Years ago, lead was a popular paint component since it kept paint moisture-resistant and fresh. But science has shown that lead is highly toxic. If ingested or absorbed, lead damages vital organs and causes developmental delays in children. As a result, the U.S. government outlawed lead-based paint in 1978, though some states banned it sooner.
Who needs to make disclosures?
Since removing lead-based paint is difficult and costly, many homes built before 1978 retain one or more layers, usually sealed beneath drywall or newer paint layers. Resultantly, homeowners and landlords with properties built before 1978 must disclose the residence’s lead hazards before selling or leasing the property. To consult disclosure guidelines, consult the Lead-Based Paint Disclosure Rule in Section 1018 of Title X. Failure to make necessary disclosures could subject the property owner to legal action, including penalties and court costs.
What details must landlords and homeowners disclose?
The Lead-Based Paint Disclosure Rule outlines the information potential tenants or buyers must receive. For potential renters, the law requires these three disclosures:
- An EPA-approved pamphlet that details identifying and controlling lead-based paint hazards.
- Any known information about the property regarding lead-based paint or other hazards, including records, reports, or inspections. For a multi-unit building, this disclosure should include the results of any building-wide evaluations that affect common areas or other units.
- A lead disclosure lease provision that warns about lead hazards and confirms the landlord’s compliance with Section 1018 notification requirements. This provision must contain language specified by the Environmental Protection Agency.
Lead-based paint disclosure requirements can be cumbersome, but keep in mind that landlords must safeguard their property and their renters’ health. In addition, honest communication will enhance your relationship and keep you legally compliant. Finally, proper disclosure about lead hazards can significantly impact your tenants’ safety and well-being.
About Rentals America
Rentals America provides full-service property management for residential rental properties. Our team is wholly dedicated to property management, and we’re here to help landlords navigate the rental market.
