NOTE: This is an actual rental contract addendum being used by a company in the
State of Pennsylvania. Pennsylvania does have a mold disclosure law for
the sale of real estate.
It is the goal of this Addendum to provide sufficient information, and
instructions to enable the parties to protect the quality of the rented unit’s
environment from the affects of mold and mildew in its various forms. It is
also the goal of this Addendum to clearly set forth the responsibilities of
each of the parties to the rental agreement.
Information on Mold
Mold is found everywhere in the environment,
both indoors and outdoors. In fact mold is a significant portion of the
earth’s bio-mass. Without mold, dead organic material would rapidly accumulate
in the environment. If that were to occur, life as we know it would be
impossible to sustain. Therefore mold is both natural and an essential part of
earth’s biology.
Mold is especially effective in digesting cellulose
materials such as wood, leaves, grass, drywall, paper and dust. Part of what
mold does is to break these complex materials down into simpler substances
that can be easily recycled back into the eco-system.
Once mold has
completed the process of eating, by breaking down the complex materials, into
digestible substances, its next purpose is to reproduce. As part of the
reproductive cycle mold produces tiny airborne reproductives which are called
“spores”. Mold spores are literally everywhere in our environment. They are
found in the air throughout the year. The number of spores in the environment
swell in the warm humid months of summer. It is physically impossible to
remove mold spores from the air without special filtration equipment.
Experts are not in agreement as to the cause, but it appears that more people
are now developing sensitivities to airborne pollens, mold spores, dust and
animal dander than has historically been seen. Some people are affected by
mold spores in relatively benign ways such as watery eyes or a runny nose.
Other people can become seriously ill from exposure to mold, its spores,
and/or toxins. Mold is unlike other environmentally dangerous substances such
as lead that can be objectively measured to determine dangerous levels. Mold’s
impact varies tremendously from person to person. If you listen to the daily
weather reports, mold and pollens are often noted, as measured by so many
parts per volume of air. The higher number of mold spores, the greater the
number of people that may be affected.
Why is mold such a complex health
issue, when it is a naturally occurring life form which is found almost
everywhere? Mold produces not only spores but it also produces a by-product
which are generically described as “toxins”. Each form of mold competes for
food and survival with other life forms such as bacteria and other molds. In
an effort to defend itself from its enemies, mold produces toxins that kill
bacteria and other forms of mold. We are all familiar with penicillin, a mold
toxin, and its ability to kill bacteria. Unfortunately, mold toxins can cause
medical problems, even death for those people sensitive to mold by-products.
Mold must eat to survive. We now know that various forms of mold can digest
drywall, paper, hair, dust and soap scum. Just about anything organic in your
rental unit can be directed by mold. Two critical factors must be present for
mold to grow. The most important factor other than food to the growth of mold
is water. Without water, either in the form of liquid or
humidity in the air, mold cannot live and grow. Mold growth rate when food and
water are abundant increases when the ambient temperature rises. Hot and humid
weather is ideal for mold growth.
For additional information, you may
wish to access the EPA website at
www.epa.gov/iaq.
We
now know something about "Mold's" life processes and its functions in the
environment. We also know that mold must have food, water and warm
temperatures to survive. With this knowledge we can take the necessary steps
to keep mold where it belongs, outside your rental unit!
Effectively Preventing Mold
The most effective way to prevent
mold is to focus on what it needs to survive and thrive. Water is the most
important factor for mold growth inside buildings. If you can effectively
remove sources of water then mold growth will be prevented. As a Resident, you
must be especially alert and on guard whenever there is a water leak. Plumbing
leaks, roof leaks, foundation leaks or any other source of water that
penetrates into the rental unit MUST be reported in writing,
to the Landlord. As a Resident you are obligated to report, in writing, as
soon as practical, any defective condition on the premises which comes to your
attention and which you believe is the duty of the Landlord to repair. Failure
to make such a report in writing is a breach of your Residential Lease
Agreement and this addendum. A prompt report in writing will give the Landlord
the opportunity to repair the water penetration promptly and thereby prevent
the growth of mold.
Humidity is another source of water. Mold will live
off the humidity in the air when it condenses on any cold surface. When the
humidity level reaches 60% and temperatures are above 80 degrees Fahrenheit,
mold activity will increase. At relative humidity of 90% and temperature above
90 degrees Fahrenheit mold growth and resulting reproduction will dramatically
increase.
We urge you as a precaution to use your Air Conditioner
whenever temperatures are 80 degrees Fahrenheit or higher. You are required
by the terms of this addendum and your Residential Lease Agreement to use your
air conditioner to remove excessive humidity and thereby thwart mold growth,
whenever the outside temperature is 90 degrees Fahrenheit and the outside
relative humidity is 80% or higher. Moving air with fans will help by
creating drying, but high levels of humidity can only be effectively
controlled through the use of an air conditioner or dehumidifier during
periods of high temperature or humidity. If you do not use the air or a
dehumidifier under this circumstances mold will eventually grow.
It is
also important that you keep your apartment clean to deny mold potential food
sources. The bathroom is the most important area since it is continually used
for bathing and showers. The kitchen is another area of concern as a result of
its use for cooking and washing dishes. Regular mopping and or vacuuming is
required in both of these areas. Tilex®
and similar products that contain chlorine will kill mold, and are recommended
for bathroom use. For other areas you should use products like Tilex®
that will kill mold and that are also good surface cleaners. Please read the
labels of your cleaning products and use common sense. It is your
responsibility to remove standing water whenever you see it standing on
windowsills, frames or walls. You must remove the water and make sure that you
let things properly dry out. For example leave your bathroom door open after
showers. Properly hang your towels to dry. Wipe down wet surfaces such as
shower walls. If you have an exhaust fan in your bathroom make sure it works
and then use it.
If you become aware of any excessive mold growth especially on walls and
ceilings you must immediately notify the landlord in writing so that we can
examine the growth, determine the cause of the growth and effect proper
repairs. Again you are required by this addendum and the Residential Lease
agreement to give the landlord this notice as soon as it is practical.
Acknowledgement
The Resident acknowledges by signing this addendum that they have read and
understood this Addendum. The Resident acknowledges that it is necessary to
make use of appropriate climate controls to keep humidity below 60%. Resident
further acknowledges that they have a duty to keep the rental unit clean and
take measures to retard and prevent mold from accumulating in the unit and/or
on the surfaces of the rental unit. Resident agrees to clean and dust on a
regular basis and remove visible moisture accumulations on windows, wall and
other surfaces. Resident agrees not to block or cover any heating ventilation
or air conditioning ducts in the rental unit. Resident also agrees to
immediately report to the landlord at the management office: (i) any evidence
of water leak or excessive moisture in the Unit, as well as in any storage
room, garage or other common area; (ii) any evidence of mold- or mildew-like
growth that cannot be removed by simply applying a common household cleaner
and wiping the area; (iii) any failure or malfunction in the heating,
ventilation or air-conditioning system in the Unit; and (iv) any inoperable
doors or windows. Resident further agrees that Resident shall be responsible
for damage to the Unit and Resident’s property as well as injury to Resident
and Occupants resulting from Resident’s failure to comply with the terms of
this Addendum.
IN CONSIDERATION OF THE LANDLORD TAKING THE STEPS AS OUTLINED HEREIN, LANDLORD
SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, CLAIMS OR LOSSES,
INCURRED BY RESIDENT ARISING OUT OF OR RELATING TO MOLD OR ANY OTHER FUNGUS OR
AGENT THAT MAY BE ASSOCIATED WITH ALLEGED DEFECTS IN THE UNITS, INCLUDING, BUT
NOT LIMITED TO, PROPERTY DAMAGES, PERSONAL INJURY, ADVERSE HEALTH EFFECTS,
LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, OR LOSS OF VALUE OF
THE UNIT AND RESIDENT HEREBY RELEASES LANDLORD FROM SAME. THIS MEANS THAT
RESIDENT SHALL NOT SEEK TO HOLD LANDLORD RESPONSIBLE UNDER ANY LEGAL THEORY
FOR ANY DAMAGES WHATSOEVER CAUSED BY MOLD OR ANY OTHER AGENT.
LANDLORD:
By: _________________________________________
Authorized Agent
Date: _______________________________________
