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Lead Paint - Wrong Year Built on Lease - Landlord Forum thread 358742








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Lead Paint - Wrong Year Built on Lease by James on November 16, 2018 @10:27

                              
I rented out my home to a young married couple several months ago and they recently pointed out to me that our lease incorrectly says the house was built *after* 1978 when it was in fact built in 1953. (Huge overlook on my part, I know.) In our lease agreement I did include an exhibit saying there was no lead paint in the house to my knowledge; however, I did not include an EPA-approved lead paint pamphlet. Do they have any legal recourse since I did not provide the EPA pamphlet? Is incorrectly stating the house was built post-1978 a material mistake and make the contract voidable?

Thanks.
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Re: Lead Paint - Wrong Year Built on Lease by Garry on November 16, 2018 @12:18 [ Reply ]
OK. You screwed up. The tenants pointed your mistake out to you. So now, correct your mistake. Get in touch with your tenants, and set up a time with them when you BOTH can go thru the house together, and look for any chipped or peeling paint. If you find something, correct it ASAP. Then fill out a new disclosure statement with the correct info on it, and give them an approved pamphlet.

Are your Ts trying to get out of their lease with you. If they are, just let them go. It's easier/simpler/cheaper than if they want to cause a stink, and threaten to tell the EPA about it. Learn from your mistake. Now that you KNOW the house was build before 1978, you'll never make that same mistake again.
Re: Lead Paint - Wrong Year Built on Lease by James77 on November 28, 2018 @18:40 [ Reply ]
It it was an honest mistake, I am not sure they could go after you at all.

You are required by law to provide that pamphlet. Saying you screwed up on the year, not sure if that would cover you. Where I am lead laws are strict, we are required to have inspections and lead wipes at tenant turnover.

I would let the tenant void the contract if they so wished. Just state it was an honest mistake on your part. You would then need to provide such info to tenant that it was built prior to '78 and then comply with all local laws. If tenant is willing to tolerate that, then good. If tenant wants out, then let him. It was your mistake. While I think the lead laws are a bit overblown, some people may have the expectation of moving into a lead free house. Your mistake is the issue here.

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