Lead paint

9 Replies

Hi,

I bought this house built in 1948 and don't remember if the seller provided the lead paint disclosure. So I don't know if there is lead paint or not.

The house has tenant now what should I do now if tenant ask for lead paint disclosure?

Not much chance of it not having lead paint, unless it was properly removed, which is also not likely. Either way you need to provide the disclosure info based on what you do know ... When it was built. You can say that you don't know on the disclosure. I would not wait for them to ask, though I am not sure what the best way to handle it would be. Personally, I would ask my lawyer.

There is a pamphlet you can download from the EPA website and comes with a form you can have them sign saying they received it

Normally I put it in the lease that the lead disclosure was given and give them the lead disclosure when they sign the lease. there is also a paper they sign in RI saying they received it.

The problem is @Rao V. you're supposed to give them the pamphlet and the disclosure BEFORE you rent it to them. That's why, like @Walt Payne said, you need to ask your lawyer how to remedy the situation and give them the disclosure ASAP.

so if I give the disclosure that I do not know. Can I be in trouble later on. For example there was lead based paint and they sue me for exposure?

This rule is such crap. People act like a pamphlet will solve world's lead paint problem. Unless they eat the trim ,nothing will happen. Wonder what kinf of stuff we do now that will be considered unacceptable in the next 15yrs.

This is what I would do.

1. Give them the "Protect Your Family From Lead In Your Home" and "Mold, Moisture and Your Home" booklets that are published by the EPA.

2. Have them sign a "Disclosure of Information" form for each. Which states you gave them the booklets and have disclosed to them all know hazards in regards to these two subjects (Lead Based Paint and Mold). Archive the forms forever in case someone wants to place a claim against you years later because they are suffering a medical condition and think your property caused it. I have such a form that I can share with you if you message me.

3. If you don't know if the house has lead based paint and if you do not know of any current hazards, then there is nothing to disclose other than you have no knowledge of such hazards.

4. If you get the house tested, then you must disclose what you find. Testing can be expensive. The health risk from both lead based paint and mold can be effectively mitigated. Read the pamphlets yourself. It's not scary.

5. Most tenants would not even think of asking you about this. Federal law requires you to inform them anyway. I approach it straight on.... "Here is some important information I want you to have. I think you will find it informative and helpful."

Originally posted by @George P. :
This rule is such crap. People act like a pamphlet will solve world's lead paint problem. Unless they eat the trim ,nothing will happen. Wonder what kinf of stuff we do now that will be considered unacceptable in the next 15yrs.

There are several things you are oh so wrong about. If anyone, at any time, sanded the trim, or walls where there was lead paint then there is lead based dust created. In lots of places. Older window types have all kinds of cracks to hold the dust. Then years later someone replaces the windows and the worker is exposed. Then the laborer sweeps up the dust and anyone nearby is exposed. Of course they didn't care about total cleanliness, so some dust was left behind. In all kinds of other places ....

I know all too many people who suffer the effects of lead poisoning, and there are a lot of people out there who don't even know it. And it does nasty things to your body.

I have lead paint at my currently-being-rehabbed property (built 1910). At this point, it's exposed on the front porch - everything inside has been painted over so many times it will NEVER see the light of day. The way it was explained to me, as long as you don't sand it & dispose of the chips properly (assuming you're scraping it off), you're okay. You must disclose anything you know about it, plus give them a copy of the EPA pamphlet (they must sign that they received it) & tell them not to let the kids gnaw on the porch. The house I grew up in was covered in multiple layers of peeling lead paint (fun to pick off!) & amazingly, my mother didn't let us eat it. Go figure.

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