Housing Lessors and Sellers: Know Your Responsibilities Before You Sell or Lease

Know the facts about Lead and your responsibility to Buyers and Lessors!

Property Managers and Landlords (per EPA)

As owners, landlords, agents and managers of rental property, you play an important role in protecting the health of your tenants and their children. Buildings built before 1978 are much more likely to have lead-based paint.

Federal law requires you to provide certain important information about lead-based paint and/or lead-based paint hazards before a prospective renter is obligating under lease to rent from you.

Landlords must give prospective tenants of target housing, including most buildings built before 1978:

An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards,
Any known information concerning lead-based paint or lead-based paint hazards pertaining to the building.
- For multi-unit buildings this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.
A lead disclosure attachment to the lease, or language inserted in the lease, that includes a “Lead Warning Statement” and confirms that you have complied with all notification requirements.

Real Estate Agents and Home Sellers (per EPA)

As real estate agents and home sellers, you play an important role in protecting the health of families purchasing and moving into your home. Buildings built before 1978 are much more likely to have lead-based paint.

Federal law requires you to provide certain important information about lead-based paint and/or lead-based paint hazards before a prospective buyer is obligated under a contract to purchase your home.

Real estate agents must:

Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule. In addition, the agent is responsible, along with the seller or lessor, if the seller or lessor fails to comply; unless the failure involves specific lead-based paint or lead-based paint hazard information that the seller or lessor did not disclose to the agent.
Provide, as part of the contract process, an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Attach to contract, or insert language in the contract, a “Lead Warning Statement” and confirmation that you have complied with all notification requirements.
Provide a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may choose to waive this inspection opportunity.

For more information visit: https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards

To learn more or to join our BREATHE HEALTHY Initiative, visit baxtergroupinc.com. Request a copy of our BREATHE HEALTHY e-book.

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