FAQs –Lead Disclosures For Rental Property A Must

Before renting out or renovating their rental property, landlords are required to disclose lead-based paint or other environmental hazards, as they may be held liable for tenant health problems resulting from exposure to lead or asbestos.

Ques. Does a landlord have any legal responsibilities towards tenants regarding lead content on his / her rental property?
Ans. When it was found lead poisoning caused serious health problems, the information led to the 1992 enactment of the Residential Lead-Based Paint Hazard Reduction Act, commonly known as Title X (Ten). The implementation of Title X by Environmental Protection Agency (EPA) regulations applies to all rental property built before 1978.

Title X ensures landlords must disclose all lead-based paint and hazards on their property to tenants, before leases or rental agreements are signed or renewed. It requires both landlord and tenant to sign an EPA-approved disclosure form, as proof the tenant has been informed of the presence of lead on the premises. These disclosure forms must be kept by property owners for a minimum of three years from the date a tenancy begins.

Failure to comply with EPA regulations can result in landlords being slapped with penalties of up to $10,000 for each violation. And, if a landlord is found liable for a tenant’s health issues, direct outcome of exposure to lead, he / she may have to pay a steep price in damages.

Ques. Are certain rental properties exempt from Title X lead disclosure regulations?
Ans. If, the following applies to your rental property, then Title X does not cover them:

1. Any housing that was built after obtaining a construction permit or one built after 1st January 1978.
2. If, the rental property is a loft, efficiency, or a studio apartment.
3. Short-term vacation rentals of 100-days or less are not governed by Title X.
4. Single room rentals in private residences.
5. Any housing that has received a lead free certification from a state-accredited lead inspector.
6. Housing designed for disabled individuals, unless a child less than 6-years of age is expected to live with them.
7. Retirement communities i.e. housing designed for seniors, where one or more tenants is, at least 62 years old, unless children under six are present or expected to live there.

Ques. Does a landlord have to make a lead disclosure when going in for renovations of his / her rental property?
Ans. Yes, it is important a landlord, in accordance with EPA regulations, begins renovation of occupied rental units or common areas in buildings constructed before 1978, after informing current tenants of lead hazard, at least 60-days before beginning to renovate. EPA regulations define renovation as any change that disturbs painted surfaces, with some exceptions, such as, minor repairs and emergency renovations. Developed under the federal Toxic Substances Control Act, these regulations became effective in June 1999.

Before beginning renovation of an occupied rental unit, the landlord or contractor must provide the unit’s occupant with a copy of the EPA pamphlet entitled: “Protect Your Family From Lead in Your Home.” In case common areas will also be affected, notices must be distributed to every rental unit in the building, with a description of the nature and location of renovation work, including dates work is expected to begin and end.

Apart from lead, property owners are also liable for tenant health problems related to other environmental hazard exposure, such as, asbestos. Regulations issued by Occupational Safety and Health Administration (OSHA) sets strict standards for testing, maintenance, and disclosure of asbestos in buildings constructed before 1981.

While, landlords avoid unnecessary litigation by screening prospective tenants and employees, as well as, by conducting background checks, by visiting www.e-renter.com for tenant screening and background check services, they must ensure their own carelessness does not result in being sued for health problems by tenants.