Do you have to disclose lead paint on rental property?
These issues must be revealed before renewing or signing a new lease. In order for the disclosure to be valid, both the landlord and the tenant must sign an EPA-approved document that proves that the landlord disclosed any known lead paint or lead paint chips on the rental property.
Can a tenant sue a landlord for lead paint?
As a tenant, you have the right to know if your rental has any possible health or safety hazards, including lead. If your landlord has failed to disclose the presence of lead and you (or a loved one) is suffering from lead exposure, you should look into filing a claim.
What do you need to know about lead paint?
All sellers and landlords must disclose the presence of any known lead in a home or rental. Here are the steps, according to the EPA, landlords need to take to make sure they are following the letter of the law. Disclose any known information on the presence of lead-based paint in the building.
When do I need to put a lead disclosure on my lease?
Include a lead disclosure attachment to the lease, or language in the lease that includes a Lead Warning Statement, and lets tenants know you’ve complied with all notification requirements. Keep lead-based paint disclosure forms for at least three years after the lease of an apartment or other property.
What happens if a landlord fails to disclose lead paint?
If a landlord fails to comply with these procedures, he may face penalties from the EPA of up to $10,000 for each violation. In addition, if a landlord fails to disclose known lead paint hazards in a rental property, and a tenant is injured by the known lead, the landlord may have to pay the tenant triple damages in any lawsuit.
What should I do if I find lead paint in my apartment?
Renter Recourse Regarding Lead Paint. If you think your apartment has lead paint, report it to your landlord. You can also hire your own lead paint removal professional to provide a report for your landlord if the landlord didn’t divulge the presence of lead paint. Also, report this to your local rent board.
What is the federal lead based paint Hazard Reduction Act?
The federal Residential Lead-Based Paint Hazard Reduction Act (Title X), aimed at reducing lead poisoning, requires landlords to take measures regarding lead-based paint in certain rentals, and imposes hefty penalties when landlords don’t follow the law. Landlords who rent properties built before 1978 must make these disclosures:
When do you have to move out of lead-based paint?
All affected tenants must be given information about the hazards of lead-based paint two months before the renovation begins. If you are pregnant and live in a building that is being remediated for lead, moving out during the renovation is recommended.