MOLD DISCLOSURE AND PREVENTION ADDENDUM

(State of Hawai‘i – Residential Lease)

[// GUIDANCE: This Addendum is intended for attachment to, and incorporation into, any residential lease or rental agreement covering property located in Hawai‘i. It addresses mold-related disclosure, prevention, remediation, and risk-allocation obligations in compliance with the Hawai‘i Residential Landlord-Tenant Code (Haw. Rev. Stat. ch. 521) and current industry best practices. All bracketed items must be completed or conformed prior to execution.]

TABLE OF CONTENTS

1. Definitions
2. Incorporation into Lease; Effective Date
3. Landlord’s Mold Disclosure
4. Tenant’s Inspection & Acknowledgement
5. Prevention Obligations
6. Reporting & Inspection Rights
7. Remediation Procedures
8. Temporary Relocation; Rent Abatement
9. Representations & Warranties
10. Indemnification & Allocation of Responsibility
11. Limitation of Liability
12. Default; Remedies
13. Governing Law; Forum; Injunctive Relief; Jury Trial
14. General Provisions
15. Execution & Signatures

1. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below. Any capitalized term used but not defined herein has the meaning given in the Lease.

“Addendum” means this Mold Disclosure and Prevention Addendum.

“ANSI/IICRC S520” means the most current edition of the American National Standards Institute / Institute of Inspection Cleaning and Restoration Certification standard entitled “Standard for Professional Mold Remediation.”

“Elevated Mold Condition” means the presence of visible mold growth or airborne mold concentrations that exceed normal background levels for comparable residential environments, as determined by an Environmental Professional.

“Environmental Professional” means an individual or entity duly qualified by training, experience, and applicable licensing or certification to perform mold assessment and remediation consistent with ANSI/IICRC S520.

“Habitability Standard” means the statutory obligation under Haw. Rev. Stat. § 521-42 to maintain the Premises “fit for human habitation.”

“Lease” means that certain Residential Lease dated [LEASE_DATE] between Landlord and Tenant concerning the Premises.

“Mold” means any living or dead fungi or related spores, fragments, mycotoxins, allergens, or microbial volatile organic compounds capable of adversely affecting human health or property.

“Premises” means the real property and improvements located at [PROPERTY_ADDRESS].

“Remediation Work” means all cleaning, removal, correction, and post-remediation verification activities required to eliminate an Elevated Mold Condition in accordance with ANSI/IICRC S520 or an equivalent standard.

“Tenant-Caused Condition” means any mold condition that arises out of or results from Tenant’s failure to comply with its obligations under Section 5.

“Water Intrusion Event” means any leak, flood, overflow, condensation, or similar occurrence resulting in the unwanted presence of water or excessive moisture inside the Premises.

2. INCORPORATION INTO LEASE; EFFECTIVE DATE

2.1 Incorporation. This Addendum is hereby incorporated into and made part of the Lease as though fully set forth therein. In the event of any conflict between the Lease and this Addendum, the provisions of this Addendum shall control with respect to mold-related matters.

2.2 Effective Date. This Addendum shall be effective as of the later of (a) the Lease Commencement Date or (b) the date on which the last Party executes this Addendum (the “Effective Date”).

3. LANDLORD’S MOLD DISCLOSURE

3.1 Prior Knowledge. Landlord makes the following disclosures concerning known mold conditions on or about the Premises (check one):

☐ Landlord HAS NO actual knowledge of any existing Elevated Mold Condition in the Premises.
☐ Landlord HAS actual knowledge of the following existing or prior Elevated Mold Condition(s):
    [DESCRIBE CONDITION, LOCATION, REMEDIATION PERFORMED, AND DATE CLEARED]

3.2 Water Intrusion History. Landlord discloses the following Water Intrusion Events occurring within the five (5) years preceding the Effective Date and the remedial actions taken:
    [DESCRIBE OR INSERT “NONE KNOWN TO LANDLORD”]

3.3 Ongoing Monitoring. Landlord represents that, to the best of Landlord’s knowledge, the Premises presently meet the Habitability Standard with respect to mold.

4. TENANT’S INSPECTION & ACKNOWLEDGEMENT

4.1 Pre-Occupancy Inspection. Tenant acknowledges that Tenant has been provided the opportunity to visually inspect the Premises for mold before signing this Addendum.

4.2 Acceptance or Notice. Tenant (check one):

☐ Accepts the Premises as presently free of visible Mold.
☐ Has observed the following visible mold and has so notified Landlord in writing:
    [DESCRIBE]

Failure to check either box shall be deemed an acceptance under the first option above.

5. PREVENTION OBLIGATIONS

5.1 Tenant Obligations. Tenant shall:
(a) Maintain the Premises in a manner that prevents excess moisture and mold growth, including but not limited to operating exhaust fans, air conditioners, or dehumidifiers as reasonably necessary;
(b) Promptly (within 24 hours) notify Landlord in writing of any Water Intrusion Event, plumbing leak, roof leak, or other condition likely to result in mold growth;
(c) Use reasonable housekeeping practices to keep the Premises clean and dry, including regular removal of garbage and cleaning of bathroom and kitchen surfaces; and
(d) Refrain from disabling or obstructing HVAC units, vents, or other moisture-control systems.

5.2 Landlord Obligations. Landlord shall:
(a) Maintain building systems, roofs, windows, and plumbing in good repair to prevent water intrusion;
(b) Respond to any written notice of Water Intrusion Event or suspected mold within a commercially reasonable time, not to exceed five (5) calendar days, absent exigent circumstances; and
(c) Conduct or cause to be conducted periodic visual inspections of common areas for water intrusion or visible mold.

6. REPORTING & INSPECTION RIGHTS

6.1 Tenant Reporting. Tenant shall report, in writing, any suspected Mold or Elevated Mold Condition within twenty-four (24) hours of discovery. Reporting may be made by email to [LANDLORD_EMAIL] or such other means as Landlord designates in writing.

6.2 Access for Inspection. Upon reasonable notice (not less than forty-eight (48) hours except in emergencies), Tenant shall provide Landlord and its contractors access to the Premises for inspection, testing, or remediation related to mold.

7. REMEDIATION PROCEDURES

7.1 Determination of Responsibility.
(a) If an Elevated Mold Condition is confirmed by an Environmental Professional and determined not to be a Tenant-Caused Condition, Landlord shall, at Landlord’s sole cost, promptly commence Remediation Work.
(b) If an Elevated Mold Condition is determined to be a Tenant-Caused Condition, Tenant shall, upon written demand, reimburse Landlord for all reasonable costs incurred in testing, remediation, and repair.

7.2 Standards. All Remediation Work shall comply with ANSI/IICRC S520 (or its successor) and any stricter local requirements.

7.3 Completion & Verification. Landlord shall obtain written clearance from the Environmental Professional that the Elevated Mold Condition has been remediated to normal fungal ecology and shall provide a copy to Tenant.

8. TEMPORARY RELOCATION; RENT ABATEMENT

8.1 Relocation. If Remediation Work materially interferes with Tenant’s use of the Premises, Landlord may require Tenant to temporarily relocate. Where Landlord is responsible for the underlying condition, Landlord shall bear reasonable, pre-approved costs of comparable temporary lodging. Where Tenant is responsible, such costs shall be Tenant’s obligation.

8.2 Rent Adjustment.
(a) Landlord Responsible. Rent shall abate on a pro rata basis for any period during which the Premises are wholly uninhabitable due to an Elevated Mold Condition not caused by Tenant.
(b) Tenant Responsible. No rent abatement shall be available where the Elevated Mold Condition is a Tenant-Caused Condition.

9. REPRESENTATIONS & WARRANTIES

9.1 Mutual Authority. Each Party represents that it has full authority to enter into and perform this Addendum.

9.2 Landlord’s Limited Warranty. Landlord warrants, to the best of Landlord’s knowledge and subject to the disclosures in Section 3, that the Premises meet the Habitability Standard as of the Effective Date. Except as expressly stated, Landlord makes no other warranties, express or implied, concerning mold or indoor air quality.

9.3 Survival. The representations and warranties in this Section shall survive the termination or expiration of the Lease for a period of one (1) year.

10. INDEMNIFICATION & ALLOCATION OF RESPONSIBILITY

10.1 Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to a Tenant-Caused Condition or Tenant’s breach of this Addendum.

10.2 Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against any and all claims, damages, losses, liabilities, and expenses arising out of or related to Landlord’s failure to comply with its obligations under Sections 5.2 or 7.

10.3 Insurance. Tenant is strongly advised to obtain and maintain renter’s insurance covering personal property damage arising from mold or water intrusion events.

11. LIMITATION OF LIABILITY

11.1 Actual Damages Only. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATING TO MOLD, WATER INTRUSION, OR THIS ADDENDUM, AND EACH PARTY’S MONETARY LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES PROVEN.

12. DEFAULT; REMEDIES

12.1 Tenant Default. Tenant’s failure to comply with Sections 5 or 6 shall constitute a material default under the Lease, subject to any cure period provided therein. If uncured, Landlord may pursue all remedies available under the Lease and Hawai‘i law, including possession, damages, and injunctive relief.

12.2 Landlord Default. Landlord’s failure to comply with Sections 5.2 or 7 within the applicable cure period shall constitute a material default. Tenant’s remedies shall include (a) injunctive relief compelling Landlord to perform, (b) rent abatement as provided in Section 8.2, and (c) any other remedies available under Haw. Rev. Stat. ch. 521.

12.3 Attorneys’ Fees. The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorneys’ fees and costs, subject to any statutory limitations.

13. GOVERNING LAW; FORUM; INJUNCTIVE RELIEF; JURY TRIAL

13.1 Governing Law. This Addendum shall be governed by and construed in accordance with the residential landlord-tenant statutes of the State of Hawai‘i, including Haw. Rev. Stat. ch. 521.

13.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the District Court of the State of Hawai‘i (Landlord-Tenant Division) for the judicial circuit in which the Premises are located (the “Housing Court”) for any dispute arising under this Addendum.

13.3 Arbitration Excluded. The Parties expressly agree that binding arbitration shall not apply to disputes under this Addendum.

13.4 Injunctive Relief. Nothing in the Lease or this Addendum shall limit either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce the Habitability Standard, prevention, or remediation obligations herein.

13.5 Jury Trial. Each Party retains its constitutional right to a trial by jury, and no provision of this Addendum shall be construed as a waiver thereof.

14. GENERAL PROVISIONS

14.1 Amendments & Waivers. No amendment or waiver of any provision of this Addendum shall be effective unless in a written instrument signed by both Parties.

14.2 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent, and any permitted assignee shall assume all obligations under this Addendum.

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

14.4 Integration. This Addendum, together with the Lease and any other addenda, constitutes the entire agreement of the Parties concerning mold and supersedes all prior oral or written statements on the subject.

14.5 Counterparts; Electronic Signatures. This Addendum may be executed in multiple counterparts, each of which shall be deemed an original. Signatures transmitted electronically or by other reliable means shall be deemed effective.

15. EXECUTION & SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Addendum as of the dates set forth below.

[Optional Notary Acknowledgement – Hawai‘i]
[// GUIDANCE: Hawai‘i law does not require notarization of residential leases or addenda, but notarization may assist in evidentiary authentication.]

© [YEAR]. All rights reserved. This template is provided for general informational purposes and should be reviewed by licensed Hawai‘i counsel prior to use.