Lead-Based Paint Mandatory Disclosures

As a landlord, you play a role is ensuring the health and safety of the tenant renting your home.

You'll need to take added steps and precautions to protect your tenant and comply with all federal laws.

If your home was build prior to 1978, it may contain lead paint, which can be potentially hazardous.

Failing to disclose this information to your tenant is illegal and could land you in hot water.

Complying with federal rules and regulations isn't complicated, but many landlords simply aren't aware of the requirements.

Notice Requirements
Under the Residential Lead-Based Paint Hazard Reduction Act of 1992, also referred to as Title X, you're required to disclose known lead paint information if you're renting out a house built prior to 1978.

If you know for a fact lead paint wasn't used, you're in the clear.

However, if you're unsure or you suspect lead paint, you must inform the tenant and follow the HUD Notice Requirements.

Before your tenant signs a contact you must:

  • Give your tenant an Environmental Protection Agency approved information packet that identifies and explains how to control lead-based paint hazards.The EPA explains lead poisoning and the potential dangers of exposure, including a range of cognitive and developmental defects in children, even death. The most commonly used information pamphlet is the EPA's "Protect Your Family From Lead In Your Home."
  • Notify the tenant where the lead paint is located in the home. Let him or her know the condition of anything painted uses lead-based paint.
  • Provide any records of the lead-based paint that may have been discovered during a building evaluation or home inspection.
  • Insert a "Lead Warning Statement" as an attachment to the lease to confirm you complied with all necessary notice requirements. You and the tenant must both sign the statement. You'll need to maintain this form as part of your records for at least three years from the date the tenant signs the lease.

Rules for Renovating
When you plan to renovate a home built prior to 1978 and you have a current tenant, you need to provide him or her with a lead hazards warning at least 60 days before the work begins.

This is a requirement under the Toxic Substances Control Act of 1999. It's important to note the EPA has its own definition of the term renovation.

The EPA defines a renovation as anything that disrupt the painted surface. Emergency and minor repairs are the exceptions.

You'll also need to give the tenant the EPA pamphlet "Protect Your Family From Lead in Your Home."

If it's a building renovation affecting common areas, you'll need to provide the notice and pamphlet to each tenant.

In addition to the lead notices, landlords may be liable for tenant health problems that can result from exposure to hazards, including asbestos.

Failure to Comply
If you fail to comply with the EPA regulations, you can face fines and penalties up to $16,000 per violation, as of 2015.

In addition to the hefty fees, you run the risk of a civil lawsuit if the tenant finds out you failed to disclose the home contained lead.

If you're found liable for your tenant's injuries resulting from the lead-based paint, you may be forced to pay up to three times what the tenant suffered in damages, which can include medical bills and lost wages.


Posted on Aug 27, 2015


Most Important Landlord Tenant Laws in Texas

When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More

The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More

The Landlord Tenant Laws in California

The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More

Understanding the Landlord Tenant Laws in Illinois

People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More

How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More

The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More

The Landlord Tenant Act: What Landlords Need to Know

All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More

Landlord Obligations: The Responsibilities of a Landlord

Becoming a landlord is a major deal and no one can simply get up and think, “well, yes I think I should be a landlord and rent out my flat.” If you are thinking that you would like to be a landlord,... More

The Best Landlord Associations for Landlords to Join

If you’re a landlord and want to manage your business in a better way, you should endeavor to get in touch with those industry experts who have the experience and the skills to help you do it. This is... More

The Best Landlord Forums

Landlords and aspiring landlords, do not become as such, without guidance and advice. There is a lot that goes into being a landlord nowadays; in fact, there is so much to learn that it often confuses... More