Exterior lead paint

[Lori Edelman]

I bought a duplex in Saginaw, MI and out of an abundance of caution (tenant safety is my utmost priority) , I conducted a lead test which showed that some window frame paint samples inside the house had lead paint. My now former property manager agreed to encapsulate “all windows” as part of getting the home rent ready. 

Fast forward over a year later and I have switched to a better property manager. When issuing a new lease to the current tenants we disclosed the lead test and encapsulation. Apparently my old property manager didn’t properly disclose because now the tenants are worried about the exterior window frames and want them encapsulated because the paint on them is chipping. 

In the absence of any lead testing or report on the exterior windows, what do I do? Do I get a test for lead on the exterior windows or just go ahead and encapsulate them? Am I even required to do any encapsulation or remediation on exterior lead paint? Do I ask my former property manager for the $750 that it will cost to encapsulate the exterior windows since they failed to “encapsulate all windows” or identify/address them? I’ve already spent a small fortune and a lot of time and effort fixing all of the former PM’s mistakes so this is just icing on the cake. My new PM is concerned that the tenants will conduct a lead test on exterior windows paint themselves if we don’t but I wonder if we wait until if/when they do so. They have two disabled kids in their 20s and are claiming that this is why exterior lead remediation is so important.

[Drew Sygit]

@Lori Edelman ugh, why did you do that?

Now you have to tell EVERY tenant about what you found!

What you've really done is put a bullseye on yourself for a tenant to file a lead-based poisoning case against you:(

Or, they will use the info as an excuse to not pay rent or break their lease.

AND IT'S ALREADY HAPPENING with the current tenants:(

They are only making it an issue on the lease renewal because you told them (which you are now required to do).

Confused about why you think previous PMC is responsible for exterior of windows not being encapsulated. 

You wrote, "I conducted a lead test which showed that some window frame paint samples inside the house had lead paint".

You did the test, it was up to you to determine how & what needed to be addressed. Property Management Companies are NOT Asset Managers!

Have you complied with Saginaw's rental inspection requirements?
https://www.saginaw-mi.com/168/Building-and-Code-Enforcement

If so, the tenant has little grounds to demand anything as the city inspector would flag any issues.