Understanding Lead Based Paint Disclosure Forms

Renting older apartments can sometimes present an unexpected problem: lead-based paint. While any apartment building built after 1978 should be completely free of lead paint, older buildings may have lead-based paint hazards. In order to make sure that tenants are aware of any such risks, landlords are required to tell you if there is a chance that lead-based paint was used in your apartment. You are typically given a disclosure form to sign along with your lease, showing that you were informed of the risk.

Jacob Short, a Wisconsin attorney, pointed out that many of the disclosure forms will be identical: “Many landlords will use the sample form provided on the EPA and HUD websites.  However, landlords can develop and provide their own disclosure form.” Either way, though, he says that a disclosure form must note the potential dangers for young children and pregnant women. Jacob noted, “I would advise a renter to review the lead-based paint disclosure form carefully, make sure it is narrowly tailored, and contains all the necessary language.  Any part of the form that looks like it is more of a lease provision or asks the renter to sign away rights would be the only ‘warning sign’ I can currently think of.”

Before you sign a lead-based paint disclosure form, it is important to inspect the actual apartment you’ll be living in. If you see exposed lead paint, it’s important to ask the landlord to remove it or encapsulate it before you move in. Exposed paint can prove particularly dangerous if you have small children or pets. While the biggest concern for lead-based paint is the chance of accidentally eating a paint chip, lead dust can also be dangerous. You can have paint tested for lead if you are concerned about the risks.

A lead-based paint disclosure form may not actually mean that there is lead-based paint in the apartment you are renting. On the form, your landlord will have noted the presence of any lead-based paint in the apartment or state that he or she has no knowledge of the presence of lead-based paint. This is not a guarantee that there is no paint, of course — unless the landlord is the original owner and handled all painting himself, it’s impossible to be sure what paint was used in the property before 1978 — but it does mean that a disclosure form isn’t always a sign of danger.