Lead Law Update (FAQ Series): Is the landlord required to provide tenant information about any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces?

We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQs) forum for you as you desire to become more informed of the Lead Law and its complexity.

This week we are featuring a common question:

Question: Is the landlord required to provide tenant information about any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces?

Answer: Yes, the landlord is required to provide to the tenant a written notification advising the tenant to perform a visual inspection of all painted surfaces periodically during the term of the lease, and advising that the tenant may inform the lessor of any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces. Once notified the lessor shall promptly inspect and correct any defective conditions as required by the Philadelphia Property Maintenance Code.

Many landlords are including this language in their leases.  We would recommend you contact your attorney to determine if this is necessary.