RESIDENTIAL MOLD DISCLOSURE & REMEDIATION ADDENDUM

(Tennessee Residential Lease)

[// GUIDANCE: Attach this Addendum to and incorporate it into the primary Residential Lease Agreement (“Lease”). All capitalized terms used but not defined herein have the meanings assigned in the Lease unless expressly stated otherwise.]

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.
   a. Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”)
   b. Tenant(s): [TENANT LEGAL NAME(S)] (“Tenant”)

2. Premises. [FULL PROPERTY ADDRESS] (“Premises”)

3. Effective Date. [EFFECTIVE DATE]

4. Incorporation. This Addendum is incorporated into and governed by the Lease and the Tennessee Residential Landlord and Tenant Act, Tenn. Code Ann. Title 66, Ch. 28 (collectively, “Applicable Law”).

5. Consideration. In consideration of the mutual covenants herein, and as a condition precedent to entry into or continuation of the Lease, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Addendum:

“Actual Damages” means the direct, out-of-pocket losses proven by admissible evidence, exclusive of incidental, consequential, punitive, or exemplary damages.

“Moisture Condition” means the presence of water, humidity, or condensation in a quantity sufficient to support mold growth.

“Mold” means any multicellular fungi capable of producing mycotoxins or allergens when present in an indoor environment.

“Prevention Measures” means the reasonable steps required to minimize or eliminate Moisture Conditions to inhibit Mold growth, including but not limited to ventilation, dehumidification, and prompt repair of leaks.

“Remediation” means the process undertaken in accordance with Applicable Law and industry standards (e.g., ANSI/IICRC S520) to identify, contain, remove, and treat Mold.

“Notice” means written notice delivered in the manner prescribed by Section IX.4 below.

III. OPERATIVE PROVISIONS

3.1 Disclosure of Known Mold. Landlord states that, to Landlord’s actual knowledge, as of the Effective Date:
a. (check one): ☑ No visible or laboratory-confirmed Mold is present in the Premises; ☐ Mold is present as described on Exhibit A attached hereto, and Landlord will complete Remediation on or before [DATE].
b. All prior Mold Remediation records in Landlord’s possession pertaining to the Premises have been provided to Tenant or are attached as Exhibit B.

3.2 Tenant Acknowledgment. Tenant acknowledges receipt of:
a. This Addendum;
b. The U.S. Environmental Protection Agency publication “A Brief Guide to Mold, Moisture, and Your Home” (EPA 402-K-02-003) or an equivalent informational brochure; and
c. Any exhibits referenced in § 3.1.

3.3 Condition Precedent. Execution of this Addendum is a condition precedent to the validity of the Lease. Failure to execute constitutes a material non-performance under the Lease.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord’s Representations. Landlord represents that:
a. The Premises are delivered in a fit and habitable condition free of known, visible Mold except as disclosed herein.
b. Any Remediation undertaken has been performed in accordance with applicable industry standards.

4.2 Tenant’s Representations. Tenant represents that:
a. Tenant has inspected the Premises and found them to be free of visible Mold, except as disclosed in writing to Landlord prior to occupancy.
b. Tenant is not relying on any oral statements regarding Mold conditions beyond those set forth in this Addendum.

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

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenants. Landlord shall:
a. Maintain the Premises in compliance with Applicable Law concerning habitability and moisture control;
b. Complete Remediation of any Mold condition for which Landlord is responsible within a commercially reasonable time not to exceed [30] days after receipt of Notice from Tenant, subject to force majeure; and
c. Provide relocation assistance or rent abatement in accordance with Applicable Law if Tenant’s continued occupancy is rendered unsafe during Remediation.

5.2 Tenant Covenants. Tenant shall:
a. Keep the Premises clean and sanitary and promptly remove visible moisture;
b. Operate heating, ventilation, and air-conditioning systems (“HVAC”) in accordance with manufacturer instructions and maintain interior humidity below 60%;
c. Promptly report in writing any water intrusion, leak, HVAC malfunction, or visible Mold within forty-eight (48) hours of discovery;
d. Not impede Landlord’s access for inspection or Remediation after reasonable Notice pursuant to the Lease; and
e. Comply with any written Remediation protocol posted by Landlord or its contractors.

5.3 Prevention Obligations. The Parties agree that Prevention Measures are essential to habitability. Tenant’s failure to comply with § 5.2 constitutes a Lease violation.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute Events of Default under this Addendum in addition to Lease defaults:
a. Tenant’s failure to provide timely Notice of Moisture Conditions or Mold;
b. Tenant’s refusal to vacate affected areas when reasonably required for Remediation;
c. Landlord’s failure to commence Remediation within the timeframe set in § 5.1(b).

6.2 Cure Periods.
a. Tenant: three (3) business days after receipt of Landlord’s Notice.
b. Landlord: ten (10) business days after receipt of Tenant’s Notice, unless a shorter period is mandated by Applicable Law due to health hazards.

6.3 Remedies.
a. Tenant Remedies. If Landlord fails to cure, Tenant may pursue injunctive relief compelling Remediation, withhold rent in proportion to the loss of use (subject to Tenn. Code Ann. Title 66, Ch. 28), or terminate the Lease without penalty.
b. Landlord Remedies. If Tenant fails to cure, Landlord may (i) perform the obligation on Tenant’s behalf and charge actual costs as additional rent, (ii) declare the Lease in default, and/or (iii) seek possession pursuant to lawful eviction proceedings.
c. Attorney Fees. The prevailing party is entitled to reasonable attorney fees and court costs.

VII. RISK ALLOCATION

7.1 Indemnification.
a. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any Actual Damages, claims, or liabilities arising out of Tenant’s breach of § 5.2 or negligent acts contributing to Mold.
b. Landlord Indemnity. Landlord shall indemnify Tenant for Actual Damages attributable to Landlord’s breach of § 5.1 or gross negligence.

7.2 Limitation of Liability. Except for (i) personal injury or property damage caused by gross negligence or willful misconduct, and (ii) claims that cannot be limited by law, each Party’s aggregate liability under this Addendum is limited to Actual Damages.

7.3 Insurance.
a. Landlord shall maintain property insurance covering the structure.
b. Tenant is advised to obtain renter’s insurance covering personal property and loss of use. [// GUIDANCE: Insert minimum coverage limits in brackets if desired.]

7.4 Force Majeure. Neither Party is liable for delay in performance due to causes beyond its reasonable control, provided the affected Party gives prompt Notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum is governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive jurisdiction and venue lie in the [COUNTY NAME] County General Sessions Court, Housing Division or any successor state housing court of competent jurisdiction.

8.3 Arbitration. The Parties expressly exclude arbitration.

8.4 Jury Waiver. EACH PARTY ACKNOWLEDGES THE CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVES SUCH RIGHT TO THE EXTENT PERMITTED BY LAW.

8.5 Injunctive Relief. Nothing in this Section limits either Party’s right to seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations or to prevent imminent harm.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification of this Addendum is effective unless in a written instrument signed by both Parties. Waiver of any provision on one occasion is not a waiver of any other provision or subsequent breach.

9.2 Assignment & Delegation. Tenant may not assign the Lease or delegate obligations without Landlord’s prior written consent. Any unauthorized assignment is void.

9.3 Successors & Assigns. This Addendum binds and benefits the Parties and their respective successors and permitted assigns.

9.4 Notices. All Notices must be in writing and delivered (i) in person, (ii) by certified U.S. mail, return receipt requested, or (iii) by nationally recognized overnight courier, to the addresses in the Lease (or any updated address provided per this Section). Notices are deemed delivered upon receipt or first refusal.

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

9.6 Integration. This Addendum and the Lease constitute the entire agreement relating to Mold between the Parties and supersede all prior oral or written statements.

9.7 Counterparts & Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Addendum effective as of the Effective Date.

[Duplicate signature lines as needed for multiple tenants.]

NOTARY ACKNOWLEDGMENT (if required for recordation or under local ordinance)
State of Tennessee )
County of [COUNTY] )

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared _____, proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are signed on this document and acknowledged to me that he/she/they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: _____

[// GUIDANCE: Review county ordinances for any additional mold disclosure language, posting requirements, or tenant-relocation regulations. Customize cure periods, insurance limits, and any rent abatement formulas to align with client policies and local practice. Confirm that waiver of jury trial is enforceable under current Tennessee case law before finalizing.]