A mold addendum is an additional component to an existing rental agreement. It serves to provide an acknowledgement from the owner that there is no mold on the property, to the best of their knowledge. This serves to protect the owner and provide education to the tenant. The acknowledgement could provide a recommendation to the tenant on guidelines to prevent mold and what they can do to obtain an inspection, at their own cost. Additionally, the addendum will provide potential consequences of not complying with the addendum.
What to Expect When Signing a Mold Addendum?
A tenant can expect for the Mold Addendum to provide a reasonable definition of what mold is and what can occur if mold is present in the property. Additionally, it can provide the tenant with preventative steps to take, in regard to mold. Potential steps listed could range from not blocking ventilation, air-conditioning, heating, keeping residence clean, removing visible moisture at all times, etc. The addendum will seek agreement from the tenant that they will be completing their due diligence in the care of the property. Additionally, it will provide the tenant with potential consequences if mold is found on the property.
Clauses Found in a Mold Addendum
The following is a list of common clauses found in a Mold Addendums:
Termination of Tenancy – This clause will include language advising the tenant that the landlord reserves the right to terminate tenancy if mold is found. This clause can be subjective due to the fact that it is at the landlord’s discretion and judgement, whether mold or mildew is present on the property.
Inspections – This clause within the addendum advises the tenant that the landlord can seek to inspect the property at any time. The landlord would be responsible of providing a reasonable amount of time of notice, prior to the inspection to the tenant.
Violation of Addendum – This clause advises the tenant of the property that violating any conditions or terms within the Mold Addendum could result in adverse action taken by the landlord. The action could stem from seeking damages, request repairs or replacement, cleaning and eviction of property, which must be completed immediately upon request.
Hold Harmless – This clause advises the tenant that they cannot attempt to make the landlord or management company responsible for any potential mold that may be found during tenancy. This includes holding the owner responsible from any losses, damages, claims, actions, expenses, that could be incurred as a result of mold being found on the property.
Should I Sign a Mold Addendum?
A tenant can refuse to sign a mold addendum, as they cannot be forced to do since the residential agreement is already in place and it cannot be revoked. However, to ensure a healthy relationship remains with the landlord or property management company, this is encouraged. Prior to doing so, the tenant should seek their own inspection of mold on the property by a licensed professional. The tenant can certainly attempt that the landlord provide payment for an inspection to ensure the property is free of mold prior to signing the addendum. Both parties are then made aware of the true current state of the property.