Disclosure Of Information On Lead Based Paint Rental
As a landlord, it is your responsibility to provide safe and healthy housing for your tenants. One of the dangers that you need to be aware of is lead-based paint. Lead-based paint was commonly used in homes built before 1978, and it can cause serious health problems, especially in children under six years old. In this article, we will discuss the disclosure of information on lead-based paint rental.
What is Lead-Based Paint?
Lead-based paint is paint that contains lead as an additive. It was commonly used in homes built before 1978, when it was banned by the Consumer Product Safety Commission. Lead-based paint is a danger to human health, especially to children under six years old. When lead-based paint deteriorates, it can create lead dust, which can be ingested by children through normal hand-to-mouth contact.
Disclosure of Information on Lead-Based Paint Rental
The Residential Lead-Based Paint Hazard Reduction Act of 1992 requires landlords to disclose any known information about lead-based paint in their rental properties. If your property was built before 1978, you must provide a lead-based paint disclosure form to any potential tenants. This form must include:
- A warning about the dangers of lead-based paint
- A statement that you have no knowledge of lead-based paint in the property
- A statement that you have knowledge of lead-based paint in the property
- A statement that you have provided the tenant with a lead-based paint pamphlet
- A statement that the tenant has the right to have the property inspected for lead-based paint
If you have knowledge of lead-based paint in your rental property, you must also provide the tenant with an EPA-approved pamphlet called "Protect Your Family from Lead in Your Home." This pamphlet explains the dangers of lead-based paint and how to minimize exposure to it.
Exceptions to Disclosure Requirements
There are some exceptions to the disclosure requirements for lead-based paint. If your rental property was built after 1978, you are not required to disclose any information about lead-based paint. If you are renting a room in your own home, and you have no knowledge of lead-based paint, you are also not required to disclose any information about it.
What Happens if You Don't Disclose?
If you fail to provide the required lead-based paint disclosure information to your tenants, you could face serious legal consequences. The EPA can fine you up to $16,000 per violation, and your tenant could also sue you for damages. It is much easier and cheaper to provide the required disclosure information upfront than to deal with legal problems later on.
Conclusion
As a landlord, it is your responsibility to provide safe and healthy housing for your tenants. If your rental property was built before 1978, you must provide a lead-based paint disclosure form to any potential tenants. Failure to do so could result in serious legal consequences. By providing the required disclosure information upfront, you can protect yourself and your tenants from the dangers of lead-based paint.