Mold Disclosure and Prevention Addendum

to Residential Lease Agreement – State of Vermont

[// GUIDANCE: This Addendum is intended to be attached to and made a part of a pre-existing Residential Lease Agreement (“Lease”). Review the Lease for consistency of defined terms, notice provisions, and execution formalities.]

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

1. DOCUMENT HEADER

Addendum Title: Mold Disclosure and Prevention Addendum (“Addendum”)
Date: [EFFECTIVE DATE]
Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE], with a mailing address of [LANDLORD ADDRESS] (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)] with a mailing address of [TENANT ADDRESS] (“Tenant”)
Premises: The residential dwelling located at [PREMISES ADDRESS] as defined in the Lease
Referenced Lease: Residential Lease Agreement dated [LEASE DATE] between Landlord and Tenant (the “Lease”)

Recitals

A. Landlord and Tenant entered into the Lease for the Premises.
B. Pursuant to Vermont’s Residential Rental Agreements Act, 9 V.S.A. § 4451–4468, Landlord must provide habitable premises, inclusive of moisture and mold control.
C. The parties desire to supplement the Lease to comply with applicable disclosure requirements and to allocate responsibilities concerning the prevention, remediation, and disclosure of mold.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

2. DEFINITIONS

The following terms, when capitalized, shall have the meanings set forth below:

“Addendum” – This Mold Disclosure and Prevention Addendum.

“Condition” – The presence of, or conditions conducive to, indoor mold growth on surfaces of the Premises.

“Habitability Standard” – The minimum statutory standard of habitability under 9 V.S.A. § 4458 and any applicable local housing code.

“Lease” – The Residential Lease Agreement identified in the Document Header, as amended from time to time.

“Moisture Intrusion” – Water, humidity, or vapor penetration from any source that may promote mold growth.

“Mold” – Microscopic fungi or mold spores that can grow on building materials or furnishings when moisture is present.

“Premises” – The dwelling and any appurtenant areas rented exclusively or jointly to Tenant, as defined in the Lease.

3. OPERATIVE PROVISIONS

3.1 Incorporation. This Addendum is incorporated into and amends the Lease. In the event of conflict, this Addendum shall govern with respect to Mold matters.

3.2 Disclosure of Known Mold.
(a) Landlord states that, to Landlord’s actual knowledge as of the Effective Date, the Premises [SELECT ONE]:
 [ ] contain no known Condition;   [ ] contain the following Condition(s): _____.
(b) Landlord attaches hereto Exhibit A (if applicable) describing any prior testing or remediation.

3.3 Inspection Prior to Occupancy. Tenant acknowledges that Tenant has inspected the Premises or had the opportunity to do so and [SELECT ONE]:
 [ ] observed no visible Mold;   [ ] observed the following: _____.

3.4 Prevention Obligations.
(a) Landlord shall:
 (i) maintain the Premises in compliance with the Habitability Standard;
 (ii) repair building systems (roofs, plumbing, HVAC) to prevent Moisture Intrusion within a commercially reasonable time after notice; and
 (iii) provide written maintenance instructions (attached as Exhibit B) regarding ventilation and moisture control.

(b) Tenant shall:
 (i) use reasonable efforts to control interior moisture, including operating exhaust fans, promptly reporting leaks, and maintaining heat at not less than [TEMPERATURE]°F in cold weather;
 (ii) not block or tamper with ventilation systems; and
 (iii) immediately notify Landlord in writing of any suspected Mold or Moisture Intrusion.

3.5 Remediation Procedures.
(a) Upon receipt of notice of a Condition, Landlord shall, within five (5) business days, inspect the Premises and determine remediation steps consistent with current U.S. EPA and VT Department of Health guidance.
(b) If Landlord determines that Tenant’s negligence or willful misconduct caused or materially contributed to the Condition, Tenant shall bear the cost of remediation. Otherwise, Landlord shall remediate at Landlord’s expense.
(c) Tenant shall grant reasonable access for inspection and remediation in accordance with 9 V.S.A. § 4460.

3.6 Habitability Remedy. If Landlord fails to remedy a Condition materially affecting habitability within the statutory time frames, Tenant may exercise the remedies provided under 9 V.S.A. § 4459, subject to the notice and cure requirements of Section 6 below.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations. Landlord represents that:
(a) Landlord has no actual knowledge of any Condition not disclosed in Section 3.2; and
(b) Landlord will perform all duties herein in a commercially reasonable manner consistent with applicable law.

4.2 Tenant Representations. Tenant represents that Tenant has received and reviewed:
(a) the disclosures in Section 3;
(b) the maintenance instructions in Exhibit B; and
(c) any testing or remediation reports attached as Exhibit A (if any).

4.3 Survival. The representations and warranties in this Addendum shall survive the expiration or earlier termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Affirmative Covenants. Tenant shall:
(a) maintain the Premises in a clean, sanitary condition to inhibit Mold;
(b) use dehumidifiers, air conditioners, or fans as reasonably necessary; and
(c) comply with all manufacturer instructions for appliances affecting humidity.

5.2 Tenant Negative Covenants. Tenant shall not:
(a) introduce plants, aquariums, or other moisture-producing items in excess of ordinary household use without prior written consent;
(b) repaint, re-carpet, or alter the Premises in a manner that may conceal Mold; or
(c) apply bleach or chemical agents that may cause toxic reactions without Landlord’s approval.

5.3 Monitoring. Landlord reserves the right to perform annual inspections on not less than forty-eight (48) hours’ prior written notice.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute Events of Default under this Addendum:
(a) Tenant’s failure to comply with Section 5 that results in a Condition;
(b) Landlord’s failure to initiate remediation as required under Section 3.5; or
(c) Any material breach of representations in Section 4.

6.2 Notice & Cure. A non-defaulting party must give written notice specifying the default. The defaulting party shall have:
(a) Landlord – ten (10) calendar days;
(b) Tenant – five (5) calendar days;
to cure, unless a shorter period is required by statute due to imminent health risk.

6.3 Graduated Remedies.
(a) If Tenant defaults, Landlord may (i) enter to cure at Tenant’s expense, (ii) charge such expense as Additional Rent, or (iii) pursue lease termination under the Lease.
(b) If Landlord defaults, Tenant may exercise statutory remedies, including rent withholding or termination under 9 V.S.A. § 4459, but only after strict compliance with notice and cure requirements.

6.4 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum shall be entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Indemnification. Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its agents, and employees from and against any losses, claims, or damages (including bodily injury) arising out of or related to the Indemnifying Party’s breach of this Addendum or negligent acts regarding Mold.

7.2 Limitation of Liability. EXCEPT FOR CLAIMS RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. LIABILITY IS LIMITED TO ACTUAL DAMAGES PROVEN.

7.3 Insurance. Landlord shall maintain property insurance covering remediation costs. Tenant is strongly advised to obtain renters’ insurance inclusive of mold-related personal property losses.

7.4 Force Majeure. Delays caused by events beyond a party’s reasonable control (excluding financial inability) shall extend performance deadlines provided the affected party gives prompt notice.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws governing landlord-tenant relations in the State of Vermont.

8.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the Vermont Superior Court, Housing Division (or its successor) covering the county in which the Premises are located.

8.3 Arbitration. The parties expressly opt out of arbitration.

8.4 Jury Trial. Nothing herein constitutes a waiver of any constitutional right to jury trial.

8.5 Injunctive Relief. Either party may seek equitable or injunctive relief to enforce the Habitability Standard or to prevent irreparable harm related to Mold.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Any amendment or waiver must be in a written instrument signed by both parties and referencing this Addendum.

9.2 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as permitted in the Lease.

9.3 Successors & Assigns. This Addendum is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder shall continue in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

9.5 Integration. This Addendum, together with the Lease and any prior amendments, constitutes the entire agreement on Mold matters and supersedes all prior discussions.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures delivered electronically shall be deemed originals.

10. EXECUTION BLOCK

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

[// GUIDANCE: Vermont does not require notarization for residential leases, but notarization may enhance evidentiary reliability. Add a notary block if desired.]

EXHIBIT A

Prior Mold Testing / Remediation Reports
[ATTACH OR INSERT “None”]

EXHIBIT B

Tenant Mold Prevention & Maintenance Instructions
[INSERT DETAILED INSTRUCTIONS, E.G., HVAC FILTER SCHEDULE, VENTILATION BEST PRACTICES]

[// GUIDANCE: Before use, confirm that the Lease’s notice addresses, defined term “Additional Rent,” and repair timelines align with this Addendum. Adjust cure periods if the base Lease already specifies different timelines and ensure compliance with any municipal ordinances imposing stricter standards.]