All Forum Posts by: Derreck Wells

Lead paint laws vary by state. In MA, you cannot rent to a family with a child under 7 unless you have the unit deleaded and have a lead certificate on file with the state. A lead paint disclosure would just get you sued if the child gets lead poisoning. Check your local laws, don't take advice from anyone that is in a different state then you!

@Marcia Maynard MA is one of the strictest states in the country in terms of lead paint. It's also a VERY tenant friendly state. 

MA laws basically require every rental unit larger then a 1 bedroom to be deleaded. There's the Lead Law that says that you cannot rent to a family with a child under 7 unless you have a lead certificate on file and there's the anti-discrimination law that says that you cannot discriminate based on family status, etc.. So pretty much if it's possible for a child to live there, it's going to have to be deleaded at some point. Usually studios and one bedrooms are for singe people or childless couples, that's why I say that if it's a larger than a 1 bedroom. The one bedrooms and studios rarely have to be deleaded. However, if you end up with a single, part time parent that plans to share the bedroom with the kid, then you might have to get it done. 

@Chad Duval I don't know much about mortgages, but I can see why some mortgage companies would have issues with lead paint in MA. The laws are ridiculously tenant friendly. I know a lady who lost her building to a tenant in a lead paint lawsuit. I imagine that could be problematic to a mortgage company. 

Send me a colleague request and I can check the lead paint status on any properties you might be interested in buying in the state database for you.  I can let you know if they've ever been inspected or deleaded. It makes a difference if it's been inspected but not deleaded because after an inspection only a "Licensed Deleader" can work in the property until it's deleaded. I'm not talking about the EPA's RRP course that every contractor is supposed to take. A "Licensed Deleader" is different than a "Lead Safe Contractor". Sometimes a property is inspected, but never deleaded. Then when you replace the windows in the normal course of renovating, you're technically deleading and will cause problems when you need to get the unit actually deleaded. It' will get flagged as UD (Unathorized Deleading) and you won't get a lead certificate. You could jump through hoops and get a "Letter of Environmental Protection" which will allow you to rent to families, but it will devalue the property and increase insurance rates.  

Lead paint laws are different in every state. Google "MI Lead Paint Laws" and read them. Some states you need a licensed lead abatement company, some you just need an RRP certified firm. 

In MA you only need to delead a rental unit if you have a family with a child under 7 living there. And at that, if you have a 4 family with a child under 7 in only 1 unit, you only have to delead that one unit and the common areas that child will regularly use. If the child is on the 1st floor, then the exterior, 1st fl common areas, & 1st fl unit need to be done. If the child on the second floor, exterior, 1st and 2nd floor common & 2nd floor unit. If in either or those situations, you have the 3rd floor common done. 

DO NOT DO THIS: "Hey Mr Deleader, since your in the stairway anyway, can you just do all the way up and get that 3rd floor hall too? That way there'll be less work when I have to do that floor." That would be bad when the inspector comes to inspect the 3rd floor when it actually needs to be done. They'll flag it as unauthorized deleading on fl 3 and you'll never get a lead cert for it. It's silly, but that's the way law is written in MA. You can only do the floors that you're getting a lead cert for. 

Again, in MA (I can't speak for MI laws) lead paint doesn't have to be removed, just made safe. Depending on the surface and location there are different techniques we can use to "delead". I'll use the exterior for an example. Lead paint on your porch posts needs to be covered if it's a square post. (Sharp corners a child could bite.) If it's a round post over 8" in diameter, the paint can stay exposed, just can't be loose or peeling. Under 8" in diameter needs to be covered. Paint on flat surfaces needs to be made intact (can't be loose, peeling, or chalking) but on corners and window sills below 5' the paint needs to be covered with metal, vinyl, or wood. Now let's say that we made the paint intact by repainting the flat surface. That paint needs to stay intact to keep kids safe and limit your liability. 

There's no law that says how often you need to repaint to keep it intact. I'm pretty sure if ten years after you got your lead cert some kid gets lead poisoning, the Judge would say that was an unreasonable amount of time between paint jobs and you're screwed. But there's nothing in law to say would the Judge would consider "reasonable". I always recommend people get a PCAD (post compliance assessment determination) done by a licensed inspector at every tenant turnover or every 5 years, whichever comes first. A PCAD is basically a full lead inspection that checks for loose paint and makes sure that the unit complies with CURRENT lead laws as they do change and what was once good enough might not be anymore. If the law change since you had the unit deleaded and you don't change with it, you're probably going to be liable for damages. The good thing is that after a PCAD, the owner has 30 days to do the work themselves, they don't need to hire a licensed deleader.

Again, I'm only versed in the MA lead laws which are pretty strict, your state may be different.

@Michael Healy.

For a rough cost for deleading, figure $3,000 - $5000 per unit. Count the exterior as a unit, so if it's a 4 family, then consider it 5 units. You can use the deleading law as a negotiation tool. "Since it hasn't been deleaded yet and state law says it has to be, I can only offer you $XXX for the property since it's going to cost $20,000 (or $15k or $25k, etc.) to delead."

Every state will be different. In Mass it costs between $3000 and $5,000 per unit. Count the exterior as a separate unit. So if you bought a three family, there would be 4 units to delead.

State laws will vary as well. Mass has a law that you cannot rent to a family with children under 7 unless you have a lead certificate for the unit. The entire building wouldn't have to be deleaded, just the unit you were going to rent to the family and any common areas that that family would be using. Your state laws could be different. Search New Jersey lead law and read it.

In Mass, if you do rent to a family without a lead certificate on file and a child gets lead poisoning, you will get sued and lose big.

In some states, it is illegal to use the security deposit to pay late rent. If you do, you may still end up owing her the security deposit when she moves out. 

Check the file place in the links up top... this might work File Place if not go to the tools tab at the top of your page.

Hi @Terry Smull,

Keep in mind when buying that lead paint laws in MA are really strict. You can't rent to a family with kids under 7 unless you have a Lead Certificate on file with the state. You also can't discriminate against a family, even if it's because you know there's lead paint in the unit. That being said, finding a building where the owner says "Lead Status Unknown" then becomes a great negotiating point. Figure $2-$5k per unit for deleading, count the exterior as a unit, and use that number to negotiate a better price on the property. So if you have a 4 family you're looking at, call it 5 units and assume a $25k deleading bill. Use that $25k expense to get a better deal. There are 0% loans that you can get that you don't have to pay back until you sell the building, so you have the potential to use the lead paint to make a profit. Buy low because of the lead, get the lead certs, sell higher because of the lead certs. So basically the next owner will pay for the deleading.

When you find a property you're interested in, I can check the database for you and see if it's been inspected for lead or if it's already got a lead cert. (no charge, it only takes me a minute). I recently discovered for a member on here that the seller was lying to him claiming 3 of the 4 units were deleaded. Only 2 were deleaded, one was inspected but never fixed. That's a big negotiating tool for him.

There are people that lie and forge lead certs, so you should always check. Here's 2 recent examples... Worcester Case, and Springfield Case.

Let me know if I can be of any help.

@Rich Baer, In MA if you buy a property that has lead paint that's occupied, you have a set number of days that you can start addressing the issue. If you do start in that time frame, you're not liable for previous lead paint illness claims. MD may have a similar law in place. You could be missing out on good deals for nothing.

Hi @Kevin Lin,

Keep in mind when buying that lead paint laws in MA are really strict. You can't rent to a family with kids under 7 unless you have a Lead Certificate on file with the state. You also can't discriminate against a family, even if it's because you know there's lead paint in the unit. That being said, finding a building where the owner says "Lead Status Unknown" then becomes a great negotiating point. Figure $2-$5k per unit for deleading, count the exterior as a unit, and use that number to negotiate a better price on the property. So if you have a 4 family you're looking at, call it 5 units and assume a $25k deleading bill. Use that $25k expense to get a better deal. There are 0% loans that you can get that you don't have to pay back until you sell the building, so you have the potential to use the lead paint to make a profit. Buy low because of the lead, get the lead certs, sell higher because of the lead certs. So basically the next owner will pay for the deleading. 

When you find a property you're interested in, I can check the database for you and see if it's been inspected for lead or if it's already got a lead cert. (no charge, it only takes me a minute). I just figured out yesterday for a member on here that the seller was lying to him claiming 3 of the 4 units were deleaded. Only 2 were deleaded, one was inspected but never fixed. That's a big negotiating tool for him. 

There are people that lie and forge lead certs, so you should always check. Here's 2 recent examples... Worcester Case, and Springfield Case.

Let me know if I can be of any help.