{"id":353357,"date":"2016-04-04T10:46:52","date_gmt":"2016-04-04T15:46:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/renting-buying-or-renovating-a-pre-1978-home.html"},"modified":"2023-11-08T16:32:01","modified_gmt":"2023-11-08T21:32:01","slug":"renting-buying-or-renovating-a-pre-1978-home","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/renting-buying-or-renovating-a-pre-1978-home.html","title":{"rendered":"Renting, Buying, or Renovating a Pre-1978 Home: What To Know About Lead"},"content":{"rendered":"\n
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Renting, Buying, or Renovating a Pre-1978 Home: What To Know About Lead<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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Homes built before 1978 may contain lead-based paint, which poses serious health risks as it deteriorates into dust and chips. Federal law requires landlords, sellers, and renovators to inform residents about these hazards and follow specific safety protocols. Renters, buyers, and homeowners should use certified professionals to manage lead safely during renovations.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Residential properties built before 1978 often contain lead paint. As the paint deteriorates, particles break off and turn into lead dust. This also produces lead-based paint chips. Both these things are hazardous and can cause serious health complications.<\/p>\n

Fortunately, federal law gives some protection to consumers. The U.S. Environmental Protection Agency (EPA) enforces the\u00a0Toxic Substances Control Act<\/a>\u00a0and the\u00a0Residential Lead-Based Paint Hazard Reduction Act<\/a>.<\/p>\n

The EPA mandates that people renting, buying, or renovating a pre-1978 home receive information about the\u00a0dangers of lead-based paint<\/a>. Landlords and sellers also must take specific steps to minimize the health hazards of lead paint.<\/p>\n

If you have developed an illness from lead exposure in your home, you have legal rights. Contact a toxic tort attorney<\/a> near you to share your story and learn how to protect your rights. An attorney can determine if you have a valid legal claim and advocate for you throughout the process.<\/p>\n

Renting<\/h2>\n

If you plan on renting an older home<\/a>, ask the landlord if the building contains lead paint. Ask about lead in the drinking water. As a final step, ask the municipal clerk if there are resources for renters living in pre-1978 buildings.<\/p>\n

Landlords of residential properties built before 1978 must give prospective tenants information about the dangers of lead-based paint before they sign a lease<\/a>. An EPA-approved pamphlet gives renters advice on shielding themselves from lead-based paint hazards.<\/p>\n

Landlords also must disclose any information regarding lead-based paint on site. This disclosure applies to common areas of multi-unit properties as well. Finally, according to the\u00a0Department of Housing and Urban Development<\/a>\u00a0(HUD), the lease must include a “Lead Warning Statement,” confirming that the landlord has followed all the notification requirements.<\/p>\n

Buying and Selling<\/h2>\n

Sellers of homes built before 1978 face the same obligations as landlords. The seller or real estate agent must provide an EPA-approved pamphlet before a prospective buyer can enter into a legally binding contract. They must also disclose any known information<\/a> on lead-based paint dangers. The contract of sale must also have a “Lead Warning Statement.”<\/p>\n

Sellers face additional requirements that go above and beyond landlords’ requirements. They must give the buyer ten days to inspect the home<\/a> for lead-based paint hazards. This inspection period can be shortened or lengthened with a mutual written agreement.<\/p>\n

The buyer has the right to inspect, but they can waive this right. If the buyer examines the home for lead-based paint, best practices dictate that he hire a\u00a0certified inspector<\/a>.<\/p>\n

Renovating Property<\/h2>\n

If you plan to renovate a pre-1978 home, there are steps to ensure that renovations are conducted properly and do not release lead into the air. Federal law requires that contractors provide lead information to residents before renovating a pre-1978 home.<\/p>\n

Before starting work, renovators must give you a pamphlet entitled “Protect Your Family from Lead in Your Home<\/a>.” You must also take steps to protect your family from lead exposure. Property owners must take these precautions as much as they want to renovate after purchasing their home.<\/p>\n

These steps include the following:<\/p>\n