Lease Rental Disclosures
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Lead-Based Paint Disclosure & Certification
Was your rental property constructed prior to 1978? If so, you are required to provide tenants with an EPA-compliant Lead-Based Paint Disclosure form.
Document Last Modified: 4/30/2021
Lead from paint, paint chips, or dust can be highly toxic to one's health, so it is critical to inform tenants of this potential danger. The lead dust can be inhaled or swallowed without one knowing. This can be very harmful to the body. When a landlord is renting out a property that was constructed before 1978, then he/she must disclose this information to all tenants renting the unit. It is imperative that landlords give the Lead Based Paint Disclosure to all tenants because of the harmful effects lead can have on the body. This form allows the landlord to disclose whether or not he/she knows of any lead based paint in the property. Then in return, the tenant will acknowledge this information.
If a landlord’s rental property was built before 1978, then he/she is required by EPA regulations and other state and federal guidelines to ensure that the tenants are aware of the potential risks of exposure to lead-based paint. A landlord should use this form to meet these requirements, educate his/her tenants about the issue, and minimize the risk of legal liability. This disclosure of lead-based paint risks that complies with EPA requirements, should be served along with the Lead Paint Pamphlet. The landlord should include this form in the lease agreement to insure accountability, if tenants are moving into a pre-1978 residence. All parties will sign this form to disclose any information about lead based paint.
Please Note: This form is designed to be printed and filled out by hand.
Landlord Convicted, Sentenced to Prison for Lead-Based Paint ViolationsView Article >
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The best CYA tool in the business is the disclosure form. Never lease a home without knowing what you need to disclose to cover your… assets. Having the proper disclosures can keep you out of court and in compliance with your local and state laws.
When creating a lease agreement, you will have an opportunity in Step 7 of the lease wizard to select (or deselect) disclosures to include in your lease package. Pay particular attention to state-specific disclosures, and (as we try to say as often as possible) lead paint disclosures if your property was built before 1978!
Use a disclosure form:
- To warn of any potentially harmful materials or substances in the home (asbestos, mold, lead paint)
- To convey strict policies affecting a tenant’s decision to move in
- To meet local and jurisdictional requirements
- To capture and relay information regarding tenant security deposits
- To detail condition of property at onset of rental
- For tenant insurance waivers
- To provide pertinent historical information on properties whenever required
When in doubt, it is better to over-disclose than under-disclose, as it is often legally-required. Be sure the tenants sign the disclosures, and keep signed copies alongside the signed lease agreement in case you need to pronounce your perfect compliance in a future courtroom.