renter worried about lead based paint

[Roy Mitle]

I am renting out to a couple with a baby. the house is ~40 years old so earlier than 1978 in california.

We are required to provide lead paint disclosure. Everyone just says they are not aware (ie no one ever tested it). thats what our seller did and thats what i did to renter.

now renter is worried that lead paint can cause health issue for kid. she wants to get it tested. my realtor says that u will always get a result as positive. however, since this has been painted multiple times over it shouldn't matter unless the paint is peeling. 

Any ideas how to get out of this logjam?

[David Krulac]

@Robert P.

That may be a MA state requirement, but is not a Federal requirement or required in most states.

@Roy Mitle

Lead based paint was outlawed in 1978, any property built after that time does not need to be tested.  In practicality the law was actually passed ten years earlier in 1968, with a ten year phase in.  By the 1970, there was little lead paint used for inside residences, but you never know.

If you test, you then would need to disclose the results to every tenant and every prospective buyer for as long as you owned the property.  Preventively make sure that you never have peeling paint at your place.