You may have already read about the effects of lead on the human body and the prognosis is not good at all. This only came into light about 40 to 50 years ago. Today, many condominiums and homes built in the early 70s have used lead-based paints. The paint has since chipped or deteriorated, especially on surfaces like doors and windows that rub together. This makes it essential to make yourself aware of the presence of lead through a lead paint disclosure.
Because of the danger that lead paint poses, a lead paint disclosure form is important. You should issue this document to all potential buyers and tenants for residential structures built prior to 1978. This type of paint was specifically outlawed by the US Consumer Product Safety Commission back then because of the dangers when the paint chips.
The purpose of lead-based paint disclosure was to serve as a warning any new tenants or owners of the potential presence of this paint within the home’s interior walls. Should a person who lives in an older home witness cracking or chipping of paint, he should inform the proper local authorities right away.
The US Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 for the protection of families from lead exposure from dust, soil, and paint. It’s now a requirement of the EPA and HUD to disclose any information regarding lead-based paint and lead-based paint hazards before the lease or sale of houses built before the year 1978.
Apart from issuing a lead paint disclosure form, sellers and landlords must comply with the following rules before performing any ratification of a contract or lease of property:
If you plan to sell your home, you should also provide the homebuyers with a 10-day period for conducting a paint inspection on your property or make risk assessments for lead-based paint or lead-based paint hazards.
You may extend this time period on mutual agreement between you and the buyer if there is a need for further inspections. However, homebuyers opt not to take this opportunity to perform an inspection.
Landlords, agents, rental property managers, and owners should always have in mind the important role of protecting the safety and health of tenants and their families. As mentioned earlier, buildings built prior to 1978 have a higher likelihood of having lead-based paints.
Today, it’s a requirement of Federal Law to provide information regarding lead paint through a lead paint disclosure form before any potential renter gets obligated under lease. As a landlord, you should provide the following to potential tenants of structures built before the year 1978:
Aside from their business intentions, sellers and real estate agents should also protect the health and safety of the families who would move into the new homes you sold them. You should already know that buildings built prior to 1978 are more likely to have used lead-based paints.
Federal law has made it a requirement to provide information about lead-paint before a potential buyer gets obligated under agreement to buy your home. Under law must, you must:
All landlords and sellers as a requirement by law, must disclose to the homebuyer or tenant the presence of any lead you’re aware of in a rental property or home through a lead paint disclosure. According to the EPA, here are the steps you must take as a landlord to ensure that you comply with the law. You must:
The lead-paint hazard pamphlet provided by the Department of Housing and Urban Development comes in a number of languages. You can also download a Lead Warning Statement in both English and Spanish. Remember that you don’t have to provide such information each time your tenant renews the lease.
This only applies to new tenants ready to sign the lease. Apart from renewals, there are other situations when you don’t have to give a lead paint disclosure including:
The lead-paint disclosure is an essential aspect of the rental process, especially if you plan to rent to a family with children. Always take precautionary steps by giving your tenants the information they need to give them peace of mind and ensure a safe, happy home.
If you intend to put your house in the market either for rent or for sale, and it has been around before 1978, you should understand your responsibilities, especially in terms of the federal Lead Residential Lead-based Paint Disclosure Program. Most of the time for homes built before 1978, compliance with the program is a must. Any violation of the requirements would cost you a hefty fine.
It’s also important that the lead-paint disclosure exists for disclosure only. There is no need to have a pain inspection done before renting or selling. If, for instance, a potential buyer chooses to do a paint inspection that may or may not reveal the presence of lead-based paint, you’re not obligated to remove it.
The main purpose of this disclosure is to notify a tenant or buyer about the potential dangers of lead-based paints. Once you have made and issued the disclosure, you can freely negotiate the cost of the lead removal or reduction if desired.
You as a homeowner of a structure built in the years before 1978 need to comply with federal lead-based paint disclosure requirements if you intend to either sell or rent out your home. Compliance isn’t onerous but is still an essential step so you won’t have to pay fines for non-compliance or worse, having to deal with a lawsuit.
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