Are you thinking of leasing a property or renting one, that has lead-based paint on it? Paint that is worsening creates lead dust that results in serious health hazards. Any apartment building built before 1978 can contain lead-paint.
Thus, renters and homebuyers have the right to know whether a lead is present before signing documents. That’s why the lead-paint disclosure form is vital for both landowners and tenants. Being a landowner, you play a crucial role in protecting the health of renters and their families.
What Is a Lead-Based Paint Disclosure Form?
The lead-based paint disclosure form is a centralized law that landowners of all states must comply with. If the landowner fails to sign a lead paint disclosure form, then they will face severe consequences.
Additionally, the renters and their families may get exposed to toxic substances if they don’t sign a disclosure form. However, the landlords can give potential tenants any records to disclose the presence of lead.
The report or record should provide information about the inspection for or discovery of lead paint. Exposure to lead can cause weakness, anemia, kidney, and even brain damage. That is why; every renter wants to check whether the renter property contains lead or not.
It is the responsibility of the lessor to disclose the presence of lead in the rental property. The landlords can sign on a disclosure form, which guarantees that the property is free from toxic substances like lead.
What Are the Components of a Lead-Based Paint Disclosure Form?
There are some basic components that are important to include in the lead-based paint disclosure form such as information of both the parties. Other than these, there are various important components that are necessary to add. Some of them are:
- Lessor’s Disclosure: The landowner must provide vital information related to lead paint hazards in the paint disclosure form. Hence, the landlord needs to mention whether they have knowledge of lead-based paint or its hazards in the housing.
- Reports and Records: It informs that the lessor has provided the renter with all the accessible records concerning to the lead-based paint. So, it is vital for the landlord to attach all the necessary documents with the form. Some of the landlords have no knowledge about the lead-paint disclosure form. In that case, they are incapable of providing any record related to lead-based paint.
- Tenant’s Acknowledgment: It assures that the lessee has received copies of the disclosure form. According to the lead paint disclosure act, the renter can receive the pamphlet approved by the Environmental Protection Agency (EPA). The pamphlet titled “Protect Your Family from Lead in Your Home”.
- Agent’s Acknowledgment: It provides information that the agent is aware of their accountability to ensure agreement.
- Certification of Accuracy: It reveals that the lessor, lessee, and agent have reviewed the information mentioned above.
How Should I Use a Lead-Based Paint Disclosure Form?
The landlords can provide potential renters with an EPA-approved brochure. Before allowing any tenant to use the rental property, the landowner should provide a disclosure form. The form must include the location where the lead-based paint has been found in the property.
It is beneficial to provide an EPA-approved lead-based paint disclosure form as a part of the original lease. Also, the form should include a checklist as well as space for both landowners and renters to sign.
From the day the renter signed the lease agreement, the landowner should preserve the disclosure form for three years. The landowners must provide 10 or more days’ notice to the potential renters to conduct a lead-based paint inspection.
The landlord can attach a lead paint warning to the lease contract. The contract will warn the tenant of the lead-based dangers. Moreover, the landowners can share any records or reports of the lead-based paint tests on the leased property.
Of note, the lead-based paint pamphlet tells whether the rental property has any lead-based paint hazards or not. Therefore, all the landowners are legally obliged to report any known threat on rental property as per the EPA Regulations
Why Should You Use a Lead-Based Paint Disclosure Form?
Lead-based paint serves as one of the most severe hazards faced by landlords while renting the older properties. The lead-based paint disclosure form is vital that ensures the protection of the renters from lead-like toxic substances.
Though lead-based paint is not a serious concern for adults, for children and pregnant women it is dangerous. The EPA and Department of Housing and Urban Development estimate that nearly three-quarters of houses built before 1978 contain lead-based paint.
However, the main objective of the lead-based disclosure is to alert the tenant to the dangers of lead-based paint. After the inspection, both the parties can relax and feel free to discuss the costs of lead reduction.
Lead paint disclosure is a must, especially if the landowner is renting the leased property to families with children. So, having a lead-based paint pamphlet can give peace of mind to landowners and tenants plus make renters feel safe.
The landowner, who is not able to follow the essential steps required for the disclosure form can face legal trouble. It can include punishments, high penalties, and fines for each violation. So, the owner of the property prior to 1978 should provide a lead-based paint disclosure form while renting it.
However, there is no requirement to re-inform the tenant about the disclosure form upon renewal. Signing on the original document is enough for ensuring the renter’s safety while using the landlord’s property.
Conclusion
The lead-based paint disclosure form is helpful for both the landowners and tenants. For the landlords, the disclosure form can save them from paying damaging charges and other penalties under law.
The tenant can save themselves from serious hazards of lead-based paint by signing on the disclosure form. If the landlord wants to prepare an adequate disclosure form, then they can take help from templates provided by CocoSign.