Lead Law Update (FAQ Series-VERY IMPORTANT): In eviction court, does a landlord need to “prove” that the lead certificate was sent to the tenant?

We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQ’s) 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:  In eviction court, does a landlord need to "prove" that the lead certificate was sent to the tenant?

Answer:  Yes.  According to the lead law, the landlord has to “prove” that the tenant received the certificate. As a matter of fact, our network of eviction attorneys have indicated that municipal courts are requiring proof that the tenant received the certificate and if proof doesn't exist, are discharging landlord evictions.

Worse yet, if the landlord does not show proof of receipt, the tenant does not have to pay rent (and if rent was previously paid it by the tenant, the landlord is required to pay the tenant back for all rents paid)

As such, we would highly recommend f you are uncertain if you have “proof” of tenant receipt of the lead certificate, that all landlords take one of the following actions immediately:

·      Email the tenant the lead certificate (and save a copy of the email for your records)

·      Send the lead certificate via certified mail to your tenants (and save a copy for your records)

Separately, 

·      For new leases, include the lead certificate in the leasing package (with the following required materials-link to materials available here: https://www.leadtestingservicesphila.com/for-landlords

o   Rent Suitability Certificate

o   Partners for Good Housing Booklet, 

o   Bed Bug Certification 

o   EPA Lead Pamphlet

·      For renewals, ensure the same information above is included in your lease renewals

And just a reminder, the next set of ZIP code implementation is upon us per below:

The following are the next set of ZIP codes are due by September 30, 2022)

19103            19106            19111            19114            19115            19116            19123

19136            19147            19149            19150            19152            19154