Is a home lead test kit good enough for rental property proof?

February 15th, 2010 | by admin |

We are having renters move in very soon. We do not suspect lead paint in the house, but we need proof. Are the hardware store kits good enough to prove there is no lead paint???
Property is located in MA.
House is built before 1978.

If there is a Federal Law pertaining to lead paint testing, I would love to see it. I have been a landlord for 13 yrs and a member of the landlords association here in MI. The association knows and is updated on all the state and federal laws pertaining to being a landlord. Nowhere does it say that you have to have a house tested for lead paint if built before 1978. The only requirement is a form that gets signed between landlord and tenant stating the landlord has or has not any knowledge of lead paint in the house and that the tenant was warned due to the age of the house, that there is a possibility of old lead paint. The tenant signs the same paper acknowledging they were told of the possibility..
If your state or city requires proof, a hardware kit should be sufficient. But you can simply call your building code dept and ask them if its ok.

  1. 5 Responses to “Is a home lead test kit good enough for rental property proof?”

  2. By RWR on Feb 15, 2010 | Reply

    Check w/ your local zoning laws in your State.

    If the house is built b/4 1978 you will need a minium test. This is a Fed. law.
    References :

  3. By Biggie @ Arbor Mortgage on Feb 15, 2010 | Reply

    I don’t see why you can’t use them. It should be sufficient enough.
    References :

  4. By kimmamarie on Feb 15, 2010 | Reply

    If there is a Federal Law pertaining to lead paint testing, I would love to see it. I have been a landlord for 13 yrs and a member of the landlords association here in MI. The association knows and is updated on all the state and federal laws pertaining to being a landlord. Nowhere does it say that you have to have a house tested for lead paint if built before 1978. The only requirement is a form that gets signed between landlord and tenant stating the landlord has or has not any knowledge of lead paint in the house and that the tenant was warned due to the age of the house, that there is a possibility of old lead paint. The tenant signs the same paper acknowledging they were told of the possibility..
    If your state or city requires proof, a hardware kit should be sufficient. But you can simply call your building code dept and ask them if its ok.
    References :
    13 yr landlord

  5. By estielmo on Feb 15, 2010 | Reply

    You don’t generally need PROOF, what you need is a signed copy of "Disclosure of information on Lead-Based Paint and Lead-Based Paint Hazards" that you give the tenant to sign. It notes the KNOWN lead paint content at the time of signing.

    Though local law could be more restrictive, in general you don’t proactively test for lead, you merely give this form and periodically be sure all the painted surfaces are secure and free from chipping and peeling.

    An additional tactic is to quietly give preference to mature tenants, not likely to have kids.
    References :

  6. By Trouble on Feb 15, 2010 | Reply

    If the house was built prior to 1978, there was very lkely lead based paint used on or in the house.

    Here is a MA specific document which states that:
    The Lead Law applies only to homes built before 1978 in which a child under six lives.

    All lead inspections, risk assessments and deleading must be done according to the Regulations for Lead Poisoning Prevention and Control, 105 Code of Massachusetts Regulations 460.000 and the Deleading Regulations, 454 CMR 22.00. For full information, homeowners may get these regulations at the State House Book Store, State House, Boston, MA 02133. The phone number is (617) 727-2834.

    http://www.mass.gov/Eeohhs2/docs/dph/environmental/lead/ptnnew.pdf
    References :

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