Lead disclosure statement?
Question:
I have a tenant that signed a lead disclosure statement, but did not tell me she was pregnant prior to moving in. Do I have to have to have the apartment inspected and if there is lead do I have to remove the lead? I feel this is only one bedroom and they are not going to stay long.
Answer:
Since you are concerned about the issue, I assume that the rental unit of interest was constructed prior to 1978. The federal “Residential Lead-Based Paint Hazard Reduction Act” was enacted in 1992 to reduce the danger from lead paint. Commonly referred to as “Title X”, compliance for all landlords became mandatory as of 12/6/1996.
For compliance with Title X, landlords of housing built before 1978 must inform tenants before they sign a lease of any information the landlord has about lead hazards on the rental property. If a landlord has had the property tested by a state certified lead inspector, a copy of the inspection report or its written summary must be disclosed to the tenants. Most states and some cities have lead hazard reduction laws similar to the federal law, with some of them being significantly more stringent than federal law.
Every lease agreement must include a lead hazard disclosure, either within the agreement itself or as a separate document, even if the property has not been tested. Most landlords will use the disclosure form provided by the EPA “Disclosure of Information on Lead-Based Paint and/or Lead Based Paint Hazards.” Disclosure also requires that tenants be given the EPA lead hazard information booklet, “Protect Your Family From Lead in Your Home.”
I assume that you have no certain knowledge regarding existence of lead. However, lack of certain knowledge would not be an excuse in some jurisdictions. For example, while federal law requires disclosure of what the landlord knows, DC law requires not only disclosing “what is known by the landlord,” but also “what is reasonable for the landlord to know.” Some jurisdictions may require remediation when lead-based paint is known to be an issue.
Finally, what you should do might depend on when the tenant knew of her pregnancy. If knowledge was prior to signing the disclosure you might be safe, as she knowingly acknowledged agreed to rent the unit after knowing of her pregnancy. If knowledge came after signing the disclosure, you may want to consider giving the tenant a chance to terminate the lease, without penalty. Otherwise, she could claim she forgot about the lead issue after finding that she was pregnant and injury resulted. If she decides to remain, you should utilize a signed written document showing that she agreed to remain in spite of gaining knowledge after learning of her pregnancy.
Although it appears that you followed the law regarding disclosure, you are confronting an unusual situation that might expose you to some legal risk. I am not an attorney and so cannot provide legal advice. Accordingly, whatever the timeline, I recommend that you consult a competent attorney who is knowledgeable about lead law issues at federal, state, and local levels where your rental property is located.