MOLD DISCLOSURE ADDENDUM
to that certain Residential Lease Agreement for Premises Located in the State of Wisconsin
[// GUIDANCE: This template is drafted to integrate seamlessly with a standard Wisconsin residential lease. Replace all bracketed text with deal-specific information and delete these guidance comments prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Addendum Title: Mold Disclosure Addendum (“Addendum”)
Landlord: [LANDLORD LEGAL NAME], a [Wisconsin/foreign] [entity type] (“Landlord”)
Tenant: [TENANT LEGAL NAME(S)] (“Tenant”)
Original Lease: Residential Lease dated [LEASE DATE] (the “Lease”) for the residential dwelling located at [PREMISES ADDRESS] (the “Premises”)
Effective Date of Addendum: [DATE] (the “Effective Date”)
Jurisdiction & Governing Law: This Addendum shall be governed by and construed under the residential landlord-tenant laws of the State of Wisconsin, including Wis. Stat. ch. 704 and Wis. Admin. Code ch. ATCP 134 (collectively, “State Landlord-Tenant Law”).
Consideration: The mutual covenants herein and in the Lease.
Incorporation: This Addendum is incorporated into and made part of the Lease. In the event of conflict, this Addendum controls as to mold-related matters.
2. DEFINITIONS
For purposes of this Addendum:
“Actual Damages” — The direct, out-of-pocket losses proved by a preponderance of the evidence, excluding special, consequential, punitive, or exemplary damages.
“Habitability Standards” — The minimum maintenance, health, and safety obligations imposed on residential landlords under Wis. Stat. § 704.07 and Wis. Admin. Code § ATCP 134.04.
“Mold Condition” — Visible mold growth or a condition likely to result in mold growth because of persistent moisture intrusion, water leaks, or inadequate ventilation within the Premises.
“Remediation” — The process of cleaning, removing, treating, or disposing of mold-impacted materials in accordance with industry-accepted standards such as the ANSI/IICRC S520 Mold Remediation Standard (current edition).
“State Housing Court” — The circuit court branch or small-claims division in the Wisconsin county where the Premises is located having jurisdiction over residential landlord-tenant disputes.
3. OPERATIVE PROVISIONS
3.1 Disclosure of Prior or Existing Mold.
(a) Landlord discloses that, to the best of Landlord’s actual knowledge, the Premises [DOES / DOES NOT] currently contain a Mold Condition.
(b) If “DOES,” Landlord attaches as Schedule A a written description of (i) the location and extent of the Mold Condition; (ii) all Remediation efforts completed; and (iii) any ongoing monitoring required.
3.2 Tenant Inspection Right. Prior to occupancy, Tenant shall have the right to inspect the Premises for the limited purpose of identifying any apparent Mold Condition. Any concerns must be reported in writing to Landlord within twenty-four (24) hours of inspection.
3.3 No Warranty of Mold-Free Condition. Landlord does not warrant that the Premises is or will remain free of mold; however, Landlord warrants that, on the Commencement Date of the Lease, the Premises complies with Habitability Standards and that Landlord will perform its obligations under Section 5.1.
3.4 Consideration & Rent. No additional rent is charged by reason of this Addendum. Failure by Tenant to comply with Tenant’s obligations herein shall constitute a default under the Lease, triggering the remedies set forth in Section 6.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each Party represents it has full authority to enter into this Addendum.
4.2 Landlord Representations. Landlord represents:
(a) Landlord has disclosed all material facts known to Landlord regarding any Mold Condition at the Premises; and
(b) All prior Remediation (if any) was performed in accordance with then-applicable industry standards.
4.3 Tenant Representations. Tenant represents:
(a) Tenant has received and reviewed the EPA publication, “A Brief Guide to Mold, Moisture, and Your Home,” or an equivalent consumer brochure;
(b) Tenant has been provided an opportunity to inspect the Premises; and
(c) Tenant is not relying on any statement or promise regarding mold other than those expressly set forth herein.
4.4 Survival. The representations and warranties in this Section 4 survive the termination or expiration of the Lease for a period of two (2) years.
5. COVENANTS & RESTRICTIONS
5.1 Landlord’s Covenants. Landlord shall:
(a) Maintain the Premises in habitable condition per Habitability Standards;
(b) Promptly repair any water leaks in roofs, windows, plumbing, or HVAC systems upon notice or discovery;
(c) Perform or contract for Remediation of any Mold Condition materially affecting habitability within a reasonable time, not to exceed fourteen (14) days after notice, unless delayed by force majeure; and
(d) Provide Tenant reasonable relocation or rent abatement during any Remediation that renders the Premises uninhabitable, consistent with Wis. Stat. § 704.07(4).
5.2 Tenant’s Covenants. Tenant shall:
(a) Use reasonable efforts to prevent mold growth, including promptly drying spills, using bathroom/kitchen exhaust fans, and maintaining reasonable interior humidity (30-60%);
(b) Promptly notify Landlord in writing of any water infiltration, excessive moisture, or suspected Mold Condition, but in no event later than forty-eight (48) hours after discovery;
(c) Cooperate with Landlord’s reasonable requests to inspect and remediate; and
(d) Not interfere with, nor delay, Remediation activities.
5.3 Prohibited Activities. Tenant shall not introduce any water source or structural alteration likely to cause a Mold Condition without Landlord’s prior written consent.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Tenant Default: (i) Failure to give notice of a known Mold Condition; (ii) failure to allow access for inspection or Remediation; or (iii) conduct causing a Mold Condition through negligence or willful misconduct.
(b) Landlord Default: Failure to commence Remediation of a material Mold Condition within the time required under Section 5.1(c).
6.2 Notice & Cure. Except for emergencies threatening life, health, or property, the non-defaulting Party shall give written notice specifying the default and allow:
• Tenant: three (3) business days to cure;
• Landlord: five (5) business days to commence cure (or such longer period as is reasonably necessary if diligent remediation efforts are underway).
6.3 Tenant Remedies for Landlord Default. If Landlord fails to cure a default, Tenant may:
(a) Pursue injunctive relief compelling Remediation;
(b) Seek rent abatement proportionate to the loss of habitability; and/or
(c) Terminate the Lease on ten (10) days’ written notice if the Mold Condition materially affects health or safety.
6.4 Landlord Remedies for Tenant Default. If Tenant fails to cure a default, Landlord may:
(a) Perform the required action at Tenant’s expense, plus an administrative fee of ten percent (10%);
(b) Declare a non-curable breach and pursue eviction consistent with State Landlord-Tenant Law; and/or
(c) Recover Actual Damages and reasonable attorney fees.
7. RISK ALLOCATION
7.1 Indemnification.
(a) Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, liabilities, and Actual Damages (including reasonable attorney fees) arising out of Tenant’s breach of Section 5.2.
(b) Landlord shall indemnify, defend, and hold Tenant harmless from and against all claims, liabilities, and Actual Damages arising out of Landlord’s breach of Section 5.1.
7.2 Limitation of Liability. Each Party’s liability for breach of this Addendum is limited to Actual Damages; all other damages are disclaimed.
7.3 Insurance.
(a) Landlord shall maintain property insurance and, if available on commercially reasonable terms, environmental liability coverage for mold-related claims.
(b) Tenant is advised to obtain renter’s insurance covering mold-related personal property losses.
7.4 Force Majeure. A Party is excused from performance during any period of delay caused by events beyond its reasonable control (excluding the payment of money) that prevent timely Remediation; provided, such Party gives prompt notice and resumes performance as soon as practical.
8. DISPUTE RESOLUTION
8.1 Governing Law. Wisconsin residential landlord-tenant law governs this Addendum.
8.2 Forum Selection. Any litigation shall be commenced exclusively in the State Housing Court. Each Party submits to such court’s personal jurisdiction and waives any objection based on inconvenient forum.
8.3 Arbitration. The Parties expressly exclude arbitration of any dispute arising under this Addendum.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of the constitutional right to trial by jury.
8.5 Injunctive Relief. Each Party acknowledges that a breach of this Addendum may result in irreparable harm not adequately compensable by money damages. Accordingly, injunctive or other equitable relief to enforce habitability obligations is expressly preserved.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver is effective unless in writing signed by both Parties.
9.2 Assignment. Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion.
9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective heirs, legal representatives, successors, and permitted assigns.
9.4 Severability. If any provision is held unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.
9.5 Integration. This Addendum, together with the Lease and any schedules, constitutes the entire agreement regarding mold matters and supersedes all prior discussions or representations.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically or by facsimile are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Mold Disclosure Addendum as of the Effective Date.
Landlord:
Name: [PRINTED NAME]
Title: [CAPACITY IF ENTITY]
Date: _____
Tenant(s):
1. _____
Name: [PRINTED NAME] Date: _
2. _____
Name: [PRINTED NAME] Date: _
[Add lines for additional tenants as needed]
(Notary acknowledgment is [required/recommended] under local practice. Insert appropriate Wisconsin notarial block if notarization is desired.)
Schedule A – Description of Known Mold Condition and Remediation (if applicable)
[Attach detailed description or mark “None.”]
[// GUIDANCE: Confirm compliance with local building and health department ordinances, which may impose stricter mold disclosure or remediation standards than state law. Tailor cure periods, dollar thresholds, and relocation/rent-abatement mechanics to client risk tolerance and factual context.]