Mold Disclosure & Prevention Addendum

to Residential Lease Agreement – Commonwealth of Virginia

[// GUIDANCE: This addendum is intended for use in conjunction with a Virginia‐law residential lease. Tailor all bracketed placeholders before execution. Review the primary lease to ensure there is no conflict and that all cross-references align.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Mold Disclosure & Condition of Premises
4. Prevention Obligations
    4.1 Landlord Obligations
    4.2 Tenant Obligations
5. Reporting & Remediation Procedures
6. Temporary Relocation During Remediation
7. Representations & Warranties
8. Covenants
9. Default & Remedies
10. Risk Allocation
11. Dispute Resolution
12. General Provisions
13. Execution Block

1. DOCUMENT HEADER

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

• [LANDLORD LEGAL NAME], a [LEGAL ENTITY TYPE] (“Landlord”); and
• [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”).

This Addendum supplements and is incorporated into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) covering the real property located at [PREMISES ADDRESS] (the “Premises”) for the Term specified in the Lease. Capitalized terms used but not defined herein have the meanings assigned in the Lease.

2. DEFINITIONS

For purposes of this Addendum, the following terms have the meanings set forth below:

“Affected Area” – Any portion of the Premises containing Visible Mold or excessive moisture requiring Remediation.

“Moisture Event” – Water intrusion, leak, flooding, or humidity levels in excess of fifty-five percent (55%) relative humidity for more than twenty-four (24) consecutive hours.

“Mold” – Microscopic fungi or mildew, including any spores, roots, or by-products, whether visible or not, that may colonize on organic or porous surfaces when sufficient moisture is present.

“Remediation” – A protocol of assessment, containment, cleaning, removal, and repair designed to eliminate Visible Mold, correct Moisture Events, and restore the Premises to a habitable condition consistent with industry standards (e.g., ANSI/IICRC S520).

“Visible Mold” – Mold growth discernible to the naked eye, including discoloration or staining, but excluding minor mildew in bathrooms that can be removed with ordinary household cleaning.

“Water‐Intrusion Components” – Roofing, plumbing, HVAC systems, windows, doors, foundations, and exterior cladding designed to prevent Moisture Events.

3. MOLD DISCLOSURE & CONDITION OF PREMISES

3.1 Landlord Disclosure. Landlord represents that, to the best of Landlord’s actual knowledge and belief as of the Effective Date, the Premises:
 (a) [ ] contain no Visible Mold; OR
 (b) [ ] contain Visible Mold limited to the areas described on Exhibit A attached hereto.

3.2 Tenant Pre-Occupancy Inspection. Tenant acknowledges having:
 (a) conducted a reasonable visual inspection of the Premises;
 (b) received from Landlord the EPA publication “A Brief Guide to Mold, Moisture, and Your Home” (or a comparable informational brochure); and
 (c) been afforded the opportunity to raise questions regarding Mold conditions prior to occupancy.

3.3 Acceptance. By signing below, Tenant (i) accepts the Premises subject to Section 3.1, and (ii) agrees that any pre-existing Mold conditions disclosed in Exhibit A (if any) will be addressed in accordance with the Remediation Procedures in Section 5.

4. PREVENTION OBLIGATIONS

4.1 Landlord Obligations.

Landlord shall:
a. Maintain the structure, Water-Intrusion Components, and common areas in good repair and in compliance with the Virginia Residential Landlord and Tenant Act (VRLTA);
b. Promptly (within five [5] business days, or sooner if required by law) respond to Tenant’s written notice of a Moisture Event or Visible Mold;
c. Initiate Remediation, at Landlord’s cost, of Mold attributable to (i) building envelope failure, (ii) plumbing leaks not caused by Tenant, or (iii) common-area sources; and
d. Upon written request, provide Tenant with a copy of any post-Remediation clearance report or certification obtained by Landlord.

4.2 Tenant Obligations.

Tenant shall:
a. Use exhaust fans or open windows when bathing, cooking, or washing;
b. Maintain the interior of the Premises in a clean and sanitary condition free of excessive moisture and organic clutter;
c. Within twenty-four (24) hours of discovery, notify Landlord in writing of any Moisture Event, Visible Mold, condensation on windows, or malfunction of Water-Intrusion Components;
d. Promptly clean minor bathroom mildew with common household cleaners;
e. Operate HVAC systems per manufacturer recommendations and replace filters at least every [FILTER CHANGE INTERVAL]; and
f. Refrain from (i) disabling exhaust or ventilation fans, (ii) over-humidifying the Premises, or (iii) storing water-saturated items inside the Premises.

Failure by Tenant to comply with this Section 4.2 constitutes a material breach of the Lease.

5. REPORTING & REMEDIATION PROCEDURES

5.1 Written Notice. Upon Tenant’s written notice of a Moisture Event or Visible Mold, Landlord shall, within two (2) business days, acknowledge receipt and schedule an initial inspection.

5.2 Inspection & Assessment. Landlord may enter the Premises upon reasonable notice (not less than twenty-four (24) hours, except in emergencies) to inspect, photograph, and assess.

5.3 Remediation Plan. If Remediation is required, Landlord shall:
 a. Within five (5) business days after assessment, deliver a written Remediation plan specifying scope, timeline, and proposed temporary relocation (if any); and
 b. Commence Remediation within a commercially reasonable period, subject to force majeure.

5.4 Tenant Cooperation. Tenant shall grant access and temporarily relocate personal property as reasonably requested.

5.5 Cost Allocation.
a. Landlord bears Remediation costs except to the extent Mold results from Tenant’s violation of Section 4.2, in which case Tenant shall reimburse Landlord for (i) reasonable Remediation expenses, and (ii) any related damages to the Premises or personal property of others.
b. Unless otherwise required by law, Landlord is not responsible for damage to Tenant’s personal property; Tenant is encouraged to carry renter’s insurance covering Mold-related losses.

5.6 Completion & Clearance. Remediation is deemed complete upon issuance of a written clearance by a qualified third-party inspector or other reasonable confirmation that the Affected Area is free of Visible Mold and Moisture Events have been corrected.

6. TEMPORARY RELOCATION DURING REMEDIATION

6.1 If the Affected Area materially impairs habitability, Landlord may, at Landlord’s option:
 (a) Provide Tenant with comparable temporary housing at Landlord’s cost;
 (b) Abate Rent proportionally to the unusable portion of the Premises; or
 (c) Offer Tenant an early termination of the Lease without penalty.

6.2 Tenant’s sole remedy for loss of use under this Section is limited to Rent abatement or early termination as described above.

7. REPRESENTATIONS & WARRANTIES

7.1 Landlord warrants that, to the best of its knowledge, the Premises are delivered in a condition compliant with applicable health and housing codes regarding Mold.

7.2 Tenant represents that it has not observed Visible Mold other than as disclosed in Exhibit A (if any) and will immediately notify Landlord upon discovering any new Visible Mold.

7.3 Survival. The representations and warranties in this Section survive delivery of possession and shall not merge into any subsequent instrument.

8. COVENANTS

a. Landlord shall comply with all laws, regulations, and ordinances relating to habitability, Moisture Events, and Mold.
b. Tenant shall comply with all obligations set forth in Section 4.2 and shall not knowingly create conditions conducive to Mold growth.

9. DEFAULT & REMEDIES

9.1 Tenant Default. Failure to: (i) provide timely notice under Section 4.2(c), or (ii) comply with reasonable Remediation cooperation requests constitutes an “Event of Default” under the Lease, giving Landlord all rights and remedies provided therein, including but not limited to eviction and recovery of actual damages.

9.2 Landlord Default. If Landlord fails to initiate Remediation within the time frames in Section 5, Tenant may:
 a. Pursue the remedies available under the VRLTA, including filing an escrow action in the appropriate Virginia court; and
 b. Seek injunctive relief to compel Remediation.

9.3 Attorney Fees. The prevailing party in any action to enforce this Addendum is entitled to recover reasonable attorney fees and court costs as allowed by law.

10. RISK ALLOCATION

10.1 Indemnification.
a. Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, losses, or damages (including actual attorney fees) arising from Tenant’s negligence or willful misconduct in creating or failing to report Mold or Moisture Events.
b. Landlord Indemnity. Landlord shall indemnify, defend, and hold harmless Tenant from and against all claims, losses, or damages (including actual attorney fees) arising from Landlord’s negligence or willful failure to perform its obligations under this Addendum.

10.2 Limitation of Liability. Notwithstanding anything to the contrary, neither party shall be liable to the other for incidental, consequential, punitive, or special damages related to Mold, and liability is capped at the actual, direct damages proven.

10.3 Insurance. Each party shall maintain insurance customarily carried for its risk profile; Tenant is advised to obtain renter’s insurance covering personal property and additional living expenses.

10.4 Force Majeure. Performance deadlines are extended to the extent delayed by events beyond the reasonable control of the obligated party, excluding financial inability.

11. DISPUTE RESOLUTION

11.1 Governing Law. This Addendum and the Lease are governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to conflict-of-laws principles.

11.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [NAME OF COUNTY/CITY] General District Court or Circuit Court (collectively, the “Housing Court”), as applicable.

11.3 Arbitration. Arbitration is expressly excluded.

11.4 Jury Waiver. The parties do not waive constitutional jury trial rights.

11.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or other equitable relief to enforce habitability or health-and-safety obligations.

12. GENERAL PROVISIONS

12.1 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver of any future breach.

12.2 Assignment. Tenant may not assign the Lease or this Addendum without Landlord’s prior written consent, except as permitted by law.

12.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective successors and permitted assigns.

12.4 Severability. If any provision is held invalid or unenforceable, the remainder of this Addendum remains in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to achieve the parties’ intent.

12.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement with respect to Mold and supersedes all prior or contemporaneous oral or written statements.

12.6 Counterparts & Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., via DocuSign, PDF, or facsimile) are deemed originals for all purposes.

13. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Mold Disclosure & Prevention Addendum as of the Effective Date.

[Notary acknowledgment if required by local practice]

Exhibit A – Pre-Existing Visible Mold (If Any)

[Describe location, extent, and planned Remediation timeline; insert “None” if not applicable.]

[// GUIDANCE:
1. Ensure compliance with any local ordinances that impose stricter Mold disclosure or remediation timelines.
2. Attach EPA or state-approved Mold information pamphlet to satisfy disclosure duties.
3. Confirm with insurance carrier that policy language aligns with indemnification and liability provisions herein.
]