A lead paint disclosure is a document that is required if the property the tenant is purchasing or renting was built prior to 1978.
The reason for this is that with buildings built prior to 1978, it is possible that they have lead paint used when painting either inside or outside of the property.
Lead based paint was a product that was used often prior to 1978 and by law, tenants are required to receive a pamphlet from the Environmental Protection Agency about lead in the home if it was built prior to 1978 and there is the possibility of lead paint.
In our rental agreements and lease agreements, we offer the ability to add a lead paint disclosure if that is the case. You will commonly find them within a rental or lease agreement.
However it is possible you have forgotten to add it, or you used a rental agreement template off the web that did not include anything about lead paint (which is why we always advise using our system for landlord forms – we cover everything).
So if you are looking to create a lease agreement with a lead paint disclosure, or a rental agreement with a lead paint disclosure, rest assured that our lease and rental agreements offer it.
However if you need a separate lead paint disclosure, then we’ve got it set up for you.
How to Write a Lead Paint Disclosure:
So our separate lead paint disclosure template works like this – we have a blank lead paint disclosure template set up for you. It’s all pre-written and ready to print – we just need to get a few details off you to customize it.
First we need the seller or landlords information, as well as the buyer or tenants information.
Our lead paint disclosure is set up if there are multiple buyers, multiple tenants, multiple landlords and multiple sellers. If it’s just an individual buyer or seller then it is that by default as that is the most common.
Next the document will ask you for the premises details. Just the type of property – be it a house, apartment etc – and then the address if the property in question.
Then there is a couple of customization options for the lead paint disclosure. It will ask if there is an agent for the agreement in question. If the answer is yes, you will be asked to input the name of the agent.
It will then ask you if the buyer has an inspection of the premises planned. If you choose yes, it will ask how many days from the agreement date will the inspection be made.
Next it asks you the key question – if there is any lead paint on the property in question. If there is, we will open up a section where you can provide details as to the lead paint on the property. Where it is located etc.
Next, there will be a question on if there is any lead paint hazard reports available. If you choose yes, you will then be asked to provide details about the report, and if you are attaching them. If there are lead paint hazard reports, we would advise attaching them to this document.
That’s all that is required from you, input wise.
We then take the answers you provided, and craft a customized lead paint disclosure for you using our blank template, and the answers that you provide.
The lead paint disclosure form is based on what you chose. So if you stated that there is no agent for example, it will not mention an agent. While if you did choose an agent it will provide a section detailing that.
There will be an agents acknowledgement section where they must initial that they have informed the seller of their obligations under 42 U.S.C. 4852 (d).
If you choose that there is no lead paint on the property that you aware of, there will be a section stating that under the sellers disclosure. It states that the seller has no knowledge of any lead based hazards on the premises, or any lead paint on the property either and that they have provided all records and reports pertaining to lead paint. They must then initial that section.
If there IS lead paint on the property in some manner, the form must declare that as selected above. There will be sections detailing that within the sellers disclosure section.
The seller, buyer and agent if selected must all initial the section in regard to detailing the lead paint, and then at the end of the document the seller and buyer must sign the document.
Sample Lead Paint Disclosure Form:
There is no generic lead paint disclosure form for you to use, because what is contained in a lead paint disclosure form will differ depending on your property.
As mentioned above, if there is an agent for the property then that section must be included within a lead based paint disclosure form but that is not always the case.
There are then questions in regard to whether you are even aware of there being lead paint or not. For example just because the property was built in 1960, that doesn’t mean there is lead paint on the property. If you are not aware of that then the lead paint disclosure must state that the seller is unaware of any lead paint on the property.
However if you are aware then you need to provide the details and that is why the lead based paint disclosure template wouldn’t work. There is just too much to it and a template won’t help you as it is important you have the correct details within it.
Lead Paint Disclosures by State:
Our lead paint disclosure is set up to be used by any state.
Rather than set up lead paint disclosures for every single state in the United States of America, we list one specific lead paint disclosure form and then you simply select the state that the property is in.
In saying that, you never know when states may change specific requirements. So whether you are looking for a lead paint disclosure for Florida, California, Massachusetts etc – after you have created out form for that specific state, do yourself a favour and just double check there are no new requirements in regard to what you must include in a lead paint disclosure for that state.
Lead Paint Disclosure Form PDF:
Our lead paint disclosure form is available in PDF. If you wish, you can even create a blank lead paint disclosure template in PDF to fill in at a later date, or if you need multiple blank forms.
Our form has multiple formats available to download and print and you can even do it via the web browser.
PDF is the most popular printable format and is our main one. If you just need to print the lead paint disclosure after customizing it then that’s what you do – choose the PDF option.
However if you need to make any edits later or are looking for an editable document – perhaps there are some additional items you wish to add – you can do so by downloading it in another format that we offer such as RTF or DOC.
These formats are available to you to be opened in any word processing software and you can then download the completed lead paint disclosure but provide any details that you need and then print it.
We also offer it in HTML format. This format is what can be opened in a web browser. We offer it in this format so that you can print it from anywhere. We know a lot of landlords go to the library to create documents, access the internet and print. Well no matter what permission the library computer has – as long as you can access a web browser such as Chrome, Internet Explorer or Safari you will be able to print off the lead based paint disclosure form.
We also store all of your documents in the cloud so if you need to type it up somewhere and then go somewhere else to print it, you are able to do that.
Of course you are free to download the documents at any time and store it on your computer forever. However the purchase of these documents gives you lifetime access to it.
Lead Paint Disclosure Questions:
Which property requires a lead based paint disclosure?
Any property in which you are renting out or selling to someone and it is built prior to 1978. If you have any knowledge of lead based paint on the property you need to inform the buyer or renter of this.
Who signs a lead based paint disclosure?
The landlord or owner of the property who is either renting out the property or selling the property much sign the document. The buyer or renter – or multiple buyers or renters if that is the case – must also sign the document.
What year triggers the required lead based paint disclosure?