Introduction
As a real estate professional working with numerous multifamily buyers and landlords, I frequently encounter the question: "Should I de-lead my investment property?" It's a valid concern, and while the answer is generally "yes," many landlords underestimate the importance and the process involved. This post aims to provide clarity on why lead compliance is crucial and demonstrate that it's often more manageable than perceived.
The Cost of Doing Business
My former broker, Fred Pizzi, a seasoned real estate agent, emphasized, "If you are a landlord, you have to make your property lead compliant. It's the cost of doing business." This advice has been invaluable, and I consistently share it with my clients. Understanding the legal obligations and potential risks is paramount.
Legal Requirements and the Lead Paint Notification Form
In Massachusetts, properties built before 1978 have specific lead paint regulations. The Massachusetts Lead Law requires owners to inspect for lead if a child under six resides in the property. This is crucial because landlords cannot discriminate against families with young children. You are required to provide tenants with the Massachusetts Lead Law Notification form.
The Potential Liability
Consider this scenario: You rent a property that is not de-leaded to a family with a child under six. The child is exposed to lead elsewhere, but develops lead poisoning. The first place authorities will investigate is the child's residence. If your property fails a lead test, you, as the landlord, could be held liable, even if the lead exposure occurred elsewhere. This highlights the importance of proactive compliance.
Dispelling the Misconceptions
Fortunately, de-leading is often less daunting than many landlords believe. The key is achieving compliance, not necessarily complete lead removal.
- Compliance vs. Removal: You don't always have to eliminate all lead paint. Compliance means addressing lead hazards to ensure they are not accessible or harmful to children. This might involve encapsulation, specialized paint, or removing friction points like old windows and doors where lead dust can be generated.
- Cost-Effectiveness: Focusing on compliance can be more budget-friendly than a full lead abatement.
Resources for Landlords
For more detailed information on lead paint safety and de-leading procedures, refer to the Massachusetts Childhood Lead Poisoning Prevention Program.
Conclusion
De-leading your investment property is not just a legal obligation but a crucial step in ensuring the safety of your tenants and protecting yourself from potential liability. By understanding the regulations and focusing on compliance, landlords can navigate this process effectively and responsibly. If you are interested in becoming a landlord or if you are already a landlord, please reach out and I would be happy to provide my many years of experience to assist you!
