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Once used widely in homes, stores, offices, and most other buildings, lead-based paint was banned within the U.S. in 1978, thanks to health and safety concerns.
When could be a lead-based paint disclosure required?
The disclosure is required irrespective of whether you recognize for sure that lead-based paint is present on the property, and whether or not you’ve got taken steps to switch it with non-toxic paint (and look for professional house painters Florida homeowners would hire to have this done).
What must a lead paint disclosure include?
The disclosure must discuss the Residential Lead-Based Paint Hazard Reduction Act of 1992 that iterates the fact that homes built before 1978 typically used lead-based paints which pose a health risk if ingested. This legal requirement is usually brought up as “Title X.” On the shape, you’ll indicate whether or not you recognize any particular lead-based paint hazards on the property.
Before acquiring, the tenant must sign the shape acknowledging that they understand these risks, are given the desired pamphlet, and are given a replica of any information regarding known lead paint dangers on the property.
What lead-based paint pamphlet should I provide?
The Environmental Protection Agency’s lead-based paint pamphlet should be provided to new tenants attached to the lead disclosure form. The pamphlet, titled “Protect Your Family from Lead in Your Home,” details the risks of residential lead exposure and is accessible in multiple languages. This pamphlet was recently updated to incorporate lead dust-related standards that became effective on Three Kings’ Day, 2020, so confirm to use the latest version.
What if the tenant wants more information?
If you don’t comprehend any specific lead-based paint hazards on your property (assuming it absolutely was built before 1978), you’re not required to examine it for contamination.
If you’re undecided about the presence of lead-based paint, but a brand new tenant wants more information, they’ll ask you to induce a lead hazard inspection from a licensed inspector before they sign the lease. Generally speaking, you’ve not required to fits the request, but you will opt to do so so as to fill the unit. If you’ve got questions on your legal obligations as a landlord or property manager, sit down with a lawyer.
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Are there any lead-based paint disclosure exemptions?
Yes, there are some exceptions to the lead paint disclosure requirement for landlords. Most private and housing development is roofed by this requirement, but exemptions generally include:
- Housing built during or after 1978
- Housing for the elderly (unless children board the unit)
- Housing for the disabled (unless children sleep in the unit)
If you’re unsure about the disclosure requirements for your property, ask a lawyer.
How long do I want to stay copies of a signed lead-based paint disclosure?
You are typically required to carry on to those records for 3 years from the date the lease begins. The signed disclosures will provide legal defense in the event that a tenant is harmed from illness while living on your rental property and claims they failed to receive a lead-based paint disclosure.
What if you don’t disclose lead paint to a tenant?
Both the EPA and therefore the Department of Housing and concrete Development (HUD) enforce this requirement and sometimes audit landlords and conduct on-site inspections.
Failure to go with the disclosure requirements may end in civil fines of up to $10,000 per violation and criminal fines of up to $10,000 (and up to 1 year in jail) per violation. If you discover yourself during this situation, a landlord-tenant lawyer can help.
Can tenants sue me for not disclosing anything?
The court may award triple the number of amends to a harmed tenant, plus attorney and legal fees if it finds that you simply willfully violated the disclosure requirement.
Stay compliant
There are quite a few moving parts involved in renting out a property, including differences in state and native laws.