Landlords Lead Responsibility

There has been recent widespread publicity about the dangers of lead as a result of the Flint Water crisis. One of the reasons why the Flint Water Crisis has led to so much publicity is because it is extremely dangerous for children under 6 to be exposed to lead. Children that are exposed to lead can develop developmental delays, Attention Deficit Hyperactive Disorder (ADHD) and even death.

However, the biggest potential lead threat to children is not the water they drink but the paint in the homes they live in, and as a landlord you may be responsible for mitigating that risk. In 1978 the U.S. Consumer Product and Safety Commission banned toxic lead based paint. However, there are still an estimated 24 million homes and apartments built before 1978 that contain lead based paint.

Federal law requires landlords to disclose to tenants any known lead based hazards. In order to ensure that the landlord disclosed lead hazards both the tenant and landlord must sign an EPA approved lead disclosure form. If a landlord fails to comply with EPA regulations they may face a $16,000 fine for each violation. In addition, the landlord may have to pay 3X the damages the tenant suffered as a result of any lead exposure that the landlord failed to notify the tenant about.

If you’re a landlord and your rental property was built before 1978 you should make sure it is lead free by getting a lead paint inspection by a certified lead inspector. If your property does have a lead based paint hazard then you need to get a disclosure signed by your tenant and you should look into getting the lead based paint removed. Once signed you should keep a copy of the disclosure in your property management system. Using Building Management Software that enables you to easily save and keep important documents like lead disclosure forms organized can save you time and protect you from expensive government fines that can occur if you lose important paperwork.

This post is provided by RISSOFT Residential and Commercial Property Management Software, specializing in innovative and cutting-edge property management software for all 50 states. Request a demo or contact us today to receive more information.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.