Renting to New Tenants: Lead Inspections and Lead Certificates

Remember, in Rhode Island, before most landlords can rent a vacant apartment, they first must prove that the unit is reasonably safe by getting a Rhode Island Lead Inspection and Lead Certificate from a licensed lead inspector. Federal and State laws require owners of pre-1978 rental property to give information to give future tenants the Protect Your Family pamphlet and to disclose what is known about lead or lead hazards on the property.

Of course, anytime information is given that is required by law, it is required to get a signature and a receipt, so there is proof that you have done your duty and complied. After discussing it with tenants, use the Lessor's Disclosure Form to document that disclosure has been done. Keep a copy on file for at least three years.

Rhode Island tenants have responsibilities, too. Under state law, they are responsible for monitoring their homes and reporting hazardous conditions, so long as the property owner has clearly defined how the notification process works. Property owners are responsible for making repairs within 30 days of receiving a complaint.

We recommend that rental or lease agreements require tenant complaints to be submitted in writing, using the state-approved form called the Notice of Deteriorating Condition. If a property owner provides a copy of this form to the tenants when they move in, both tenants’ and landlords’ responsibilities for keeping lead paint safe during occupancy are clear.