Lead-Based Paint Disclosure 

Owning an older home comes with charm, but it also poses a unique set of challenges. Upkeep, renovations, and lease disclosures may look different due to changes in methods and materials of home-building over time. There are rules and regulations for some of these practices and factors that govern how you conduct your rental business. One such regulation is the lead-based paint disclosure, a federally mandated disclosure that all rental property owners must include in leases of homes built before 1978. 

This article will help you understand what a lead-based paint disclosure is, when to use one, and why they’re important as a landlord or property manager. 

What is a Lead-Based Paint Disclosure?  

Before 1978, lead-based paint was common in homes, stores, and other widely used buildings. It was marketed as vivid paint that dried quickly and was durable. What wasn’t known until 1978, when lead-based paint was banned, was that the health risks of exposure to this kind of paint are varied and potentially severe, including reproductive problems, anemia, kidney damage, and harm to the brain. 

So, if you own a home that was built before 1978, selling or leasing it will require a lead based paint disclosure. This disclosure is required by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) and is typically included in lease agreements for these properties or as a separate addendum to the lease. The disclosure requires landlords to inform new tenants of the risks of potential lead-based paint, regardless of its known presence on the property. For multi-unit buildings, this also covers common areas such as kitchens or lounges. 

When is a Lead-Based Paint Disclosure Used?  

The lead-based paint disclosure is used when a buyer is purchasing your property or when a new tenant is moving into one of your rental units. Tenants must be made aware of the risks and potential hazards of lead-based paint before they move in, which is why the lead-based paint disclosure is signed with the lease before moving into the unit. Informing new tenants of the potential health risks and the effort you’re making to keep the property safe lets them make a more informed decision about living in your unit.  

Who is Involved in a Lead-Based Paint Disclosure?  

There are two parties in a lead-based paint disclosure form: the seller or landlord and the buyer or tenant. As a landlord or seller, your responsibility is to disclose whether you’re aware of any lead-based paint on the property, as well as if you have information or records from inspections and other testing to back up the disclosure. This means that tenants or buyers should sign to verify that they’re aware of this risk and have access to the information and records about potential lead-based paint in the unit. 

What is Included in a Lead-Based Paint Disclosure?  

There are several factors to a lead-based paint disclosure that are needed to ensure its validity. First, you’ll need a lead warning statement of the potential existence of lead-based paint on the property. You’ll also need to provide tenants with a required Environmental Protection Agency (EPA) pamphlet about the identification and control of lead-based paint in a home, titled, “Protect Your Family from Lead in Your Home.” 

As previously mentioned, you’ll need to tell tenants whether you’re aware of any lead-based paint hazards in the home (and where) and provide any information you have from inspections and other forms of testing that corroborate this information. The tenant will then sign to acknowledge their understanding of the potential risks and that they have been given access to inspection information and the EPA pamphlet. 

Tenants may also request an inspection of the home for lead-based paint if one hasn’t been conducted or they would like further testing to be completed. As a landlord, you’re not legally required to do this for a tenant, but it may be worth the time and effort since it will likely help you to fill the unit. 

This legal form should be completed and signed as part of the leasing paperwork before a tenant moves into your unit. 

Lead-Based Paint Disclosure FAQs  

How long should I keep a lead-based paint disclosure?

After both you and a tenant sign a lead-based paint disclosure, you’re only required to store it in your records for 3 years according to the EPA, as proof of compliance in case a tenant’s health worsens due to lead exposure. After that period is up, you aren’t required to retain the signed acknowledgement, but it’s never a bad idea to hold on to this type of document, especially if the tenant still lives on the property. 

What happens after I complete a lead-based paint disclosure?

In theory, after you and your tenant have signed the lead-based paint disclosure, nothing will happen. The tenant will move in, and your business will continue. The disclosure fulfills your legal duty to inform a tenant of potential risks and protects you in the case that a tenant claims they were never told about the hazards of lead-based paint exposure.  

What if I don’t include a lead-based paint disclosure in my lease?

Not including a lead-based paint disclosure on a property built prior to 1978 puts both you and your tenants at risk. Skipping this disclosure would be breaking the law and would put you in serious trouble if a tenant were to become ill from lead exposure without having been informed of the possible hazard in the building. Developing lead poisoning is a dangerous condition that could produce permanent neurological damage, which is why providing the disclosure and lead hazard information pamphlet are required by federal law. 

Some exceptions to the Residential Lead-Based Paint Hazard Reduction Act include homes built during or after 1978, designated housing for the elderly or disabled (unless a child lives there as well), and rental properties with terms of 100 days or less (such as a vacation rental). If you’re unsure if you’re required to share this form with a tenant, reach out to legal counsel who can advise you further, but as a rule of thumb it’s always a good idea to be safe and keep potential tenants informed. 

Conclusion  

A lead-based paint disclosure is a vital legal form for property owners with homes built prior to 1978. They’re not only required, but they also protect you legally and allow potential tenants to make informed decisions about their housing options. Curious about where to find a lead-based paint disclosure template? You can download a copy of Innago’s lead-based paint disclosure pdf above. 

 

Innago does not provide legal advice. This article is for educational purposes only and may not include the most up-to-date information. We recommend you consult with professional counsel if you have legal questions regarding your compliance with relevant laws.