LEAD BASED-PAINT & LEAD-BASED PAINT HAZARDS PAMPHLET & DISCLOSURE

IF YOU OWN AND RENT PROPERTIES THAT WERE BUILT PRIOR TO 1978, YOU MUST HAVE THE FOLLOWING ITEMS:

Most tenants and many landlords have no clue about lead-based paint disclosure laws. The primary reason for the disclosure is children can be adversely affected by exposure to lead-based paint. During the last several years the Environmental Protection Agency (EPA) has been auditing landlord property files (both individual landlords and property management companies) to ensure their tenants have acknowledged and signed the disclosure forms.

Tenant Notification Requirement. Landlords and property managers are required to inform the tenants of any potential lead-based paint in the property. If the rental property was built prior to 1978, chances are there is lead-based paint somewhere in the unit. The EPA requires that landlords notify (in writing) each of their tenants PRIOR to entering into the lease or rental agreement rental agreement that lead-based paint may exist. Please use the links below to obtain FREE and UP-TO-DATE LEAD-BASED PAINT PAMPHLETS and LEAD-BASED PAINT DISCLOSURES. (You will need Acrobat Reader to view the documents. Be patient, it may take a few minutes for it to upload)

EPA's LEAD HAZARD INFORMATION PAMPHLET

LEAD DISCLOSURE FORM

Known Lead-Based Paint & Hazards. If it is known for certain that lead-based paint hazards exists, landlords and property managers must disclose to their tenants any reports regarding to the presence of lead-based paint and/or hazards. These acknowledgements are made on a standard EPA form, AND landlords and property managers must provide their tenants an information booklet Protecting Your Family from Lead in Your Home that describes the dangers of lead. The landlord must also provide the prospective tenant ALL reports & records regarding these hazards.

Landlord Requirements & Required Action . The next question is what are landlords required to do about lead based paint? As of this writing, property owners are not required to have a lead based paint assessment conducted on the property or remove any known lead based paint. Landlords are only required to provide written disclosure whether or not they know if there is lead-based paint on the property and the booklet.

 Renovation Education Rule 406(b) If the rental property was built prior to 1979 and the property owner is going to have some work done to the property that is going to disturb the lead-based paint (even if the landlord has no direct knowledge of such paint), the landlord or property manager is required to:

Notice to Tenant(s). Give the tenants notice of the work and give the tenant another booklet, Protect Your Family from Lead in Your Home, describing the hazards of lead-based paint.

New Disclosure. Have the tenants sign another lead-based paint disclosure.

Certified Contractors. Use contractors or workers who are certified in lead abatement.

Date of Work. Notify the tenant the date the work is to begin and end.

Rule 1018 : Requires the disclosure of known lead-based paint and/or lead-based paint hazards by persons selling or leasing housing constructed prior to 1978 before the grantee (buyer) or lessee (tenants) is obligated under contract. Therefore, it is high recommended that the pamphlet and disclosure be handled PRIOR to actually signing the lease or rental agreement.