As a landlord, owner, broker and manager of rental properties, you play an important role in protecting the health of your tenants and their children. Buildings built before 1978 are much more likely to have lead-containing paint. Federal law requires you to provide certain important information about lead-containing paints and/or the dangers of lead-containing paint before a potential tenant is required to rent you under the lease. If lead-based color disclosure was included in the lease, it means that the property was built before 1978 and the owners of these homes are required to provide all tenants with this disclosure form if an inspection of the property found evidence of lead-containing paint in the home. Learn more about the requirements for disclosure of lead-based paint below or proceed to the free Lead-based Paint Disclosure Form. Disclosure of lead paints is a legal requirement for homeowners, as it helps protect residents from the dangers of lead paint and homeowners from legal consequences. While it may seem old-fashioned to deal with lead paint, the truth is that the use of lead paint wasn`t completely banned until 1978, meaning that many homes still contain dust and lead paint residue today. Exposure to lead paint is especially dangerous for children, and lead poisoning can cause dangerous health problems such as headaches and memory loss. Confirm that the tenant and landlord understand and accept the potential dangers of exposure to lead-based paint. All landlords who wish to rent an apartment built before 1978 to an individual must attach this form to the lease and have it initialized and signed by the tenant. If you have concerns about lead paint in the property, you have the right to ask your prospective landlord to get a lead risk inspection from a certified inspector before signing the lease.
As they say, it`s always better to play it safe than to apologize. The landlord and tenant must sign and date the disclosure form. There are four ways to safely control or remove lead-containing paint. These options include: Lead paint disclosure is a federal law that owners in all states must follow. The consequences of not disclosing lead-containing paint are serious, not only for the landlord, but also for tenants and their families, who may be exposed to this toxic substance. Landlords and tenants should be aware that there are apartments that can be exempted from the disclosure of lead-containing paints, including: Tenants, before signing a lease, it is important to know anything that contains lead-containing paint. Before putting the pen on paper, your landlord should have provided you with the following: At the time of signing the lease with a new tenant, you should at least ask the new tenants to sign the disclosure form. It`s also a good idea to print them a copy of the brochure or at least email them the link and ask tenants to confirm receipt by email. If you have a concern, ask your landlord to get a lead hazard inspection from a certified inspector before signing your lease. The Lead Paint Disclosure Form is a mandatory form issued to all tenants and potential buyers of residential properties built before 1978. Paint was banned at the time by the U.S.
Consumer Product Safety Commission (16 CFR 1303) because of the danger it presents during chipping. The forms were written to warn new owners or tenants of the possible existence inside the interior walls of the residence. Therefore, if a person lives in a nursing home and witnesses peeling or cracking paint, they should immediately inform the recommended local authorities. The links below provide you with a lead-based color disclosure for your rental property as well as a lead color brochure that you can give to your tenants. Pure and simple, yes. If landlords are aware of the lead-containing paint in their tenancy but do not disclose it and this negligence results in damage to a tenant or a tenant`s child, the tenant can sue the landlord for damages, by . B medical expenses due to lead poisoning. However, when medical professionals learned about the toxicity of lead paint to humans, the United States banned its use in paint for residential and public buildings in 1977. It has also been banned for toys and furniture. Since the introduction of the Lead-Based Residential Paint Hazards Act (Title X) in 1992, there have been very specific federal laws that homeowners must follow when exposing lead paints. A partnership between the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) created safety guidelines for homes built before 1978 to protect residents from the dangers of lead paint, which was commonly used in housing construction in the 20th century. Officially known as the Residential Lead-Based Paint Hazard Reduction Act, this law is designed to protect the public from health problems caused by lead paint.
Many homes and condominiums built before 1978 have lead-containing paint. Paint that has chipped or deteriorated, or on surfaces that rub against each other, such as windows and doors, creates lead dust that can pose serious health risks to occupants and visitors. Buyers and tenants have important rights to know if lead is present – before signing contracts or leases. In developing children, lead can damage the kidneys and brain, leading to behavioral problems and learning difficulties. People are exposed to lead-containing paint by touching lead paint and then in their mouths or eating paint chips and flakes. Many homes built before 1978 still have lead paint inside. Lead paint is one of the biggest dangers that landlords and tenants face when renting out older properties. If a rental property has paint containing lead or is suspected of having paint containing lead, you, as the owner, have certain responsibilities to communicate it to potential tenants. Failure to disclose the correct information can have serious consequences. What does it mean if there is a trial in the lease on the disclosure of lead paints? Here are the steps you need to take to inform potential tenants of the presence or possibility of lead-containing paint in the tenancy: Protect your family from lead in your home – This brochure is necessary to provide lead paint information to the new buyer or tenant. Because people didn`t know it was toxic for centuries, lead was added to many products, including paints.
Lead allowed the paint to dry faster, resist moisture and wear out better. Landlords are also required to provide potential tenants with HUD and epa information material on the dangers of lead paint. While this may seem like a lot of trouble, all to ensure that landlords are legally secure and that tenants maintain safe behavior to reduce their risk when living in a home with lead paint. Here is a brochure in English and a brochure in Spanish that you can print and attach to the rental agreement with the other materials. It includes recommendations for tenants on how to reduce the intake of lead particles with proper cleanliness and home repairs. Owners should expect high fines if even any of the above requirements are not met. The EPA has fined individuals and businesses up to $50,000 for failing to provide appropriate lead-based disclosure documents, with numerous fines starting at $10,000 per violation. Avoid fines and lawsuits and make sure your tenants are safe and healthy by following all the provisions of Title X. Trying to skip this process is dangerous and simply not worth it.
If you are planning a renovation of a property built before 1978, you must also disclose the presence or possibility of paint containing lead. At least 60 days before the renovation, you must provide your current tenants with information about lead hazards. You`ll need to give current tenants a copy of the EPA`s brochure on the dangers of lead paint. In addition to the hazards known in the disclosure form, landlords should also provide any records they may have of registered home inspectors. This information can help potential residents make a more informed decision and also show that the landlord has fulfilled their duty of care to ensure that the property is habitable. In the event that an in-property inspector has cleaned the house of the hazards of lead-containing paint, landlords do not need to provide the disclosure form or other documents, but only the approved reports of the property inspector. If your rental property was built before 1978, there could be a toxic substance in the walls, doors and window sills. This toxic substance is lead paint and it is a serious problem for you and your tenants.
If you`re a new or experienced homeowner who isn`t too familiar with lead-based color disclosures, it`s time to learn what your responsibilities are. Many landlords do not understand the specific responsibility they have when informing potential tenants of the presence of lead-containing paint. By law, you must follow a specific process outlined by the Environmental Protection Agency (EPA) before renting properties built before 1978. Known as Title X (Ten), a law enacted in 1992, requires landlords to disclose any known danger of lead-containing paint in the property to potential tenants. Do you have rental properties built before 1978? How did you hear about lead paint disclosure laws? Please share this article and share your experience with us in the comments section. The lead disclosure rule is another name for the Residential Lead Paint Risk Reduction Act, 1992 (Title X), which established the protection of residents from the dangers of lead-containing paint, which was common in housing construction until 1978. .