law, including freedom from conditions materially affecting health or safety.
- “Mold” – Any microscopic fungi capable of growing indoors, whether visible or not, including species commonly referred to as mildew.
- “Qualified Remediation Contractor” – A contractor licensed or certified, where required by law, and regularly engaged in mold assessment and remediation.
- “Visible Mold” – Accumulation of Mold growth readily apparent to the naked eye on interior surfaces of the Premises.
- “Water Intrusion Event” – Any occurrence that introduces water or excessive moisture into the Premises, including leaks, flooding, or condensation from HVAC or plumbing systems.
[// GUIDANCE: Add or delete defined terms to align with the underlying Lease’s terminology.]
III. OPERATIVE PROVISIONS
3.1 Landlord’s Pre-Occupancy Inspection & Disclosure
(a) Inspection. Landlord represents that Landlord, or Landlord’s agent, performed a reasonable visual inspection of the Premises for Moisture Conditions and Visible Mold within thirty (30) days prior to the Commencement Date.
(b) Disclosure. Landlord hereby discloses the following known conditions:
• [DISCLOSE “NONE” OR DESCRIBE LOCATIONS/EXTENT OF VISIBLE MOLD]
Tenant acknowledges receipt of this disclosure prior to execution of the Lease.
3.2 Tenant’s Pre-Occupancy Inspection & Opportunity to Object
Tenant has inspected, or had the opportunity to inspect, the Premises for Visible Mold and Moisture Conditions. Tenant shall, within forty-eight (48) hours of taking possession, provide Landlord with written notice of any conditions materially differing from Landlord’s disclosure. Absence of such notice shall constitute Tenant’s acknowledgment that no undisclosed Visible Mold exists at move-in.
3.3 Ongoing Notification Obligations
(a) Tenant shall promptly (and in any event within twenty-four (24) hours) notify Landlord in writing upon discovery of:
i. Visible Mold;
ii. A Water Intrusion Event; or
iii. Malfunctioning ventilation, plumbing, or HVAC components contributing to excess moisture.
(b) Failure to provide timely notice shall be deemed Tenant’s default under § VI.
3.4 Access for Assessment and Remediation
Upon at least twenty-four (24) hours’ prior notice (except in emergencies), Tenant shall grant Landlord and any Qualified Remediation Contractor reasonable access to the Premises to inspect, test, and remediate Mold or Moisture Conditions in accordance with § 5.1.
3.5 Cost Allocation
Unless otherwise required by State Landlord-Tenant Law:
(a) Landlord bears all reasonable costs of assessment and remediation of Mold caused by Landlord’s failure to maintain the Premises in a Habitable Condition;
(b) Tenant bears all reasonable costs of assessment and remediation of Mold caused by Tenant’s negligence, willful misconduct, or violation of Tenant Covenants in § V.
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. Landlord represents, solely to the best of Landlord’s actual knowledge without duty of further inquiry, that:
(a) Except as expressly disclosed herein, Landlord is not aware of any Unremediated Visible Mold or chronic Moisture Conditions in the Premises as of the Effective Date;
(b) Any prior Mold remediation was completed in accordance with then-applicable industry standards.
4.2 Tenant’s Representations. Tenant represents that:
(a) Tenant has reviewed this Addendum and relied solely on Tenant’s own inspection and Landlord’s written disclosures, not on any oral representations;
(b) Tenant will maintain the Premises in a manner that does not foster Mold growth, consistent with § V.
4.3 Survival. The representations and warranties in this § IV shall survive termination or expiration of the Lease for a period of one (1) year.
V. COVENANTS & RESTRICTIONS
5.1 Landlord Covenants
Landlord shall:
(a) Maintain the Premises, building systems, and appurtenances in Habitable Condition and in compliance with R.I. Gen. Laws § 34-18-22;
(b) Promptly, and in any event within five (5) business days of written notice, engage a Qualified Remediation Contractor to assess and remediate any Mold condition attributable to structural systems or building envelope failures;
(c) Provide Tenant with written notice when remediation is completed and certification, if any, from the Qualified Remediation Contractor.
5.2 Tenant Covenants
Tenant shall:
(a) Use reasonable efforts (including running exhaust fans, opening windows when weather permits, and maintaining heat above 55°F) to control indoor humidity;
(b) Keep the Premises, including bathrooms and kitchens, clean and free from excessive moisture;
(c) Not block or impede any ventilation or HVAC intake/exhaust ducts;
(d) Immediately notify Landlord of any Water Intrusion Event or Visible Mold;
(e) Cooperate with any remediation efforts, including temporarily vacating affected areas if reasonably required.
[// GUIDANCE: Consider adding municipal-specific obligations if property is subject to local rental regulations.]
VI. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute defaults under this Addendum:
(a) Tenant’s failure to provide timely notice under § 3.3;
(b) Tenant’s violation of the Covenants in § 5.2 that results in Mold growth;
(c) Landlord’s failure to initiate remediation within the timeframes required by § 5.1.
6.2 Notice & Cure.
• Defaulting party shall have five (5) business days after written notice to commence cure and diligently prosecute to completion.
• In emergencies posing immediate threat to health or safety, the non-defaulting party may undertake necessary action without notice and recover reasonable costs.
6.3 Remedies.
(a) Habitability-Related Injunctive Relief. Either party may seek injunctive or equitable relief in state housing court to enforce habitability obligations, without posting bond where permitted by law.
(b) Rent Abatement. If the Premises or a portion thereof is rendered uninhabitable by Mold not caused by Tenant, rent shall abate on a pro-rata basis from the date Tenant gives notice until certification of remediation.
(c) Damages. Recovery shall be limited to Actual Damages, subject to § VII.2.
(d) Attorney’s Fees. The prevailing party in any action to enforce this Addendum is entitled to reasonable attorney’s fees and costs.
VII. RISK ALLOCATION
7.1 Indemnification
(a) By Landlord. Landlord shall indemnify, defend, and hold harmless Tenant from and against any Actual Damages, claims, or liabilities arising out of Landlord’s breach of this Addendum or negligence in maintaining structural systems, except to the extent caused by Tenant.
(b) By Tenant. Tenant shall indemnify, defend, and hold harmless Landlord from and against any Actual Damages, claims, or liabilities arising out of Tenant’s breach of § 5.2 or intentional misconduct.
7.2 Limitation of Liability
Except for liabilities resulting from a party’s gross negligence or willful misconduct, each party’s aggregate liability under this Addendum shall not exceed the greater of (i) six (6) months’ rent under the Lease or (ii) Actual Damages proven, whichever is less. Consequential, punitive, and special damages are excluded.
7.3 Insurance
Each party is encouraged to maintain insurance coverage (e.g., renter’s insurance, landlord’s property and liability insurance) sufficient to cover Mold-related losses.
7.4 Force Majeure
Neither party shall be liable for delays in performing obligations (other than payment of money) caused by events beyond its reasonable control, provided the party promptly notifies the other and resumes performance as soon as practical.
VIII. DISPUTE RESOLUTION
- Governing Law. This Addendum and the Lease shall be governed by the State Landlord-Tenant Law and other applicable Rhode Island law.
- Forum Selection. Exclusive venue for any action arising out of this Addendum shall be the appropriate state housing court for the county in which the Premises are located.
- Arbitration Excluded. The parties expressly opt out of binding arbitration.
- Jury Waiver. Nothing herein shall constitute a waiver of any constitutional right to trial by jury.
- Injunctive Relief Preservation. Either party may seek injunctive or equitable relief as contemplated in § VI.3(a).
IX. GENERAL PROVISIONS
9.1 Amendment; Waiver. No modification of this Addendum is effective unless in writing and signed by all parties. Waiver of any breach shall not be deemed waiver of subsequent breaches.
9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted under the Lease.
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 held invalid, the remainder shall be enforced to the fullest extent permitted by law.
9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties with respect to Mold matters and supersedes all prior or contemporaneous 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 delivered electronically or by facsimile shall be treated as originals.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT(S) |
|---|---|
| _________ | _________ |
| [PRINT NAME & TITLE] | [PRINT NAME] |
| Date: ___ | Date: ___ |
| _________ | _________ |
| [PRINT NAME & TITLE, if 2nd signature] | [PRINT NAME, add rows as needed] |
| Date: ___ | Date: ___ |
[Optional Notary Acknowledgment – use if required by lender or local ordinance]
[// GUIDANCE:
1. Attach this Addendum to the Lease and ensure each page is initialed.
2. Review local ordinances (e.g., Providence, Newport) for additional mold or habitability disclosure rules.
3. Where a prior mold issue exists, consider attaching remediation clearance documentation as an exhibit.
4. Coordinate insurance requirements with § VII.3 and the Lease’s casualty provisions.]