Residential Lease Addenda - Mold Disclosure - Vermont

Mold Disclosure and Prevention Addendum

to Residential Lease Agreement – State of Vermont

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 nonwaivable warranty of habitability under 9 V.S.A. § 4457 and applicable building, housing, and health regulations.

“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 assess the report and determine remediation steps within [____] ☐ calendar days ☐ business days. This is a contractual coordination target, not a deadline stated in 9 V.S.A. §§ 4457-4458.
(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, after actual notice, Landlord fails to make repairs within a reasonable time and the Condition materially affects health and safety, Tenant may use the remedies in 9 V.S.A. § 4458, unless the Condition was caused by Tenant's negligent or deliberate act or omission or that of a person on the Premises with Tenant's consent.

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 & Response. A party asserting noncompliance shall give written notice specifying the condition and requested response. No fixed period in this Addendum replaces § 4458's actual-notice, reasonable-time, material-health-and-safety framework or any termination notice required by § 4467.

6.3 Remedies.
(a) Landlord may seek documented remediation costs or termination only when current law and the proven facts authorize that relief; no charge becomes Additional Rent merely by label.
(b) Tenant may exercise the remedies in 9 V.S.A. § 4458 when its conditions are met. Section 4459 is a separate minor-defect repair-and-deduct rule, not proportional rent abatement.

6.4 Attorneys’ Fees. Fees and costs are available only when a statute, rule, or independently enforceable agreement authorizes them; this Addendum creates no blanket prevailing-party right.

7. NONWAIVER AND RESPONSIBILITY ALLOCATION

7.1 Nonwaiver. Nothing in this Addendum waives or limits an obligation or remedy under 9 V.S.A. chapter 137. Any conflicting term is ineffective to the extent required by § 4454.

7.2 No Automatic Indemnity or Cap. This Addendum creates no blanket indemnity, defense duty, damages exclusion, liability cap, fee right, or force-majeure excuse for nonwaivable habitability and health-and-safety duties.

7.3 Insurance. The parties may record relevant property or renters' insurance information here without representing that a policy covers Mold: [________________________________].

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. Any proceeding shall be brought in a court of competent jurisdiction. Verify subject-matter jurisdiction, venue, and any municipal housing-board procedure before filing.

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. Under 9 V.S.A. § 276, a record or signature may not be denied legal effect solely because it is electronic, subject to the Act's scope, party intent, attribution, and any other applicable execution rule.

10. EXECUTION BLOCK

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

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]