Asbestos cover up in basement advice

[Alex Kleynshvag]

Hey guys, after reading two books from the bigger pockets family in the last couple of weeks I realized this might be a great place to come for some advice. Thanks ahead to anyone who can help. 

I recently got some new tenants that have been nothing but a headache with demands. I think it was my own fault at first for submitting to all of their petty issues and making them feel like they can keep asking for a million different things. It has definitely stretched my budged a bit thin but thankfully I haven't heard much from them up until this week again. 

the original lease did not have a clause for a washer dryer, but I told him I could happily install one in the basement for an extra $50 a month. I was able to find a great deal for an amazing set and to get them installed. now they are telling me that there is lead in the basement and they also want that covered up before they keep going down there. Now I understand that it is obviously not safe to be around that stuff and it needs to be covered up in time no matter what. But I'm simply not ready to spend the money at the moment to cover up a full basement just so they can do laundry down there. I was looking up the containment paint, and it cost $500 for 5 gallons. would it be too much of me to ask them to pay for the paint if I did the labor? Or is this something that's souly my responsibility? at this point I'm ready to just close the basement and tell them they need to find a washer dryer somewhere else and take the hit in the meantime until I can get enough money scraped together to get the basement done. We have not written up a new lease yet with the washer dryer included so there is no stipulation stating that I owe them as such. Thanks ahead anyone and everyone

[Mike McCarthy]

The tenants should have signed an EPA Lead Disclosure form (since I assume the house was built before 1978).  This states that the house may have lead paint, but you don't know for sure (unless you've had testing done).  

Most states don't require lead paint to be abated (removed) unless it's chipping or peeling.  Also, most states don't consider an unfinished basement living space - so lead paint issues aren't considered a problem in an unfinished basement.  Plus, unless there's dust being created by something rubbing up against the paint, or kids are playing in the basement (which they shouldn't be), lead paint should not be any issue.  

[BUT I don't know what state/city you're in... some states/cities are much more strict than the federal standards]

I absolutely would not paint the basement for that reason - and I wouldn't invest in encapsulating paint unless you know what you're doing.  I think you need to put your foot down and stop catering to every whim of your tenant.  They rented the house in its current condition, and short of something breaking, they get the house as-is.  You may want to consider invoking what many call a 'happy clause'.  "If you're not happy in this house, I'll let you move out by September 30th with no penalty and full security deposit return as long as you leave the house clean and the way you found it."  Then you can find better tenants.  Or at least it puts them on notice that they don't run things.

Good luck!