Residential Lease Addenda - Mold Disclosure - South Carolina

MOLD DISCLOSURE & PREVENTION ADDENDUM

to South Carolina Residential Lease Agreement

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.
   This Mold Disclosure & Prevention Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between
   (a) [FULL LEGAL NAME OF LANDLORD], a [STATE] [ENTITY TYPE] (“Landlord”); and
   (b) [FULL LEGAL NAME(S) OF TENANT(S)] (“Tenant,” whether one or more).

2. Premises.
   The real property leased under that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) and commonly known as [STREET ADDRESS, CITY, SC ZIP] (the “Premises”).

3. Consideration & Incorporation.
   In consideration of the mutual covenants in the Lease and herein, the parties agree that this Addendum is incorporated into and made part of the Lease. All capitalized terms not defined herein have the meanings assigned in the Lease.

4. Governing Law.
   This Addendum shall be governed by and construed in accordance with the South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. § 27-40-10 et seq., and other applicable state and federal laws.

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below:

“Actual Damages” – Damages a party proves were caused by a breach, subject to applicable law. This definition does not limit any statutory remedy or liability.

“CDC Guidelines” – The most current mold-related guidelines issued by the U.S. Centers for Disease Control and Prevention.

“Habitability Standards” – The minimum standards required under S.C. Code Ann. § 27-40-440 and any applicable local housing codes for safe and habitable premises.

“Mold” – Any type or genus of mold, mildew, fungus, microbial volatile organic compound (“MVOC”), or other naturally occurring microorganism, visible or not, whose presence, spread, or by-products may pose a risk to property or human health.

“Remediation” – All measures performed in accordance with ANSI/IICRC S520 or any successor industry standard to assess, contain, remove, treat, or dispose of Mold, together with restoration of affected building materials.

III. OPERATIVE PROVISIONS

5. Voluntary Mold Condition Disclosure.
   Landlord provides the following information about known Mold conditions, and Tenant acknowledges receipt. The parties will check any applicable local disclosure requirements separately; this Addendum does not represent that South Carolina law mandates a mold disclosure.

5.1 To Landlord’s actual knowledge, [SELECT ONE & INITIAL]
☐ (a) No visible Mold is present in or on the Premises as of the Effective Date; or
☐ (b) Mold has been observed in the following location(s): [DESCRIBE AREA(S)] and Remediation has been completed in accordance with industry standards.

5.2 Copies of any inspection or Remediation reports in Landlord’s possession relating to Mold conditions within the last [XX] months are either (i) attached hereto as Exhibit A, or (ii) not available.

6. Prevention Obligations.

6.1 Landlord Obligations.
(a) Maintain the Premises in compliance with Habitability Standards, including keeping all structural elements reasonably free of water intrusion.
(b) Prior to delivery of possession, ensure HVAC systems are in good repair and equipped with filters rated MERV-8 or better.
(c) Provide Tenant with the mold-prevention guidance attached as Exhibit B.

6.2 Tenant Obligations.
(a) Operate ventilation fans in bathrooms and kitchens during and for at least [10] minutes after use.
(b) Promptly wipe up any water spills and keep indoor relative humidity below 60%.
(c) Provide Landlord reasonable access to replace HVAC filters under Section 12; Tenant will replace filters only if the parties make a separate, lawful maintenance agreement that preserves Landlord's duties under S.C. Code § 27-40-440.
(d) Immediately notify Landlord, in writing, of (i) water leaks, (ii) presence of standing water, condensation, or high humidity, or (iii) any visible or suspected Mold growth.

7. Remediation Procedures.

7.1 Inspection.
Upon receipt of Tenant’s written notice of suspected Mold, Landlord shall, within [5] business days, visually inspect the Premises or engage a qualified environmental professional to do so.

7.2 Remediation Plan.
If Mold presence is confirmed and exceeds [10] contiguous square feet, Landlord shall furnish Tenant with a written Remediation plan within [5] business days after confirmation. The plan shall:
(a) Describe the scope of work, projected timeline, and safety precautions;
(b) Follow ANSI/IICRC S520 or an applicable successor industry standard and applicable public-health requirements; and
(c) Specify whether temporary relocation of Tenant is necessary, and if so, the relocation protocol and rent abatement, if any.

7.3 Tenant Cooperation.
Tenant shall grant reasonable access to the Premises for inspection and Remediation and shall temporarily relocate personal property as reasonably requested, at Landlord’s cost for reasonable moving expenses.

7.4 Certification of Completion.
Upon completion, Landlord shall deliver to Tenant a clearance report from a qualified third-party mold assessor stating the affected area meets post-Remediation verification standards.

IV. REPRESENTATIONS & WARRANTIES

8. Mutual Authority.
   Each party represents that it has full power and authority to enter into and perform this Addendum.

9. Landlord Mold Warranty (Limited).
   Landlord warrants that, to the best of Landlord’s knowledge and except as disclosed herein, the Premises are free of visible Mold as of the Effective Date. This warranty is limited to conditions existing on or before the Effective Date and does not extend to conditions caused by Tenant’s breach of Section 6.2.

10. No Implied Warranties.
    Except as expressly set forth, Landlord makes no additional contractual warranty regarding air quality or Mold. This clause does not limit Landlord's duties under the RLTA or other applicable law.

11. Survival.
    The warranties in this Article IV survive the expiration or earlier termination of the Lease for a period of [12] months. This clause does not continue a protected tenant's future obligations after termination under S.C. Code § 27-40-350.

V. COVENANTS & RESTRICTIONS

12. Re-Entry & Access.
    Consistent with S.C. Code Ann. § 27-40-530, Tenant shall not unreasonably withhold consent to Landlord and its contractors entering to inspect, sample, or perform Remediation. Except where § 27-40-530(b) or (d) permits otherwise, Landlord shall give at least 24 hours' notice and enter only at reasonable times.

13. Alterations.
    Tenant shall not paint over, conceal, or attempt self-treatment of Mold exceeding [10] square feet without Landlord’s prior written consent.

14. Use Restrictions.
    Tenant shall use dehumidifiers, where provided, and shall not disable HVAC humidistats or ventilation equipment.

VI. DEFAULT & REMEDIES

15. Events of Default.
    (a) Tenant’s material failure to comply with Sections 6.2 or 13 after the notice and opportunity to cure required by S.C. Code § 27-40-710.
    (b) Landlord’s failure to initiate Remediation in accordance with Section 7 within the required timeline.

16. Cure Periods & Remedies.
    16.1 Tenant Default. If Tenant fails to cure as required by S.C. Code § 27-40-710, Landlord may pursue the remedies allowed by the RLTA and recover documented loss where permitted by law.
    16.2 Landlord Default. If Landlord fails to cure, Tenant may exercise remedies under S.C. Code § 27-40-610, including termination after the required notice and cure opportunity, actual damages, or injunctive relief when the statute's conditions are met.

17. Attorneys’ Fees.
    The prevailing party in any action to enforce this Addendum shall be entitled to reasonable attorneys’ fees and costs only to the extent authorized by an enforceable agreement or applicable law.

VII. RISK ALLOCATION

18. Indemnification.
    18.1 Tenant Indemnity. Tenant shall indemnify Landlord only against third-party Actual Damages to the extent caused by Tenant’s material breach of Section 6.2 or Tenant’s willful misconduct regarding Mold. Tenant does not indemnify Landlord for Landlord liability arising under law or its associated costs.
    18.2 Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from Actual Damages arising out of Landlord’s failure to comply with Sections 6.1 or 7.

19. Insurance.
    Landlord shall maintain property insurance covering the structure; Tenant shall maintain renter’s insurance including personal property coverage and, if available, mold-related loss coverage.

20. Force Majeure.
    A party's voluntarily agreed inspection or Remediation timeline may be extended for events beyond its reasonable control while it uses reasonable efforts to mitigate. This clause does not excuse or limit Landlord's duties or liability arising under law or Tenant's statutory remedies.

21. Normal Environmental Conditions.
    The parties acknowledge that complete elimination of all Mold spores is not possible. This acknowledgment does not waive Tenant's statutory remedies or excuse Landlord from maintaining the Premises as required by law.

22. Statutory Rights Preserved.
    Nothing in this Addendum exculpates or limits Landlord liability arising under law, requires Tenant to indemnify that liability or its costs, or waives a right or remedy under the RLTA.

VIII. DISPUTE RESOLUTION

24. Governing Law & Forum.
    This Addendum shall be construed in accordance with South Carolina law. An RLTA claim may be brought in a South Carolina circuit or magistrate court with subject-matter and territorial jurisdiction; this Addendum does not create or designate a separate housing court.

25. Arbitration.
    The parties expressly opt out of arbitration.

26. Jury Trial.
    This Addendum makes no waiver of a right to trial by jury.

27. Injunctive Relief.
    Nothing herein shall limit Tenant’s right to seek injunctive or other equitable relief necessary to ensure habitability.

IX. GENERAL PROVISIONS

28. Amendment; Waiver.
    No modification of this Addendum is effective unless in a writing signed by both parties. A waiver of any breach is not a waiver of any subsequent breach.

29. Assignment.
    Tenant may not assign or sublet the Premises without Landlord’s prior written consent; any permitted assignee is bound by this Addendum.

30. Successors & Assigns.
    This Addendum binds and benefits the parties and their respective successors and permitted assigns.

31. Severability.
    If any provision is held invalid, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to comply with law.

32. Entire Agreement.
    This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement regarding Mold matters.

33. Counterparts; Electronic Signatures.
    This Addendum may be executed in counterparts. The parties agree to electronic execution, subject to signer attribution, the scope of S.C. Code §§ 26-6-30 and 26-6-50, and other applicable law. This clause does not authorize electronic delivery of a notice excluded from that Act.

X. EXECUTION BLOCK

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

LANDLORD:
_______________________________________
Name: _________________________________
Title/Capacity: _________________________
Date: __________________________________

TENANT(S):
_______________________________________ Date: _____________
Print: ________________________________

_______________________________________ Date: _____________
Print: ________________________________