Lead-based paint was all the rage for decades. Praised for its ability to reduce drying time and resist moisture, lead-based paint was used in almost every painting application until research pointed at its harmful effect. Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 to protect families from exposure to lead from paint, dust, and soil. HUD and EPA require the disclosure of any known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978. So, what does that mean for you as a landlord with a rental built before 1978?
Well for starters, you need to assess your property to see if it was in fact painted with lead paint. The chances of your property having remnants of lead paint are much higher if the property was built before 1978 since that was the year lead paint was banned by the government.
What Is Lead Paint?
Lead paint is actually one of the earliest forms of liquid pigment paint. The use of lead-based paint dates back to the 4th century BC and was used well into the late 20th century until its harmful effects were discovered. Lead was a popular additive in paints because it allowed for a dense, opaque coverage and helped speed up dry time, crucial when painting multiple coats.
The widespread use of lead paint became a serious problem when the toxic nature of the metal became well known in the early 20th century. It was also deemed a serious danger to children since lead has a sweet taste and its use was widespread throughout toy manufacturing. Its use was banned in household paints and other applications in 1978, which is why it’s so important to have an older property thoroughly inspected.
Do Landlords Have to Disclose Lead Paint to Tenants?
Yes. The Residential Lead-Based Paint Hazard Reduction Act of 1992 makes it so that any lead paint or any apparent danger of lead poisoning from lead paint in the property has to be disclosed to the renter before they sign a lease. The renter must also be informed about the hazards of lead paint, not simply the presence of it in the property. There are exceptions to the 1992 act. It only applies to buildings built before 1978, but it’s not uncommon to find lead paint in properties built after that year. It also doesn’t apply to vacation rentals of 100 days or less, or single rooms rented in a residential dwelling.
How to disclose lead paint to tenants
Lead paint disclosure must follow a specific set of parameters to ensure that tenants are made aware of both the presence of lead-based paint and the hazards it poses. The landlord must provide the tenant with an EPA-approved pamphlet that discusses lead-based paint hazards. The tenant must then be briefed on any and all lead paint applications in the property, including location of the paint and the condition it’s in. Landlords should also brief the tenant on what measures were taken to either remove the paint or acceptably cover it with a non-lead-based alternative.
This information should be included in a separate section in your lease that uses “Lead Warning Statement” so that it stands out and clearly relates this information to potential tenants. When you create your lease with Apartments.com, you can easily create a lease that adheres to local and state ordinances to protect you and your tenant. Your lease will be accessible at all times so you can reference it if needed.
What Is the Lead-Based Paint Disclosure Rule?
The lead-based paint disclosure rule is a section of the Residential Lead-Based Paint Hazard Reduction Act of 1992 that requires such specific disclosures for tenants and buyers of homes built before 1978. As mentioned, this rule requires discrete and specific language that informs tenants (and buyers) of the hazards of lead paint in a pre-1978 property, its location and condition in that property (if known), and a section concerning a “Lead Warning Statement” in a contract or lease.
This rule covers most private and public housing, but there are exceptions, so make sure to check state and local laws. There could be more specific rules applying to lead-based paint disclosure and handling.
How to Determine If Your Property Has Lead Paint
Assessing your property for the presence of lead paint is crucial before you rent to tenants, and especially before you start any home renovations. If the property was built before 1978, there’s a good chance there’s lead paint on the property. That doesn’t mean it’s exposed paint, it may have been properly painted over to contain the lead or removed completely.
Landlords are not required to test for lead paint, but simply inform the tenant that its presence is very likely. However, it is wise to have your property tested for lead paint if it was built before 1978, especially if you’re unclear as to whether lead-based paint was or is present on the property. After all, you want to protect your tenant’s health and safety, so having a clear idea where lead paint is on the property and its current condition is beneficial for both parties.
Hire a professional to inspect your property for lead paint
A home inspector will give you the most accurate results for a lead-based paint test and a better idea of how much of a hazard the paint poses to you and your tenants. DIY lead paint tests can be purchased at your local hardware store, but they do have their limits. Some tests have a different threshold for indicating lead presence, which can lead to a false negative. You can end up with a test telling you there’s no lead present, when in reality there is a significant amount that just happened to be under that test’s indicator threshold.
Leave it to the pros to test for lead paint. They can accurately inspect every surface of your home with X-ray devices that can measure different substance levels in your paint. The DIY route can become expensive if you want to accurately test every surface. Professionals can also give you a better understanding of how much risk the paint poses depending on if the paint is cracked or exposed, or if it has been covered by latex paint.
The Benefits to Testing for and Removing Lead Paint
Lead-based paint was so widely used that landlords and renters alike will be dealing with it for years to come. But don’t worry! Modern testing and lead paint removal will ensure a safe living environment for all. Be sure to properly disclose any lead-based paint risk and its presence to your tenants. When it comes to covering or removing lead paint, modern latex paints can completely encapsulate lead paints, and removal services can safely dispose of this outdated pigment as well.
