Toxic Mold Disclosure
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The Toxic Mold Disclosure allows the landlord to document any mold sightings and record other pertinent details of the situation to inform the tenant.
Document Last Modified: 3/27/2023
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State Specific Clauses
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The Massachusetts State Sanitary Code (Chapter II) establishes Minimum Standards of Fitness for Human Habitation that apply to all dwelling units, including leased units.
Duty to Maintain and Repair. The Sanitary Code includes a number of provisions that address the underlying causes of mold and moisture problems. For example, the Code requires: adequate ventilation in habitable rooms and bathrooms; weathertight structural elements that prevent infiltration of exterior moisture; and kitchen and bathroom facilities with smooth and impervious surfaces.
The Sanitary Code defines chronic dampness as "the regular and/or periodic appearance of moisture, water, mold or fungi." The Code broadly requires dwelling owners to maintain structural elements (including foundation, floors, walls, doors, windows, ceilings, and roofs) in good repair and free from chronic dampness, thereby incorporating a duty to address regular or periodic mold, moisture, and water intrusion in these structural elements. The Code also addresses mold and moisture in basements by prohibiting use or habitation of a room if more than half of its floor-to-ceiling height is below grade and is subject to chronic dampness.
Remedies/Enforcement. The Sanitary Code is enforced by local agencies, which are required to inspect a dwelling upon request and to order owners or occupants to make a good faith effort to correct violations within the time periods specified in the code.
The state is authorized to enforce the code if local agencies fail to do so. M.G.L. t. 111, §127A .
Following inspection, the local enforcement agency is required to issue an order to the owner or occupant of a dwelling that is not in compliance with the code, requiring the party to make a good faith effort to correct the violation within the time period specific in the code. 105 CMR §410.830. Parties who violate the code or who fail to comply with an order are subject to monetary fines, as well as to enforcement in the same manner that other local rules and regulations are enforced. 105 CMR §§400.200, 410.900-920. Under certain circumstances, the local enforcement agency may correct violations and recover expenses and any penalties.105 CMR §410.960.
This Toxic Mold Disclosure will inform tenants about mold and the potential health effects and symptoms if exposed to the fungus. A person exposed to mold may have allergy like symptoms like stuffy nose, itchy eyes, or trouble breathing. This form verifies that the tenant acknowledges the health effects, and that the landlord assisted the tenant with finding any informational pamphlets or documents provided by the EPA.
This document is easily created in three simple steps through the Document Builder Wizard and uses Auto-Fill Technology to automatically include the name and address for both the landlord and tenant. It also has a section where landlords can acknowledge whether there is any known mold in the unit. The Toxic Mold Disclosure also gives tenants information on how mold grows and how to control it (the Mold Prevention Addendum also gives additional information on treating and controlling mold). This document should be given to tenants at the beginning of the lease term and is incorporated and made part of the actual lease agreement.
The EPA Mold Guide should also be provided to the tenant.
