Mold Disclosure & Prevention Addendum

to Residential Lease Agreement
(State of South Dakota)

[// GUIDANCE: This Addendum is intended for attachment to an existing South Dakota residential lease (the “Lease”). All bracketed items must be customized before execution.]

I. DOCUMENT HEADER

1.1 Parties. This Mold Disclosure & Prevention Addendum (this “Addendum”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE/STATE] (“Landlord”), and [TENANT FULL NAME(S)] (“Tenant,” and together with Landlord, the “Parties”).

1.2 Premises. The real property and dwelling unit located at [PROPERTY ADDRESS] (the “Premises”) and demised under that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”).

1.3 Incorporation; Consideration. This Addendum is incorporated into and made part of the Lease as of the Effective Date in consideration of the mutual covenants herein. In the event of any conflict between this Addendum and the Lease, this Addendum controls with respect to mold‐related matters.

1.4 Governing Law & Venue. This Addendum, the Lease, and all disputes arising therefrom shall be governed by the landlord–tenant laws of the State of South Dakota and heard exclusively in the [NAME OF COUNTY] County Housing Court (the “Forum Court”). Arbitration is expressly excluded.

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below; any capitalized term not defined herein has the meaning given in the Lease.

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

“Elevated Moisture Condition” means the presence of water, moisture, or humidity at levels likely to promote Mold growth, determined in accordance with then‐current EPA and CDC guidelines.

“Mold” means any type or species of mold, mildew, fungus, or microbial matter capable of growth upon an organic substrate in the indoor environment.

“Remediation” means a protocol of (i) inspection, (ii) moisture control, (iii) removal or cleaning, and (iv) post‐remediation verification, all performed substantially in accordance with current EPA “Mold Remediation in Schools and Commercial Buildings” guidelines or any successor standard.

III. OPERATIVE PROVISIONS

3.1 Landlord’s Mold Disclosure.

(a) Visual Inspection. Prior to the Effective Date, Landlord performed a reasonably diligent visual inspection of the Premises.

(b) Landlord’s Statement. Landlord [HAS / HAS NOT] observed current, visible Mold or Elevated Moisture Conditions in the Premises as of [DATE OF INSPECTION].

(c) Tenant Acknowledgment. Tenant acknowledges receipt of:
(i) this Addendum;
(ii) the EPA pamphlet “A Brief Guide to Mold, Moisture, and Your Home”; and
(iii) any laboratory or inspection reports listed on Exhibit A (collectively, the “Disclosure Materials”).

3.2 Prevention—Tenant Obligations.

Tenant shall:
(a) maintain the Premises in a clean and sanitary condition;
(b) promptly remove visible moisture, including condensation on windows, walls, and bathroom surfaces;
(c) operate bathroom and kitchen exhaust fans during and for at least [X] minutes after use;
(d) keep furniture and personal property at least two inches from exterior walls to permit air circulation;
(e) immediately (within 24 hours) notify Landlord in writing of (i) any water intrusion, plumbing leak, roof leak, or flooding, and (ii) any visible Mold or musty odors; and
(f) comply with all reasonable Mold prevention policies promulgated by Landlord.

[// GUIDANCE: The 24-hour notice window aligns with industry best practices to limit Mold amplification.]

3.3 Inspection & Maintenance—Landlord Obligations.

(a) Landlord shall maintain the Premises in a habitable condition and repair structural defects, plumbing leaks, or roof leaks within a commercially reasonable time after written notice, consistent with S.D. Codified Laws § 43-32-9.
(b) Landlord may enter the Premises upon [24] hours’ notice, or sooner in an emergency, to inspect for Mold or Elevated Moisture Conditions and to perform Remediation.
(c) Landlord shall document all inspections and, upon written request, provide Tenant with a summary of findings.

3.4 Remediation Protocol.

(a) Trigger. Discovery of (i) visible Mold greater than ten square feet in any contiguous area, or (ii) an Elevated Moisture Condition, shall trigger Remediation under this Section 3.4.
(b) Qualified Contractor. Remediation shall be performed by a contractor experienced in mold remediation and appropriately licensed or certified where required.
(c) Temporary Relocation. If Remediation renders the Premises wholly or partially unusable for more than [48] hours, Landlord, at Landlord’s option:
(1) shall provide Tenant with comparable temporary housing at Landlord’s expense; or
(2) shall abate rent proportionately for the affected period.
(d) Clearance. Following Remediation, Landlord shall obtain written verification of completion from the contractor (“Clearance Report”) and furnish a copy to Tenant.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each Party represents it has full power and authority to execute and perform this Addendum.

4.2 Landlord Representations. As of the Effective Date:
(a) Landlord is not aware of any outstanding governmental citations regarding Mold at the Premises; and
(b) to Landlord’s knowledge, there are no Mold conditions other than those disclosed in the Disclosure Materials.

4.3 Tenant Reliance; No Additional Warranties. Tenant acknowledges that except as expressly stated in this Section IV, Landlord has made no other representations or warranties, express or implied, regarding the absence of Mold.

4.4 Survival. The representations and warranties in this Addendum survive termination of the Lease for one (1) year with respect to conditions existing during tenancy.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall comply with Section 3.2 and cooperate with all reasonable Mold inspections and Remediation efforts.

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) disable or tamper with HVAC or ventilation systems;
(b) introduce water‐producing appliances (e.g., humidifiers, aquariums over [X] gallons) without prior written consent; or
(c) paint over or otherwise conceal Mold or water damage.

5.3 Notice & Cure. Any alleged breach of this Addendum requires written notice and a cure period of [5] business days (or less in an emergency) before escalation under Section VI.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a default:
(a) Tenant’s failure to comply with Section 3.2 or 5.2;
(b) Landlord’s failure to commence Remediation within a reasonable time after notice under Section 3.4(a); or
(c) any misrepresentation under Section IV.

6.2 Cure Periods.
(a) Tenant default: 3 days after notice.
(b) Landlord default: 5 business days after notice, subject to force majeure (Section 7.4).

6.3 Remedies.
(a) Non-defaulting Party may seek injunctive relief in the Forum Court to enforce habitability obligations, without posting bond, in accordance with S.D. Codified Laws §§ 21-8-1 et seq.
(b) In addition to remedies under the Lease, the non-defaulting Party may recover Actual Damages and reasonable attorneys’ fees and costs.
(c) Repeated violations (two or more within any twelve-month period) constitute a material breach of the Lease permitting termination on 30 days’ written notice.

VII. RISK ALLOCATION

7.1 Indemnification.
(a) Landlord shall indemnify, defend, and hold harmless Tenant from Actual Damages arising from (i) Landlord’s negligent failure to repair structural defects, or (ii) Landlord’s negligent Remediation.
(b) Tenant shall indemnify, defend, and hold harmless Landlord from Actual Damages arising from Tenant’s breach of Section 3.2 or 5.2, or Tenant’s negligence or willful misconduct.

7.2 Limitation of Liability. Except for (i) personal injury or death caused by a Party’s negligence; or (ii) a Party’s indemnity obligations under Section 7.1, the liability of either Party for claims arising under this Addendum is limited to Actual Damages. Punitive, consequential, or exemplary damages are expressly disclaimed.

7.3 Insurance. Tenant is advised to procure renters’ insurance covering mold-related personal property loss. Landlord maintains property insurance but makes no representation that such policy covers Tenant’s personal property.

7.4 Force Majeure. Delays due to fire, flood, or other events beyond a Party’s reasonable control toll the cure periods herein, provided the affected Party diligently pursues performance once the force majeure event ends.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by the laws of the State of South Dakota, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the Forum Court.

8.3 Arbitration Excluded. The Parties expressly opt out of arbitration; any clause in the Lease to the contrary is superseded.

8.4 Preservation of Jury Right. Nothing in this Addendum constitutes a waiver of either Party’s constitutional right to a trial by jury.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek injunctive or other equitable relief to enforce habitability obligations or prevent irreparable harm relating to Mold.

IX. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both Parties.

9.2 Assignment & Delegation. Tenant may not assign this Addendum or delegate duties without Landlord’s prior written consent; any attempted assignment or delegation in violation hereof is void.

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 unenforceable, the remainder of this Addendum remains in effect and is construed to give maximum lawful effect to the Parties’ intent.

9.5 Integration. This Addendum and the Lease constitute the entire agreement of the Parties respecting Mold and supersede all prior or contemporaneous oral or written agreements on that subject.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and may be signed electronically, each of which is enforceable as an original signature.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Mold Disclosure & Prevention Addendum as of the Effective Date.

EXHIBIT A

Disclosure Materials (attach inspection reports, laboratory results, photographs, etc.)

[// GUIDANCE: Attach any third-party mold inspection or lab test reports, along with the EPA pamphlet, to satisfy disclosure obligations and provide a clear evidentiary record.]