Lead-Based Paint in Rentals: Required Disclosures

There are limits to how thoroughly a prospective tenant can check out a potential new rental unit. Most rental property tours don’t reveal everything about an apartment, townhome, or rental home. For example, potential tenants can’t check the dwelling unit’s insulation for asbestos or test the paint for lead.

Fortunately, tenants and renters don’t have to rely solely on the landlord or property owner for accurate disclosure. Federal, state, and local laws require landlords and property managers to disclose defects that could be hazardous to human life and safety. One of the more well-known disclosures is the federal lead paint disclosure.

This article answers frequently asked questions about lead paint disclosures in residential rental properties. If you’re unsure whether your landlord has met all disclosure requirements, a local landlord-tenant attorney can review your lease and explain your rights.

• Why do we need a lead-paint disclosure rule?
• What is the federal disclosure rule for lead paint?
• How do landlords fulfill disclosure requirements?
• Does the Act cover all types of rental properties?
• Do disclosure requirements apply to renovations?
• Other types of disclosures
• Get legal help from an attorney

Why Do We Need a Lead-Paint Disclosure Rule?

Lead paint is hazardous to human health and safety. According to the U.S. Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA), about 64 million homes have some lead-based paint exposure. About 1.7 million children have high levels of lead in their blood.

Lead poisoning can lead to significant health problems, including the following:

• Brain damage
• Other organ damage
• Reduced intelligence
• Abnormal fetal development

These disclosures are vital for new tenants unaware of the building’s history.

What Is the Federal Disclosure Rule for Lead Paint?

Federal law governs lead-paint disclosures. In 1992, Congress passed the Residential Lead-Based Hazard Reduction Act (“Act”), or Title X. This Act aimed to protect everyone from exposure to lead in paint, dust, and soil through disclosure in real estate transactions.

The Act applies to buildings constructed before 1978. The EPA and HUD manage and enforce the Act.

Under this Act, landlords and property management must do the following:

• Disclose any known information about the existence of lead-based paint or lead-based paint hazards, including the location of such paint or hazards
• Give the tenant a copy of an EPA-approved pamphlet on how to assess and manage lead-based paint hazards
• Confirmation that the property manager complied with notification requirements. The property manager can give you access to records or include language in the lease or rental agreement.

How Do Landlords Fulfill Disclosure Requirements?

Landlords can fulfill disclosure requirements in several ways. One is through the lease agreement. Landlords can include disclosure language for a prospective tenant to confirm in the lease agreement. In some states, like Maine, landlords use a disclosure form prepared by a local agency to make disclosure.

Landlords who fail to provide proper lead-based paint disclosures for required residential properties can face serious civil and financial penalties. Find local legal help.

Does the Act Cover All Types of Rental Properties?

The Act does not cover all types of rental properties. Several types of rental properties are not covered by the Act. These include:

• Lofts, efficiencies, studio apartments, and other residential leased properties that contain zero bedrooms
• Housing constructed after 1978
• Single rooms rented in a larger residential building
• Short-term rentals of 100 days or less
• Any housing certified as lead-free by a certified lead inspector
• Any housing designed for elderly persons (at least one tenant is 62 years of age or older)
• Housing for people with disabilities

Do Disclosure Requirements Apply to Renovations?

Yes, they do. To protect tenants of any rental property, a landlord must provide notice whenever they renovate. This is true for an occupied rental unit or common area in a rental property building constructed before 1978.

Under EPA regulations, the landlord must provide at least 60 days’ notice to affected tenants. This includes tenants occupying the rental property and all tenants affected by common area renovations. This rule applies to renovation projects that are likely to disturb painted surfaces.

If the landlord wants to renovate an occupied rental unit, they must provide the tenant with a copy of the EPA pamphlet mentioned above. If the landlord is renovating the common area of a rental property, the contractor must distribute a notice to every rental unit that describes the following:

• The work they are undertaking
• The location of the work
• The dates that the work is to begin and end

Other Types of Disclosures

Lead-based paint is not the only hazard landlords must disclose. State laws regulate other landlord disclosures to reduce the public’s exposure to health hazards in residential dwellings.

These state disclosure laws include, but are not limited to, the following:

• Bed bugs and bed bug infestations (California, New York)
• Whether the property owner has plans to convert the rental property into condominiums
• Radon
• Methamphetamine (California)
• Tenant’s right to move-in forms (Arizona)
• Foreclosure (Minnesota)
• Notice of the use of pest control services (California)
• Sex-offender database (California)
• Security deposit, including written notice of itemized deductions
• Smoking policy

Please note: different states have different required disclosures for residential property rentals and sales. Real estate agents often help home sellers identify required disclosures during the home sales process.

Lead Paint in a Rental? Get Legal Advice