Lead based paint disclosure/brochure, which ones?

Question

I'm getting ready to list my first rental that was originally built in 1920. (As is everything around here) It has been rehabbed but I was given nothing about LBP as this was a foreclosure. Since it was built prior to 1978, I'm just going to include the disclosure. The problem is that I've seen several different brochures ranging from two to 19 pages. Which one do you use? I've seen mostly the same disclosure form, but could you please let me know which one you're using. Thanks

Marcia Maynard · Answer

All of my rental buildings are pre-1978.  I have done the course work on lead-based paint abatement and got certified.  I've tested my buildings and found lead-based paint in limited areas of the 1925 and 1941 properties, but not in the 1950 or 1973 or 1976 properties.

I use a one page disclosure form and give the tenant a copy of the EPA brochure "Protect Your Family From Lead In Your Home."  I keep a copy of the document (which also shows I gave them the brochure) with their signature on file and will archive it forever after they vacate, just in case they should make a claim years later.  This is done for every tenant in every building that pre-dates 1978.

There are federal regulations that could put you at risk if you do not comply. "Landlords have to disclose known information on lead-based paint and lead-based paint hazards before leases take effect."

In my buildings that do have a lead-based paint hazard.   It is not a hazard unless exposed and disturbed.  Same holds true for asbestos.  If you renovate while a tenant  is in place, give them the EPA brochure "Renovate Right" and follow the guidelines outlined therein.

Go to www.epa.gov/lead for more information.

Steve Babiak · Answer

I use the HUD form rather than the one that @Ned Carey supplied:

"Protect your Family From Lead" brochure

You can print the pages from the PDF two on one side so that you don't use as much paper; ink will be used no matter what.

And you also want to get the federal form disclosing the lead paint situation:

http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12345.pdf

Michael Seeker · Answer

Do these folks not have an email address?

I always email this thing and have a section of my lease where they sign saying they've received and read it (though I doubt anybody ever actually reads it).  I've got the email in my sent folder for as long as google will save it (probably forever) or you can go one step further and save a copy of the email to your computer.  Printing it is a huge waste of time and resources!!

Ned Carey · Answer

Actually what I use is the one @Steve Babiak pointed to. I believe the one I pointed to is the newer version. It is dated Sept, 2013 and it says you can still use older versions.

Mike S · Answer

I was hoping that it wasn't the 19 page document but I guess I'll crank up the inkjet and print it. Thanks.

Ned Carey · Answer

EPA disclosure page

Your state  may have their own additional disclosures.

Colleen F. · Answer

More then you ever wanted to know about lead. I think you will find guidance here:  http://www2.epa.gov/lead/renovation-repair-and-painting-program but if Kentucky has their own laws about this then the disclosure could be different.

The other thing we put in the lease that they received the disclosure and there is another form they need to sign as well in RI...

I email it for documentation purposes too

James Wise · Answer

I use the brochure from the EPA it's 14 pages.

You give the tenant the brochure and then they sign the LBP disclosure stating that you gave them the brochure and if there is or isn't (to your knowledge) LBP in the home.

Lead based paint disclosure/brochure, which ones?

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