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Lead-Based Paint Disclosure

Any lease agreement associated with a property built before 1978 must include a Lead-Based Paint Disclosure required by law. The federal government outlawed the use of lead due to the hazards and harmful effects it can have on the body.

When paint begins to fracture and disintegrate, threats can emerge. Dust is the primary source of concern as it can cause serious harm to humans, children, animals, and pregnant women.

If a tenant living in a building notices any cracks or deterioration in the walls or ceilings, he or she should immediately call the owner to have a qualified inspector check the property for lead or any other harmful substances.

Lead-based Paint Disclosure
Disclose info about lead-based paint hazards.
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What you need to know

Are any rental properties immune from the Lead-Based Paint Disclosure rules?

Lead-Based Paint Disclosure rules do not apply to these properties:

  • Houses for which a building permit was issued or construction began after January 1, 1978.

  • Lofts, efficiencies, and studio apartments.

  • Short-term holiday rentals (less than 100 days).

  • A leased single room in a residential building.

  • A state-accredited lead inspector certifies that a home is lead-free.

  • Housing built for people with a disability is prohibited unless children under the age of six are present or expected to live in the property.

  • Senior centers (housing meant for elders, where one or more residents are at least 62 years old), unless children under the age of six are present or expected to live there.

What is a landlord’s liability for asbestos exposure?

Property owners may be held accountable for tenant health problems caused by exposure to other environmental dangers, such as asbestos, in addition to lead. The Occupational Safety and Health Administration (OSHA) established strict guidelines for asbestos testing, management, and disclosure in buildings built before 1981.

Please note: TenantCloud nor any of it affiliates provide legal advice. For any contract, disputes or other legal matters it recommended to confirm with legal counsel.