MOLD DISCLOSURE AND PREVENTION ADDENDUM

to Residential Lease Agreement – State of Washington

[// GUIDANCE: Attach this Addendum to the parties’ primary “Residential Lease Agreement” (the “Lease”). All capitalized terms not defined herein have the meanings assigned in the Lease.]

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.
   This Mold Disclosure and Prevention Addendum (this “Addendum”) is made as of [EFFECTIVE DATE] by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE/STATE] (“Landlord”), and [TENANT LEGAL NAME(S)] (“Tenant”). Landlord and Tenant may be referred to individually as a “Party” and collectively as the “Parties.”

2. Recitals.
   A. Landlord and Tenant have entered into, or are concurrently entering into, that certain Residential Lease Agreement dated [LEASE DATE] concerning the premises located at [PROPERTY ADDRESS] (the “Premises”).
   B. Washington law, including RCW 59.18.060(12), requires delivery of specific mold disclosures and imposes duties upon both landlords and tenants to prevent and remediate mold growth.
   C. The Parties wish to supplement the Lease to address mold‐related disclosures, obligations, and remedies, allocating risk and ensuring habitability in accordance with applicable law.

3. Consideration & Incorporation.
   For good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree that this Addendum is incorporated into and made part of the Lease as if fully set forth therein.

II. DEFINITIONS

The following terms are used in this Addendum:

“Affected Area” – The portion of the Premises where Mold Condition is present or suspected.
“Habitability Standard” – The minimum standard of habitability prescribed under RCW 59.18 et seq. and any applicable local housing code.
“Mold” – Any mold, mildew, fungus, microbial contamination, or spores thereof, visible or not, that may pose a risk to health or property.
“Mold Condition” – The presence, or reasonably suspected presence, of excessive moisture, water intrusion, or Mold that may violate the Habitability Standard.
“Notice” – Written notice delivered in accordance with the Lease and Section IX.2 of this Addendum.
“Remediation” – Assessment, removal, cleaning, sanitizing, drying, or repair activities performed to permanently correct a Mold Condition, in compliance with industry standards.

[// GUIDANCE: Add additional defined terms consistent with the underlying Lease if needed.]

III. OPERATIVE PROVISIONS

3.1 Delivery of State Pamphlet.
Landlord has provided Tenant with the then-current Washington State Department of Health information pamphlet entitled “A Brief Guide to Mold, Moisture, and Your Home” (the “Mold Pamphlet”). Tenant acknowledges receipt by initialing below:
Tenant Initials: _ _ __

3.2 Visual Disclosure.
Landlord discloses that, to the best of Landlord’s actual knowledge, after a reasonable inspection of accessible areas:
☐ No Mold Condition exists at the Premises as of the Effective Date.
☐ Mold Condition exists or has previously existed at the locations described in Exhibit A attached hereto. Landlord represents that any such condition has been Remediated.

3.3 Tenant Acknowledgment.
Tenant has inspected, or had the right to inspect, the Premises and has found no visible Mold Condition except as disclosed above.

3.4 Term; Survival.
This Addendum remains in effect for the Lease Term and any holdover period. Obligations relating to the reporting or remediation of a Mold Condition survive expiration or termination of the Lease to the extent required to address Mold present during Tenant’s occupancy.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Warranties.
a. Habitability. Landlord warrants that, as of the Effective Date, the Premises comply with the Habitability Standard, are free from known Mold Condition(s), and are fit for occupancy.
b. Remediation. Any prior Mold Condition disclosed has been Remediated by personnel trained in accordance with applicable industry guidelines (e.g., IICRC S520).

4.2 Tenant’s Warranties.
a. Inspection. Tenant warrants that Tenant has inspected the Premises and found them suitable for occupancy, subject to the disclosures herein.
b. Conduct. Tenant warrants that Tenant will use and maintain the Premises in a manner that does not knowingly contribute to the development of Mold.

4.3 Survival. All representations and warranties survive the execution of this Addendum and shall not merge into any deed or other conveyance.

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants.
a. Ongoing Maintenance. Landlord shall maintain the building envelope, plumbing, roofing, and HVAC systems in good repair so as to prevent water intrusion and promote adequate ventilation.
b. Remediation Obligation. Upon receipt of Notice of a Mold Condition that is not the result of Tenant’s breach, Landlord will, within 5 business days (or sooner if required by law), (i) inspect the Affected Area, and (ii) commence and diligently pursue Remediation to completion.

5.2 Tenant Covenants.
a. Prevention Practices. Tenant shall (i) keep the Premises clean and dry, (ii) promptly remove visible moisture, (iii) operate bathroom/kitchen exhaust fans, and (iv) maintain heating and ventilation at reasonable levels.
b. Notice of Moisture. Tenant shall provide Landlord with written Notice of any water leaks, excessive moisture, or Mold within 24 hours of discovery.
c. Access. Tenant shall grant Landlord or its contractors reasonable access, on not less than 24 hours’ Notice (except in emergency), to inspect and Remediate any Mold Condition.
d. Prohibition. Tenant shall not paint over, conceal, or attempt self-remediation of Mold without Landlord’s written consent, except for minor surface cleaning with household cleaners.

VI. DEFAULT & REMEDIES

6.1 Tenant Breach.
Failure by Tenant to (i) adhere to prevention practices, (ii) provide Notice, or (iii) grant access as required constitutes a material breach of the Lease and this Addendum. Upon Tenant’s breach:
1. Landlord may deliver a 10-day cure notice pursuant to RCW 59.12.030(4).
2. If Tenant fails to cure within the notice period, Landlord may pursue eviction, damages, or other remedies permitted under the Lease and state law.

6.2 Landlord Breach.
If Landlord fails to commence Remediation within the timeframe required under Section 5.1(b), Tenant may:
1. Provide a written 10-day cure notice;
2. If uncured, pursue statutory remedies, including but not limited to rent abatement or repair-and-deduct in the manner authorized by RCW 59.18.100, or seek injunctive relief to enforce habitability (see Section VIII.3).

6.3 Mitigation.
Each Party shall use commercially reasonable efforts to mitigate its damages arising from the other Party’s default.

VII. RISK ALLOCATION

7.1 Indemnification.
a. By Tenant. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any claims, losses, or liabilities (including reasonable attorneys’ fees) arising out of Tenant’s breach of Section 5.2, except to the extent caused by Landlord’s negligence or willful misconduct.
b. By Landlord. Landlord shall indemnify, defend, and hold harmless Tenant from and against any claims, losses, or liabilities resulting from (i) Landlord’s breach of Section 5.1, or (ii) Landlord’s negligent remediation activities.

7.2 Limitation of Liability.
Except for (a) willful misconduct, or (b) obligations expressly required by statute, neither Party shall be liable for consequential, special, or punitive damages. Liability is limited to actual, direct damages proven in accordance with applicable law.

7.3 Insurance.
Landlord shall maintain property insurance covering the structure; Tenant is advised to procure renter’s insurance covering personal property and liability, which may include mold-related coverage.

7.4 Force Majeure.
Delays in Remediation caused by events beyond the reasonable control of the responsible Party (e.g., natural disasters, labor strikes) shall extend cure periods on a day-for-day basis, provided that the Party claiming force majeure gives prompt Notice and diligently resumes performance.

VIII. DISPUTE RESOLUTION

8.1 Governing Law.
This Addendum and the Lease are governed by the residential landlord-tenant laws of the State of Washington (including RCW 59.18 et seq.) without regard to conflict-of-laws principles.

8.2 Forum Selection.
The Parties consent to exclusive jurisdiction and venue in the [COUNTY NAME] Housing Court (or other court of competent jurisdiction within the State of Washington) for any action arising out of this Addendum.

8.3 Injunctive Relief.
Nothing herein shall limit either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce the Habitability Standard or prevent imminent harm to health or property.

8.4 Arbitration Excluded.
The Parties expressly agree that disputes shall not be subject to arbitration.

8.5 Jury Trial.
Nothing in this Addendum constitutes a waiver of the constitutional right to a jury trial.

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. A waiver on one occasion is not a waiver of any subsequent breach.

9.2 Notices.
Notices under this Addendum must be delivered in accordance with the Notice requirements of the Lease, and copied via email to [LANDLORD EMAIL] and [TENANT EMAIL] (if provided).

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

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

9.5 Severability.
If any provision of this Addendum is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to effectuate the Parties’ intent.

9.6 Integration.
This Addendum, together with the Lease and any incorporated exhibits, constitutes the entire agreement concerning Mold matters and supersedes all prior or contemporaneous communications on such subject.

9.7 Counterparts; Electronic Signatures.
This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are deemed originals and enforceable.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the date first written above.

[// GUIDANCE: If Washington notarization or witness signatures are customary in residential leases within your county, add the appropriate acknowledgment blocks here.]

EXHIBIT A

(Location and description of any known Mold Condition and summary of remedial action taken.)

[// GUIDANCE:
1. Statutory Citation: RCW 59.18.060(12) mandates disclosure of mold information; ensure the current pamphlet version is delivered.
2. Local Variations: Some Washington municipalities impose stricter timelines for remediation; verify and insert specific local requirements as applicable.
3. Risk Transfer: Review existing lease indemnity/insurance clauses to prevent conflicting obligations.
4. Tenant Education: Provide tenant with practical instructions (e.g., use of dehumidifiers) separately; do not integrate advice that could dilute legal enforceability within the Addendum text.
]