Title X was introduced in 1992. The Residential lead-based paint hazard act is part of federal law, and landlords are required to follow it when focused on lead-based paint disclosure.
Overall, the Environmental Protection Agency (EPA) and HUD (Housing and Urban Development) created some safety guidelines for houses built prior to 1978 to protect all residents from the dangers that lead-based paint presents.
It's important to know what to include on your lead-based paint disclosure form and create one for yourself.
Why Do You Require the Lead-Based Paint Disclosure?
Across the U.S., landlords are legally required to have a lead-based paint disclosure because it protects residents from lead paint dangers and legal repercussions for landlords. It might feel old-fashioned to be worried about lead-based paint, but most of it wasn't banned completely until 1978.
Therefore, most homes today contain the residue and dust. Exposure is particularly dangerous for kids and can cause lead poisoning and dangerous health problems, such as memory loss and headaches.
Generally, lead poisoning cases are rare because most of the paint has been covered or removed. However, the lead-based paint disclosure is a precautionary measure to tell residents that there could be a small risk.
Tenants and landlords must know that some residences might be exempt from the disclosure, including:
- Senior housing where children aren't in residence
- Homes without bedrooms, including studio apartments
- Short-term rentals leased for 100 days or less
- Residences that were cleared of the lead paint by a professional property inspector
- Homes built after or during 1978
Lead-Based Paint Disclosure for Landlords - The Requirements
Landlords and tenants must understand the required documentation to be sure that everything is in order before they sign a lease agreement or even a purchase agreement. Here are a few things to note:
1. Attach Your Lead-based Paint Disclosure Form to the Lease Agreement
Landlords are required to attach a lead-based paint disclosure form to the lease document, which lays out the lead-based paint hazards known for the unit. This includes coats of paint on the siding and bedroom. Likewise, it will state that both people understand the danger of exposure and agree to live there.
2. Include Records for Past Inspections
Along with the known hazards, landlords must provide the records they've received from property inspectors. This information will help residents make more informed decisions and shows that they're doing due diligence to ensure a habitable property.
If the property inspector cleared the house or apartment of lead-based paint dangers, the landlords don't have to offer other documentation other than those reports.
3. Provide Your Government-created Resources on Lead Paint
Landlords must provide their potential tenants with informational resources from the EPA and HUD about the dangers of lead-based paint. While it seems like a hassle, it's to ensure that they are covered. Likewise, tenants will use safer behaviors to avoid a risk when lead paint is present.
4. Keep Appropriate Documentation for a Full Three Years
If a landlord has a long-term resident, they must keep the records of the signed lead-based paint disclosure and the home inspection findings from a certified inspector for three years. However, the landlord isn't required to give a new disclosure for each year unless new hazards were uncovered during the time.
5. Pay the Fines if You Don't Meet Regulations
Landlords could face significant fines if they don't meet the requirements above. The EPA has instilled fees of up to $50,000 for companies and individuals because they didn't offer appropriate disclosure documents, and some fines begin at $10,000!
It's crucial to avoid legal ramifications and fines by following the regulations outlined in Title X. You want your tenants to remain healthy and safe and shouldn't skip out on that process because of the dangers involved.
What's the Lead Disclosure Rule?
The Environmental Protection Agency came up with the Lead Disclosure Rule, which is often called Title X, in 1992. It's now part of federal laws that protect residents from all the dangers of lead-based paint, which was common for home construction projects until 1978.
Can the Landlord Get Sued for Lead Poisoning?
Yes, landlords can get sued for lead poisoning. If they know there are lead-based paint chips in the rental property and don't disclose that information, they could get in trouble. That negligence must result in harm to the tenants and their children, and the tenant can then sue for damages, including medical bills.
What's It Mean When the Lease Agreement Contains the Lead-paint Disclosure Attachment?
Whenever a lead-based paint disclosure is included with the lease, it means that rental property was ultimately built prior to 1978. Landlords of these homes and apartment buildings must provide the disclosure form when property inspections find evidence of lead paint
Where to Get Your Lead-based Paint Disclosure Form and Others
While you might be a worried landlord right now, there's nothing to fear. You simply need to create a form to attach to your lease before a new tenant moves in. It's simple to do when you know where to turn.
You can find lead-based paint disclosure forms at DoorLoop. We also carry many other rental forms that you may need to comply with the rules in your state.
Simply browse through them to find what you need. This will protect you and the tenants while ensuring that you're in line with all the laws.