Lead Law Update (FAQ Series): Impact of Lead Law on a New Leases & Lease Renewal
Did you know that the City of Philadelphia Lead Law can impact signing a new lease and lease renewals?
The Philadelphia Code – Chapter 6-800. Lead Paint Disclosure and Certification An Ordinance – Bill No. 100011-A
In all contracts for the lease of residential housing constructed prior to 1978, the following must be provided in writing: (1) the lessee has a 10-day period to obtain a comprehensive lead inspection or risk assessment from a certified lead inspector at lessee’s own expense; (2) should the inspection reveal lead-based paint or lead-based paint hazards, the lessee may terminate the lease within two business days of receipt of the inspection report, with a refund of all monies paid; (3) lessee’s failure to act in a timely fashion on (1) and/or (2) above will constitute a waiver of the right to conduct an independent inspection, and the lease will remain in full force and effect.
In a renewal of an existing lease, the renewing lessee has the same right to conduct an inspection or risk assessment as a new lessee, except the renewing lessee is afforded a 10-day period to notify lessor of intent to terminate the lease.
Ensure you are protected by having your new/renewal leases to include the EPA disclosure booklet (which is available via download on our website: https://www.leadtestingservicesphila.com/for-landlords)
Additionally, many landlords are including additional language in their leases regarding the lead safe certification. Seek advice from your attorney (or utilize our attorney network list: https://www.leadtestingservicesphila.com/find-eviction-attorneys)
Sincerely,
Adam K, Certified Lead Inspector
Lead Testing Services
