Residential Lease Addenda - Mold Disclosure - Utah

RESIDENTIAL LEASE

MOLD DISCLOSURE & MOISTURE CONTROL ADDENDUM

(Utah – governed by the Utah Fit Premises Act)

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]” (“Landlord”), whose notice address is [LANDLORD ADDRESS].
   1.2 “[TENANT LEGAL NAME]” (“Tenant”), collectively with Landlord, the “Parties.”

2. Property
   2.1 Street Address: [PROPERTY ADDRESS] (“Premises”).

3. Recitals
   A. The Parties have entered into the Lease dated [EFFECTIVE DATE OF LEASE].
   B. Landlord states the known mold and moisture conditions in Attachment A so the Parties have a shared condition record.
   C. The Parties desire to set forth their respective rights and obligations regarding mold prevention, disclosure, and remediation.

4. Incorporation & Consideration
   4.1 This Addendum is incorporated into the Lease effective [ADDENDUM EFFECTIVE DATE] (the “Effective Date”) and is supported by mutual consideration acknowledged as adequate.

II. DEFINITIONS

For ease of reference, capitalized terms below have the meanings assigned:

“Building” – The structure(s) in which the Premises are located, together with all Common Areas.

“Elevated Moisture” – The presence of water, dampness, humidity, or condensation in quantities exceeding those normally and reasonably anticipated within residential dwelling spaces.

“Lease” – The Residential Lease Agreement identified in Section I.3.

“Mold” – Any microscopic fungi or spores visible or capable of amplification within the Premises.

“Notice” – A written communication delivered in accordance with Lease notice provisions.

“Premises” – See Section I.2.

“Professional Remediator” – A contractor selected to investigate or remediate mold under an agreed scope of work and applicable law.

“Remediation” – The process of evaluating, containing, removing, treating, and clearing mold or moisture intrusion in accordance with industry standards.

“Visible Mold” – Mold growth on surfaces discernable to the unaided eye.

III. OPERATIVE PROVISIONS

1. Disclosure of Existing Conditions
   1.1 Landlord’s Statement. As of the Effective Date, after reviewing available condition information (check one):
   ☐ No Visible Mold or Elevated Moisture was observed.
   ☐ Visible Mold or Elevated Moisture exists as detailed in Attachment A (Landlord Mold Condition Disclosure Statement).
   1.2 Tenant’s Initial Inspection. Tenant receives possession on [POSSESSION DATE] and may record visible conditions in Attachment A. Tenant shall notify Landlord promptly after discovering Visible Mold or Elevated Moisture. A later report is evaluated on its facts and does not, by itself, establish when a condition began.

2. Mold Prevention Obligations
   2.1 Tenant Obligations. Tenant shall:
   a) Maintain the Premises in a clean, sanitary condition, including regular removal of trash;
   b) Use appropriate ventilation (e.g., exhaust fans, open windows) during showers, cooking, and laundry;
   c) Heat the Premises in cold weather to minimize condensation;
   d) Promptly mop up spills and keep all plumbing fixtures free of obstructions;
   e) Keep furniture and personal items from blocking HVAC returns or preventing air circulation;
   f) Promptly notify Landlord after discovering a leak, flooding, Elevated Moisture, or suspected Mold, using any reasonable means in an emergency and following with written details when practicable.

2.2 Landlord Obligations. Landlord shall:
a) Maintain the Building’s structural, plumbing, HVAC, and weatherproofing components in good repair;
b) Respond promptly to reports. For a dangerous condition under Utah Code § 57-22-6(3), commence remedial action within 24 hours after notice and diligently pursue completion. For other reports, the Parties set a five-business-day response target that does not postpone any statutory duty;
c) Maintain ventilation equipment supplied under the Lease and applicable law.

3. Access for Inspection & Remediation
   Tenant grants Landlord, its agents, and Professional Remediators access upon at least twenty-four (24) hours’ Notice (or immediately in emergencies) to inspect, sample, or remediate Mold or Elevated Moisture.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Representations
   1.1 To Landlord’s actual knowledge, there is no condition materially affecting habitability except as disclosed in Attachment A.
   1.2 The Parties will document any later-discovered condition and address it under the Lease and applicable law.

2. Tenant Representations
   2.1 Tenant acknowledges receipt of this Addendum and the following materials actually delivered: ☐ EPA brochure “A Brief Guide to Mold, Moisture, and Your Home” ☐ local health department fact sheet identified as [________] ☐ none.
   2.2 Tenant may attach additional notes about any condition observed before signing.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenants
   a) Not to introduce items containing active Mold colonies into the Premises;
   b) To comply with any reasonable written mold-prevention rules promulgated by Landlord;
   c) Not to disable or impede operation of HVAC or dehumidification equipment.

2. Landlord Covenants
   Landlord shall arrange Remediation under a written scope of work appropriate to the observed condition and applicable law.

3. Prohibited Acts
   Tampering with or removing moisture-control devices or covering ventilation grilles constitutes a material breach of the Lease.

VI. DEFAULT & REMEDIES

1. Events of Default
   a) Tenant’s material failure to perform duties in Section III.2.1 or V.1 after written notice and a reasonable opportunity to cure, subject to any notice or process required by law;
   b) Tenant’s obstruction of access as stated in Section III.3.

2. Landlord Remedies
   Upon a Tenant default, Landlord may pursue remedies available under the Lease and independently applicable Utah law. Utah Code § 57-22-6 does not grant a general landlord remedy for Tenant default. Its separate subsection (4)(c) permits an owner of a unit unfit for occupancy to elect termination instead of correction after a qualifying notice of deficient condition, subject to that subsection's written-notice, refund, and move-out protections.

3. Tenant Remedies
   Nothing herein limits either Party's rights under Utah Code §§ 57-22-3 through 57-22-6. A statutory rent-abatement or repair-and-deduct remedy requires the written notice, chosen remedy, corrective period, and other conditions of § 57-22-6. Emergency notice under § 57-22-6(3) alone is not the written remedy notice under subsection (2).

4. Attorney Fees
   In an action under the Utah Fit Premises Act, the court may award costs and reasonable attorney fees to the prevailing party under Utah Code § 57-22-6(7). Any contractual fee claim remains subject to applicable law.

VII. RISK ALLOCATION

1. Responsibility
   Each Party remains responsible for its own duties under the Lease and applicable law. This Addendum does not shift responsibility for a condition caused by the other Party or limit any remedy available under Utah Code § 57-22-6.

2. Insurance
   Tenant may review any renter's insurance for mold-related personal-property coverage; coverage depends on the applicable policy.

3. Unavoidable Delays
   A Party facing a delay beyond its reasonable control shall promptly notify the other Party and take reasonable steps to reduce harm. This clause does not extend a statutory corrective period or excuse Utah Code § 57-22-6(3)'s duty to begin action on a dangerous condition.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Addendum and the Lease shall be governed by the Utah Fit Premises Act and other applicable Utah landlord-tenant law.

2. Forum Selection
   A court action shall be brought in a court with jurisdiction over the claim and a proper venue under applicable law.

3. Arbitration
   The Parties expressly exclude arbitration; all disputes shall be resolved in the courts identified above.

4. Jury Trial
   This Addendum does not include a jury-trial waiver.

5. Injunctive Relief
   Either Party may ask a court for injunctive relief to enforce applicable habitability obligations. A request for a temporary restraining order or preliminary injunction remains subject to Utah R. Civ. P. 65A, including the court's security determination.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both Parties. A waiver on one occasion is not a waiver on any subsequent occasion.

2. Assignment
   Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

3. Severability
   If any provision is held invalid or unenforceable, the Parties intend the remainder to remain effective to the extent permitted by law.

4. Integration
   This Addendum, the Lease, and any attachments constitute the entire agreement on the subject of mold, superseding all prior discussions or representations.

5. Counterparts & Electronic Signatures
   The Parties agree to accept counterparts and signatures transmitted electronically to the extent permitted by applicable law.

X. EXECUTION BLOCK

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

[OPTIONAL NOTARY ACKNOWLEDGMENT, if the Parties choose to use one.]

ATTACHMENT A — CONDITION RECORD

Additional documents actually attached: [________________________________]

Landlord initials: [____] Tenant initials: [____]

Optional Attachment B: EPA “A Brief Guide to Mold, Moisture, and Your Home,” if actually delivered and checked in Section IV.2.1.