RESIDENTIAL LEASE ADDENDUM

MOLD DISCLOSURE, PREVENTION & REMEDIATION

(State of Wyoming)

TABLE OF CONTENTS

I. Document Header....................................................... 2
II. Definitions........................................................... 3
III. Operative Provisions.................................................. 4
IV. Representations & Warranties......................................... 6
V. Covenants & Restrictions............................................. 6
VI. Default & Remedies................................................... 7
VII. Risk Allocation...................................................... 8
VIII. Dispute Resolution.................................................. 9
IX. General Provisions.................................................. 10
X. Execution Block..................................................... 12

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I. DOCUMENT HEADER

This Residential Lease Addendum – Mold Disclosure, Prevention & Remediation (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] having a mailing address of [ADDRESS] (“Landlord”)

Tenant: [TENANT LEGAL NAME(S)] having a mailing address of [ADDRESS] (“Tenant”).

This Addendum supplements and is incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential real property commonly known as [PREMISES ADDRESS] (the “Premises”) located in the State of Wyoming.

The parties desire to allocate responsibility for, and establish procedures concerning, the presence, prevention, remediation, and disclosure of mold or microbial growth at the Premises, in accordance with the Wyoming Residential Rental Property Act, Wyo. Stat. Ann. tit. 1, ch. 21, art. 12, and other applicable law.

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms have the meanings set forth below. Terms used but not defined herein have the meanings ascribed in the Lease.

1.1 “Affected Area” means any portion of the Premises exhibiting visible Mold Growth or where a Mold Condition is otherwise reasonably suspected.

1.2 “Applicable Law” means all federal, state, and local laws, ordinances, regulations, and codes governing residential habitability, health, and safety, including without limitation the Wyoming Residential Rental Property Act.

1.3 “Licensed Remediation Contractor” means a contractor holding all licenses or certifications, if any, required under Applicable Law to perform Mold remediation within the State of Wyoming.

1.4 “Mold” means any genus of microscopic fungi, spores, or mold fragments, including but not limited to species commonly known as mildew.

1.5 “Mold Condition” means:
 a. Visible Mold Growth on indoor surfaces;
 b. Persistent musty odor reasonably attributable to Mold; or
 c. Excessive moisture or water intrusion creating a reasonable potential for Mold Growth.

1.6 “Mold Growth” means Mold that is actively propagating or dormant but viable.

1.7 “Professional Remediation” means remediation performed in accordance with industry standards such as ANSI/IICRC S520 (or successor standard) by a Licensed Remediation Contractor.

1.8 “Reportable Condition” means any condition likely to result in water intrusion, condensation, or dampness inside the Premises, including plumbing leaks, roof leaks, window seal failure, flooding, or HVAC malfunction.

III. OPERATIVE PROVISIONS

3.1 Disclosure by Landlord.
 (a) No Known Mold Condition. Except as specifically disclosed in Section 3.1(b), Landlord represents that, as of the Effective Date, Landlord has no actual knowledge of any Mold Condition within the Premises.
 (b) Known Condition(s). Landlord hereby discloses that the following Mold Condition(s) presently exist or have existed within the past twelve (12) months:
  • [DESCRIBE CONDITION(S) OR “NONE”].
 (c) Inspection Reports. Landlord has provided Tenant with copies of all non-privileged inspection or remediation reports in Landlord’s possession concerning Mold at the Premises, if any, dated within the past twenty-four (24) months. Tenant acknowledges receipt by initialing here: ______.

3.2 Tenant Pre-Occupancy Inspection and Acknowledgment.
 (a) Inspection Right. Prior to occupancy, Tenant has inspected (or had the opportunity to inspect) the Premises for visible Mold and for Reportable Conditions.
 (b) Acknowledgment. Tenant’s inspection findings are: [DESCRIBE FINDINGS OR “NO VISIBLE MOLD OR REPORTABLE CONDITIONS OBSERVED”].
 (c) Tenant’s Duty to Notify. Any Mold Condition not described in Section 3.2(b) must be reported to Landlord in writing within forty-eight (48) hours after discovery pursuant to Section 5.2.

3.3 Remediation Procedures.
 (a) Initial Response. Upon written notice of a Mold Condition, Landlord shall, within a commercially reasonable time not to exceed five (5) business days, initiate an inspection and shall provide Tenant with a written remediation plan or explanation of findings.
 (b) Access. Tenant shall grant Landlord and its agents reasonable access to the Affected Area(s) for inspection, testing, drying, and Professional Remediation, subject to the entry notice requirements in the Lease and Applicable Law.
 (c) Temporary Relocation. If Professional Remediation materially interferes with habitability, Landlord may, at Landlord’s expense, temporarily relocate Tenant pursuant to Wyoming habitability standards. Rent abatement, if any, shall be determined under Section 6.2(b).
 (d) Completion. Landlord shall provide Tenant with written confirmation of completion of Professional Remediation, including post-remediation verification, if performed.

3.4 Prevention Standards.
 (a) Housekeeping. Tenant shall maintain the Premises in a clean and sanitary condition, including regular removal of trash and avoidance of excessive indoor humidity.
 (b) HVAC Operation. Tenant shall operate HVAC systems as designed and replace filters at intervals not exceeding ninety (90) days or as manufacturer recommends.
 (c) Moisture Control. Tenant shall immediately wipe up spills, properly ventilate bathrooms and laundry areas, and refrain from obstructing airflow to vents.
 (d) Prohibited Conduct. Tenant shall not: (i) over-humidify the Premises; (ii) disable exhaust fans; (iii) introduce unvented combustion appliances; or (iv) paint over visible Mold.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Representations. Landlord represents and warrants that:
 (a) The Premises comply with Applicable Law relating to habitability and are free of any known Mold Condition except as disclosed in Section 3.1(b).
 (b) Landlord will comply with the remediation obligations set forth herein and under Applicable Law.

4.2 Tenant’s Representations. Tenant represents and warrants that:
 (a) Tenant has reviewed this Addendum, the inspection findings in Section 3.2, and all disclosures and reports provided by Landlord;
 (b) Tenant is not knowingly allergic or hypersensitive to typical background levels of indoor Mold, or, if so, Tenant has disclosed such condition to Landlord in writing.

4.3 Survival. All representations and warranties herein survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants. Landlord shall:
 (a) Keep the building envelope, roof, plumbing, and HVAC in good repair so as to prevent water intrusion;
 (b) Conduct annual visual inspections of common areas for moisture issues and take corrective action as necessary.

5.2 Tenant Covenants. Tenant shall:
 (a) Promptly (and in any event within 48 hours) notify Landlord in writing of any Reportable Condition or suspected Mold Condition;
 (b) Cooperate with all remediation efforts, including by temporarily vacating Affected Areas as reasonably requested;
 (c) Remain responsible for remediation costs attributable to Tenant’s negligence, intentional misconduct, or violation of this Addendum.

5.3 Notice & Cure. Any party claiming breach of a covenant must provide written notice describing the breach in reasonable detail and allow the breaching party five (5) business days to commence cure (or such longer period as is reasonably necessary so long as cure is diligently pursued).

VI. DEFAULT & REMEDIES

6.1 Events of Default.
 (a) Tenant Default. Tenant’s failure to comply with Sections 3.4 or 5.2, resulting in a Mold Condition, constitutes a material default under the Lease.
 (b) Landlord Default. Landlord’s failure to commence remediation in accordance with Section 3.3 within the cure period constitutes a material default.

6.2 Remedies.
 (a) Landlord Remedies. Upon Tenant Default, Landlord may pursue the remedies available under the Lease and Applicable Law, including recovery of actual damages and reasonable attorney fees.
 (b) Tenant Remedies. Upon Landlord Default:
  (i) Tenant may exercise the rights and remedies provided under the Wyoming Residential Rental Property Act to enforce habitability, which may include rent abatement, injunctive relief, or termination following proper notice; and
  (ii) Nothing herein limits Tenant’s right to seek injunctive relief to correct habitability issues.

6.3 Mitigation. Each party has a duty to mitigate its damages resulting from the other party’s breach.

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 and all claims, damages, or liabilities (including reasonable attorney fees) arising out of or related to: (i) Tenant’s breach of this Addendum; or (ii) Mold Conditions caused or exacerbated by Tenant’s negligence or willful misconduct.
 (b) By Landlord. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, damages, or liabilities (including reasonable attorney fees) arising out of or related to Landlord’s breach of this Addendum or negligent failure to remediate a known Mold Condition.

7.2 Limitation of Liability. EXCEPT FOR CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY’S LIABILITY UNDER THIS ADDENDUM IS LIMITED TO ACTUAL, DIRECT DAMAGES; IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES.

7.3 Insurance.
 (a) Landlord Insurance. Landlord shall maintain property and liability insurance covering the building, including coverage for water damage and resulting Mold to the extent commercially available.
 (b) Tenant Insurance. Tenant is strongly advised to obtain renter’s insurance covering personal property damage due to Mold or water intrusion.

7.4 Force Majeure. Neither party is liable for delay or failure in performance caused by events beyond its reasonable control (e.g., flood, wildfire, or governmental orders), provided the affected party gives prompt notice and uses diligent efforts to perform.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the residential landlord-tenant laws of the State of Wyoming without regard to conflict-of-law principles.

8.2 Forum Selection. Venue for any action arising out of or relating to this Addendum shall lie exclusively in the [NAME OF COUNTY] State Housing Court (or such other court of competent jurisdiction designated under Wyoming law).

8.3 Arbitration Excluded. The parties expressly agree that disputes shall be resolved in the courts identified in Section 8.2; mandatory arbitration is expressly disclaimed.

8.4 Jury Trial. EACH PARTY RETAINS AND DOES NOT WAIVE ANY RIGHT TO A TRIAL BY JURY AFFORDED BY THE CONSTITUTION AND LAWS OF THE STATE OF WYOMING.

8.5 Injunctive Relief. Nothing in this Addendum limits either party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability or prevent irreparable harm related to Mold Conditions.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment to this Addendum is effective unless in writing and signed by all parties. No waiver of any provision constitutes a waiver of any other provision, nor a continuing waiver.

9.2 Assignment. Tenant shall not assign or sublet the Premises without Landlord’s prior written consent except as expressly allowed under 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 of this Addendum is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

9.5 Integration. This Addendum, together with the Lease and any riders or exhibits, constitutes the entire agreement of the parties regarding Mold and supersedes all prior or contemporaneous oral or written agreements on that subject.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which constitutes an original and all of which together constitute one instrument. Signatures delivered by electronic means (e.g., PDF, DocuSign) are deemed original and binding.

9.7 Notices. All notices under this Addendum shall be given in the manner set forth in the Lease, with a copy emailed to the addresses below (which copy does not constitute notice).

9.8 Headings. Headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

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

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