OpenJurist

What are a landlord's legal responsibilities regarding lead in rental property?

Because of the health problems caused by lead poisoning, the federal Residential Lead-Based Paint Hazard Reduction Act was enacted in 1992. This law is commonly known as Title X (ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978.

Under Title X, before signing or renewing a lease or rental agreement, and before undertaking any renovation, a landlord must give every tenant the EPA pamphlet, Protect Your Family From Lead in Your Home, or a state-approved version of this pamphlet. At the start of the tenancy, both the landlord and tenant must sign an EPA-approved disclosure form to prove that the landlord told the tenants about any known lead-based paint hazards on the premises. Property owners must keep this disclosure form as part of their records for three years after the tenancy begins.

A landlord who fails to comply with EPA regulations faces penalties of up to $10,000 for each violation. And a landlord who is found liable for tenant injuries from lead may have to pay three times what the tenant suffered in damages.

Some properties are not covered by Title X:

  • housing for which a construction permit was obtained, or on which construction was started, after January 1, 1978;
  • housing certified as lead-free by a state accredited lead inspector;
  • lofts, efficiencies, and studio apartments;
  • short-term vacation rentals of 100 days or less;
  • a single room rented in a residential dwelling;
  • housing designed for persons with disabilities, unless any child under the age of six lives there or is expected to live there; and
  • retirement communities (housing designed for seniors, where one or more tenants is at least 62 years old), unless children under the age of six are present or expected to live there.

Ask an Attorney

Feel free to ask a legal questions that you would like answered. Your question will go directly and only to Deskin Law Firm, a professional law corporation. Deskin Law Firm will contact you directly to discuss your situation, usually via telephone, so please provide multiple ways to reach you via phone. Your situation will be kept confidential. There is no cost to discuss your situation and no attorney-client relationship is created by simply filling out the form and sending it.

Please type your first and last name.

Please type your area code and phone number.

To most effectively be able to reach you, please type another phone number where we may be able to reach you.

Please type the city and state (and country if outside the USA) that you live in.

Please type your email address and check it to make sure it is correct.

CAPTCHA

This question is for testing whether you are a human visitor and to prevent automated spam submissions.
14 + 2 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.