Residential Lease Addenda - Mold Disclosure - Utah

RESIDENTIAL LEASE

MOLD DISCLOSURE & MOISTURE CONTROL ADDENDUM

(Utah – Governed by the Utah Fit Premises Act, Utah Code Ann. § 57-22-1 et seq.)

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. Utah law requires disclosure of known material conditions affecting habitability, including mold and moisture issues.
   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” – An individual or entity licensed (where required) or duly qualified by training or certification (e.g., IICRC S520) to investigate or remediate mold.

“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. Landlord has conducted a reasonable visual inspection of accessible areas and, as of the Effective Date, (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 acknowledges receiving possession of the Premises on [POSSESSION DATE] and shall, within seventy-two (72) hours, notify Landlord in writing of any Visible Mold or Elevated Moisture discovered. Failure to timely notify constitutes prima facie evidence that no such condition existed at move-in.

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) Immediately (and in no case later than twenty-four (24) hours) provide Notice to Landlord of any leak, flooding, Elevated Moisture, or suspected Mold.

2.2 Landlord Obligations. Landlord shall:
a) Maintain the Building’s structural, plumbing, HVAC, and weatherproofing components in good repair;
b) Respond to Tenant’s Mold or moisture reports within a commercially reasonable time, not to exceed five (5) business days, subject to Force Majeure;
c) Provide and maintain functional exhaust fans in kitchens and bathrooms.

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 Landlord’s representations survive only to the extent expressly provided herein and are subject to Tenant’s mitigation and reporting duties.

2. Tenant Representations
   2.1 Tenant has received: (i) this Addendum; (ii) the U.S. Environmental Protection Agency brochure “A Brief Guide to Mold, Moisture, and Your Home”; and (iii) any local health department fact sheets.
   2.2 Tenant is not relying on any oral statements regarding Mold not contained herein.

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 perform Remediation in accordance with the IICRC S520 or comparable industry standard 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 failure to perform duties in Section III.2.1 or V.1 after written Notice and forty-eight (48) hours to cure;
   b) Tenant’s obstruction of access as stated in Section III.3.

2. Landlord Remedies
   Upon Default, Landlord may pursue remedies available under the Lease and independently applicable Utah law. Utah Code § 57-22-6 governs renter remedies for a deficient condition; it does not itself grant the Landlord termination, eviction, damages, or injunction remedies formerly attributed to it here.

3. Tenant Remedies
   Nothing herein waives Tenant’s statutory rights under Utah Code §§ 57-22-3, 57-22-4, and 57-22-6. Rent abatement and repair-and-deduct require strict compliance with § 57-22-6; any injunction requires an independently available legal basis.

4. Attorney Fees
   The prevailing party in any action arising under this Addendum shall be entitled to reasonable attorney fees and costs.

VII. RISK ALLOCATION

1. Indemnification
   Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against all claims, losses, or liabilities (including bodily injury, property damage, and reasonable attorney fees) arising from Tenant’s breach of this Addendum or negligence in causing or failing to report Mold or Elevated Moisture, except to the extent caused by Landlord’s gross negligence or willful misconduct.

2. Limitation of Liability
   Landlord’s aggregate liability for damages arising under this Addendum or related to Mold shall not exceed actual, direct damages proved, and shall in no event include consequential, punitive, or speculative damages.

3. Insurance
   Tenant is advised to obtain renter’s insurance covering mold-related personal property loss. Landlord’s insurance does not cover Tenant’s personal property.

4. Force Majeure
   Delays in Remediation caused by events beyond Landlord’s reasonable control (e.g., act of God, governmental order, labor shortage) extend performance deadlines for the duration of the delay.

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
   Exclusive venue shall lie in the [COUNTY] Justice Court or District Court for the county in which the Premises are located.

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

4. Jury Trial
   The Parties acknowledge the constitutional right to trial by jury and do not waive that right.

5. Injunctive Relief
   Either Party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without posting bond to the extent permitted by law.

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 remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with 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
   This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted by electronic means (e.g., DocuSign, PDF) are deemed valid and binding.

X. EXECUTION BLOCK

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

[OPTIONAL NOTARY ACKNOWLEDGMENT – use if required by local recording or if underlying Lease is notarized.]

ATTACHMENTS

• Attachment A – Landlord Mold Condition Disclosure Statement
• Attachment B – EPA “A Brief Guide to Mold, Moisture, and Your Home” (acknowledged receipt)