Residential Lease Addenda - Mold Disclosure - Rhode Island

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:

1. Landlord: [LANDLORD LEGAL NAME], whose address for notice is [LANDLORD ADDRESS]; and
2. 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:

1. “Actual Damages” – Losses proven as actual damages under applicable law. This definition does not exclude any other remedy available by law.
2. “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.
3. “Mold” – Any microscopic fungi capable of growing indoors, whether visible or not, including species commonly referred to as mildew.
4. “Qualified Remediation Contractor” – A contractor licensed or certified, where required by law, and regularly engaged in mold assessment and remediation.
5. “Visible Mold” – Accumulation of Mold growth readily apparent to the naked eye on interior surfaces of the Premises.
6. “Water Intrusion Event” – Any occurrence that introduces water or excessive moisture into the Premises, including leaks, flooding, or condensation from HVAC or plumbing systems.

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 may record any Visible Mold or moisture condition observed at move-in and notify Landlord promptly. Failure to identify a condition within forty-eight (48) hours is not an acknowledgment that no undisclosed condition exists and does not waive Tenant’s rights or remedies under Chapter 34-18.

3.3 Ongoing Notification Obligations

(a) Tenant shall promptly 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) A delay in notice does not by itself waive Tenant’s statutory rights. Responsibility for loss caused by an unreasonable delay is determined under applicable law and the facts.

3.4 Access for Assessment and Remediation

Tenant shall not unreasonably withhold consent to reasonable inspection and remediation access. Except in an emergency or when notice is impracticable, Landlord shall give at least two (2) days’ notice and enter only at reasonable times, as R.I. Gen. Laws § 34-18-26 requires.

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, based on the inspection described in § 3.1 and Landlord’s actual knowledge, without reducing Landlord’s maintenance duties under R.I. Gen. Laws § 34-18-22, that:
(a) Except as expressly disclosed herein, Landlord is not aware of any Visible Mold that remains unremediated 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 Landlord’s written disclosures, without waiving any right or remedy under applicable law;
(b) Tenant will maintain the Premises in a manner that does not foster Mold growth, consistent with § V.

4.3 Survival. Termination or expiration of the Lease does not extinguish any accrued claim or applicable statutory duty or remedy. Any claim period is determined by applicable law.

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 unless an earlier response is required by law or the condition, 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, such as running available exhaust fans and opening windows when weather permits, to control indoor humidity without shifting Landlord’s maintenance and heating duties under R.I. Gen. Laws § 34-18-22;
(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.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults under this Addendum:
(a) Tenant’s unreasonable failure to notify Landlord under § 3.3, to the extent it causes loss and applicable law permits a remedy;
(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.

• The parties will promptly address a reported condition. This contractual target does not replace any notice or cure period or remedy required by Chapter 34-18, including §§ 34-18-28 and 34-18-36. A tenant noncompliance eviction requires the applicable statutory notice and cure process; the general § 34-18-36(a) route gives twenty (20) days from mailing to cure.
• In an emergency posing an immediate threat to health or safety, either party may take measures permitted by applicable law; reimbursement depends on the governing law or a separate agreement.

6.3 Remedies.
(a) Habitability-Related Injunctive Relief. Either party may seek injunctive or equitable relief in the Rhode Island District Court or an appropriate housing court having jurisdiction under R.I. Gen. Laws § 34-18-9, subject to the remedy and bond rules governing the claim.
(b) Rent Adjustment. If Mold affects use of the Premises, the parties may agree to a temporary rent adjustment: ☐ $[____] per [____] from [DATE] through [DATE]; ☐ none agreed here. Any separate rent-related remedy depends on the governing statute, court order, or enforceable agreement. R.I. Gen. Laws § 34-18-31 addresses specified failures to supply essential services; Mold alone does not trigger an automatic pro-rata reduction under that section.
(c) Damages. A party may seek damages available for the actual claim under applicable law, subject to § VII.2.
(d) Attorney’s Fees. A party may recover attorney’s fees and costs only when the governing law permits or a court awards them under applicable authority. This Addendum does not require Tenant to pay Landlord’s fees inconsistent with Chapter 34-18.

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 is responsible for losses caused by Tenant’s breach of § 5.2 or intentional misconduct to the extent applicable law permits. Tenant does not indemnify Landlord for Landlord’s liability arising under law or related costs.

7.2 Limitation of Liability

This Addendum does not limit Landlord’s liability arising under law or Tenant’s remedies under Chapter 34-18. Any damages are determined under the law governing the claim.

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

Events beyond a party’s reasonable control may affect performance under this Addendum, but this clause does not excuse Landlord’s duties under R.I. Gen. Laws § 34-18-22 or limit liability and remedies arising under law.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Addendum and the Lease shall be governed by the State Landlord-Tenant Law and other applicable Rhode Island law.
2. Forum and Venue. Any action arising out of this Addendum must be brought in the Rhode Island District Court or an appropriate housing court having subject-matter jurisdiction under R.I. Gen. Laws § 34-18-9 and satisfying the controlling venue rules. This Addendum does not create jurisdiction or venue by consent.
3. Arbitration Excluded. The parties expressly opt out of binding arbitration.
4. Jury Waiver. Nothing herein shall constitute a waiver of any constitutional right to trial by jury.
5. 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 parties’ agreement concerning Mold matters, subject to Tenant’s rights and Landlord’s duties under Chapter 34-18. It does not extinguish a claim or remedy preserved by applicable law.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts. Electronic or facsimile signatures may be used where applicable law permits and the parties accept that method.

X. EXECUTION BLOCK

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

[Optional Notary Acknowledgment – use if required by lender or local ordinance]