Landlord Question and Answer Forum

I am using the ezlandlord form for Michigan which has a addendum for Lead-based paint (house was built prior to 1978). I am being challenged by a potential tenant's agent that I need the following IN the lease, in addition to the addendum: "Owner acknowledges being informed of Owner's responsibility for compliance under 42 U.S.C. 4852D, regarding the disclosure of lead-based paint hazards to potential Tenants. Owner represents that the dwelling on the property _ was constructed after 12/31/77 and is hereby exempt under 42 U.S.C. 4852D, regarding lead-based paint disclosure regulations; or _ was constructed on or before 12/31/77 and is subject to federal regulations regarding lead-based paint hazards including completion and delivery of forms L-6 and L-8. Owner acknowledges and agrees that the dwelling on th eProperty complies with all other applicable lead based paint laws, statutes, ordinances, rules and regulations" Is this required in the state of Michigan? If not, what should my legal response be?

Since the latter part of 1996, landlords must provide tenants who are renting units built before 1978 with certain information concerning lead-based paints. This information includes a federal government pamphlet entitled: ¦ Protect Your Family From Lead in Your Home and a form entitled: ¦ Disclosure of Information on Lead- Based Paint and/or Lead-Based Paint Hazards (Rentals) There are exceptions to this federal requirement, including commercial rentals, zero-bedroom efficiency apartments, and rental units certified as lead-free by a qualified lead abatement inspector. I have seen both of those forms on this website.

Posted by Luis M, NJ on Wednesday, December 11, 2013

Also, I have noticed, when you create a lease on this website it asks you whether your property was built prior to 1978, and if so it will automatically include both of those forms in the lease.

Posted by Luis M, NJ on Wednesday, December 11, 2013

A follow up to this. We have a well maintained home we are renting that was built prior to 1950. When we purchased the home, the inspection and seller disclosure mentions no risks of lead based paint in the home. Now that we are renting the property, what obligation do I have to investigate any lead based paint in the home?

Posted by David M, MD on Thursday, March 16, 2017