ADDENDUM NO. [___] TO RESIDENTIAL LEASE AGREEMENT

(“Mold Disclosure, Prevention, and Remediation Addendum”)

[West Virginia – Governed by West Virginia Residential Landlord–Tenant Law]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Mold Disclosure
   3.2 Prevention Obligations
   3.3 Remediation Procedures
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Mold Disclosure, Prevention, and Remediation Addendum (the “Addendum”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

Landlord: [LANDLORD’S FULL LEGAL NAME], a [ENTITY TYPE/JURISDICTION], with a notice address of [LANDLORD ADDRESS] (“Landlord”); and

Tenant: [TENANT’S FULL LEGAL NAME], residing at the premises known as [PREMISES ADDRESS] (“Tenant”).

WHEREAS, Landlord and Tenant entered into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the above-described Premises (as defined in the Lease); and

WHEREAS, West Virginia law imposes duties upon both landlords and tenants concerning the habitability of residential premises, including conditions relating to excess moisture and microbial growth; and

WHEREAS, the parties desire to supplement the Lease to set forth their respective rights and obligations regarding mold disclosure, prevention, and remediation;

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

2. DEFINITIONS

For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. All terms not defined herein shall have the meanings ascribed to them in the Lease.

“Actual Damages” means objectively verifiable monetary losses, including property damage and reasonable costs of repair, but excluding special, consequential, incidental, punitive, or exemplary damages.

“Applicable Law” means collectively the West Virginia Code governing landlord-tenant relations, any county or municipal housing regulations applicable to the Premises, and any federal statutes or regulations that may impose duties with respect to habitability or environmental conditions.

“Inaccessible Area” means any portion of the Premises to which Tenant does not have reasonable access (e.g., roof cavities, sealed wall voids, or areas behind permanently affixed finishes).

“Mold” means any form of multicellular fungi that live on plant or animal matter in indoor environments and includes Cladosporium, Penicillium, Alternaria, Aspergillus, Stachybotrys chartarum (a/k/a “black mold”), and any other species accepted in commonly available scientific literature.

“Moisture Condition” means the presence of water, excessive humidity, or condensation in quantities sufficient to promote Mold growth.

“Notice of Suspected Mold Condition” means written notice from Tenant to Landlord describing with reasonable specificity the location and nature of visible Mold or a Moisture Condition.

“Remediation” means corrective measures performed in accordance with industry-accepted standards (e.g., ANSI/IICRC S520) to remove visible Mold, to clean or discard contaminated materials, to correct Moisture Conditions, and to return affected areas to a condition suitable for residential occupancy.

3. OPERATIVE PROVISIONS

3.1 Mold Disclosure

(a) To Landlord’s actual knowledge, [DISCLOSURE: “Landlord is not presently aware of any visible Mold or Moisture Condition in the Premises” / “Landlord has observed Mold at the following locations: ___.”]
(b) Landlord represents that, as of the Effective Date, the Premises have been visually inspected and any known Mold has been remediated or otherwise disclosed above.

3.2 Prevention Obligations

(a) Tenant shall:
 (i) maintain the Premises in a clean and sanitary condition and promptly clean visible moisture;
 (ii) operate heating, ventilation, and air-conditioning (“HVAC”) systems in a reasonable manner;
 (iii) use bathroom and kitchen exhaust fans when available;
 (iv) immediately notify Landlord in writing of any plumbing leaks, roof leaks, window leaks, or other Moisture Conditions; and
 (v) not block or impede vents, drains, or HVAC returns.
(b) Landlord shall:
 (i) maintain the structural components, roofing, exterior walls, and plumbing systems in good repair, consistent with the implied warranty of habitability;
 (ii) address in a timely manner any Moisture Condition or Mold condition in areas under Landlord’s control or otherwise disclosed by Tenant.

[// GUIDANCE: Some landlords provide a “Mold Prevention Checklist” as an exhibit. Insert if desired.]

3.3 Remediation Procedures

(a) Upon receipt of a Notice of Suspected Mold Condition, Landlord shall:
 (i) acknowledge receipt within two (2) business days; and
 (ii) commence investigation within five (5) business days, subject to reasonable access provided by Tenant.
(b) If investigation confirms the presence of Mold or a Moisture Condition in areas for which Landlord is responsible, Landlord shall:
 (i) commence Remediation within ten (10) business days of confirmation, or as soon thereafter as is reasonably practicable;
 (ii) use qualified personnel following industry-accepted Remediation protocols; and
 (iii) bear all reasonable Remediation costs, except to the extent the condition was caused by Tenant’s breach of this Addendum or the Lease.
(c) If Tenant’s acts or omissions contributed to or caused the Mold condition, Tenant shall be responsible for all reasonable costs attributable to such acts or omissions.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full right and authority to execute this Addendum and perform its obligations hereunder.
4.2 Landlord Limited Warranty. Landlord warrants only that, to Landlord’s actual knowledge and as of the Effective Date, the Premises are in a condition that does not contain known, visible Mold in Inaccessible Areas. This limited warranty shall survive for thirty (30) days following Tenant’s initial occupancy and shall be Tenant’s sole and exclusive remedy for breach thereof.
4.3 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LANDLORD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PREMISES OR THE ABSENCE OF MOLD THEREIN.

5. COVENANTS & RESTRICTIONS

5.1 Tenant shall not introduce any materials or engage in any conduct likely to create excess moisture (e.g., unvented gas heaters, aquariums > [X] gallons, or drying wet clothing indoors) without Landlord’s prior written consent.
5.2 Tenant shall provide Landlord and its contractors reasonable access to the Premises, upon at least twenty-four (24) hours’ prior notice (except in emergencies), to inspect for Mold and to perform Remediation.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any of the following shall constitute a default under this Addendum:
 (a) Failure of either party to perform any material obligation herein, after ten (10) days’ written notice and opportunity to cure; or
 (b) Tenant’s obstruction of Landlord’s inspection or Remediation efforts.
6.2 Remedies. Upon default, the non-defaulting party may exercise any remedies available under the Lease or Applicable Law, including injunctive relief to enforce habitability-related obligations, termination rights, and recovery of Actual Damages, reasonable attorneys’ fees, and costs. All remedies shall be cumulative.

7. RISK ALLOCATION

7.1 Indemnification

(a) Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any claims, losses, or Actual Damages arising out of Tenant’s breach of this Addendum or negligent acts or omissions related to Mold.
(b) Landlord shall indemnify, defend, and hold harmless Tenant from and against any claims, losses, or Actual Damages arising out of Landlord’s breach of this Addendum or negligent failure to remediate known Mold conditions.

7.2 Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES. LIABILITY OF EITHER PARTY SHALL BE LIMITED TO ACTUAL DAMAGES, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW.

7.3 Insurance

Landlord shall maintain property and liability insurance customary for comparable residential properties in West Virginia. Tenant is advised to obtain renter’s insurance covering personal property and displacement costs.

7.4 Force Majeure

Neither party shall be liable for delay or failure in performance to the extent caused by events beyond its reasonable control (excluding financial inability), provided the claiming party gives prompt notice and resumes performance as soon as commercially practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute hereunder shall be governed by the laws of the State of West Virginia, without regard to conflict-of-laws principles.

8.2 Forum Selection. The parties submit to the exclusive jurisdiction of the [INSERT NAME OF COUNTY] County state housing court or any other court of competent jurisdiction located in the county where the Premises are situated.

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

8.4 Jury Trial. Nothing herein shall be construed as a waiver of the constitutional right to trial by jury under the West Virginia Constitution.

8.5 Injunctive Relief. Each party acknowledges that a breach of the habitability-related obligations herein may cause irreparable harm, and the non-breaching party shall be entitled to seek temporary, preliminary, and/or permanent injunctive relief to enforce such obligations, in addition to any other remedy available at law or in equity.

9. 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. Waiver of any breach shall not be deemed waiver of any other or subsequent breach.

9.2 Assignment. Tenant may not assign, sublet, or otherwise transfer its interest in the Lease or this Addendum without Landlord’s prior written consent, except as otherwise permitted by Applicable Law.

9.3 Severability. If any provision herein is determined to be invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force, with the unenforceable provision reformed to the minimum extent necessary to comply with Applicable Law while preserving the parties’ intent.

9.4 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement between the parties regarding Mold and supersedes all prior oral or written communications on the subject.

9.5 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Signatures transmitted electronically (e.g., via PDF, DocuSign, or similar) shall be deemed original signatures for all purposes.

10. EXECUTION BLOCK

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

[OPTIONAL NOTARY ACKNOWLEDGMENT – Include if required by local recording or if Landlord desires heightened enforceability]

[// GUIDANCE: Verify local county requirements; notarization is not typically required for a residential lease addendum in WV but may be advisable when recording or if the Lease will be notarized.]

HEALTH NOTICE (Non-Waivable): Mold may present health risks, particularly to individuals with allergies, asthma, or weakened immune systems. Consult a qualified medical professional for advice. Nothing in this Addendum constitutes medical advice.

[// GUIDANCE:
1. Replace placeholders (e.g., “[LANDLORD’S FULL LEGAL NAME]”) with client-specific data.
2. Ensure cross-references to Lease sections remain accurate after edits.
3. Consider attaching a “Mold Prevention Tips” exhibit for tenant education.
4. Review any county-specific ordinances that impose shorter remediation timelines. ]