Legal Question in Real Estate Law in Pennsylvania
Lead Disclosure in a Lease
Does the lack of the EPA�s Lead Paint Disclosure for a property that is later discovered to have lead in the water pipes, the tub enamel and flaking paint cause a lease to be null and void? I have read in the EPA documentation that �before a purchaser or lessee is obligated under any contract to purchase or lease target housing, certain requirements must be met.� These include the EPA lead paint pamphlet, disclosure of any known lead in the house, etc. There were 4 children, 2 teenagers and 2 seven year olds drinking and bathing in that house. Since it was not disclosed or the pamphlet given then the lease should have been void and no obligation exist.
Thank you for your time.
1 Answer from Attorneys
Re: Lead Disclosure in a Lease
Lack of disclosure is a violation of the EPA regulations and is punished quite severely.
In you case the disclosure does not cover lead in the water pipes. As they were made of lead not painted with a paint containing lead.
In any case all the disclosure requires the land landlord to do is disclose. For example the landlord may state there is no lead or there is lead based paint or the landlord has no knowledge if there is any lead based paint.
The failure to disclose does not make the lease void. There may be other things that do but, a failure to disclose only subjects the landlord to penalties from the EPA.
If you have any questions feel free to contact me the initial consultation is free.
{John}
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