How big an issue is lead paint?

Question

How big a problem is lead paint today? If i disclose that i dont know if the apartment has lead can i rent it out to a family with kids? I live in Massachusetts.

Dennis M. · Answer

I make sure to tell the tenant not to let junior eat the paint chips . Those aren’t Pringle’s boy ! Nothing is worse than tenants eating the building materials and the structure of the house like termites

Robert Loiselle · Answer

@Michael Raposo  I'm about to be licensed as a lead paint inspector in MA (waiting on paperwork to be finalized and currently hold a provisional license).  Happy to help answer questions you might have on the process and anything else lead paint related.

As mentioned by @Charlie MacPherson, the "I don't know" on the disclosure doesn't cover you.  If a child was poisoned...you'd be automatically liable if you don't have a lead paint compliance letter for that unit/house.  It's called "Strict Liability" and is the real teeth of the lead paint laws in MA.  You're also required to test and delead properties with children under 6 residing in them.

First place to start would be to check the state database to see if the property has been tested (see link below).  A majority of properties in the state haven't been tested, but always a good idea to see if there's any history on the place.

https://eohhs.ehs.state.ma.us/leadsafehomes/defaul...

The lead paint laws in MA were recently changed (Dec 2017) and actually requires fewer surfaces to be deleaded...which results in lower costs for landlords/owners to get their properties into compliance.

Colleen F. · Answer

In MA it is done but it doesn't comply with the law and you are better off mitigating the risk. Saying I don't know is fine when selling but  on a rental isn't sufficient.  Read up so you understand where you may have lead paint before you get any lead testing done. Wood windows, wood siding, painted doors can be issues. How much it costs to mitigate really depends on the house. Old houses with old wood windows almost never pass lead testing, that is  a big expense.  If you already have vinyl windows, and your older doors aren't painted your expense may be minimal.   I assume you ask because it is an old  house, newer houses it is assumed to be lead free after a certain year.

Russell Brazil · Answer

The single biggest cost I had on my Massachusetts properties was fixing the lead paint issues. Many places, not a big deal....Massachusetts its a hige deal. (Baltimore too)

Nicole A. · Answer

In Maryland, we're required to have rentals built 1978 and before lead tested. At least in MD, there are varying levels of lead certificates such as "lead safe", "limited lead free", and "lead free". All of my properties are lead free, which in MD, means that I never have to retest the property again. I will always strive for lead free.

If you buy a property that needs work, get the lead test first before any renovation work is done. You don't want to get reno underway and *then* do a lead test and discover you need to change your scope of work.

Also, my properties were built in the 40s and 50s (and one in the 70s), and none of them required major work to become lead free.

So while it is serious and you shouldn't ignore such a requirement, it's also (at least in my experience) typically not all that difficult of a process either.

Charlie MacPherson · Answer

@Michael Raposo  It's a HUGE deal.  And no, an "I don't know" answer is not sufficient.

If kids are munching on the windowsill, it takes a paint chip the size of a quarter to cause actual brain damage - and that's cumulative.  It could be a combination of dust from lead paint (like windows with lead paint being raised up and down) and little tiny paint chips that get ingested.

This should help - https://www.mass.gov/the-massachusetts-lead-law

Also, MA Fair Housing law says that you cannot deny rental housing to families with children under 6 years old because you have not abated the lead paint.

Read up on the law, because self-abatement is tricky - and you can only do a limited amount.

John Underwood · Answer

@Michael Raposo If the house was built before 1978 may have lead paint. If this is your case then there is a pamphlet that the government produces that you should give any tenant. You should also make them sign an acknowledgement that they received this information when they sign the lease.

Usually there are several layers of newer non lead based paint covering any old lead based paint.

I believe the biggest concern would be small kids that might try and chew on a window sill and get down to the lead paint.

Brandon Ingegneri · Answer

Spend the few bucks and get lead certs.  Well worth it to avoid the potential downside. Mass is one of those states that will string a landlord up for stuff like that. Not worth the risk at all.

Colleen F. · Answer

I can't answer your last question because I am in RI but I do have a warning about the post-mitigation dusts wipes. Regular cleaning is insufficient. You need to clean like you can eat off the floors right before they get there to take the dust wipes.   In RI the windowsills and floors need to be this clean.

Michael Raposo · Answer

Thanks for the help. Greatly appreciated. Ive heard that home owners can do the deleading themselves if they take a training class. Does this still apply today?

How big an issue is lead paint?

Most Popular Reply