How do you handle lead disclosure in your lease?

Up to now, I just have a standard lead disclosure in my lease and check the box "Lessor has no knowledge of lead-based" and I have signatures below that. Now in NJ, lead testing is required for houses built before 1978, so I do have knowledge of lead-based paint, and I think I'm required to attach the lead testing results to the lease. I'm also required to provide the pamphlet "Protect Your Family from Lead in Your Home" which I'm also thinking of attaching to the lease. And because I'm emailing my lease using DocuSign, I've read I "must provide: a clear statement on the right to receive paper documents, etc. etc."

I just have the single page lead doc from the .gov attached to the lease.

I've been taught that you are supposed to initial, not place a checkmark or X.

I use Docusign, too.

I signed & scanned a disclosure form & made it a page in the Rental Agreement, as well as the VA rights/responsibilities document.

Because the booklet is so long, and does not require any signature, I send it separately by email & say "this is the information referred to in the Rental Agreement".

We aren't required to test, but since you are, you would need to provide the results to the tenant/buyer. That's pretty clear on the disclosure form. Look again at (b)(i) and (c)

I like Zero's idea about just giving them a link instead of the actual pamphlet. I may consider putting that in the Rental Agreement instead - or maybe in addition.

It doesn't really matter much, since it's all electronic. Not like when everything had to be printed (way back in the dinosaur days : ).

Sean, I didn’t fully understand what you said, but I think once I get more educated on DocuSign, I'll understand and it will be helpful. I like the idea of the signing package that includes everything. Thank you.

Zero, a pamphlet link, or as DJ, said “send it separately by email & say "this is the information referred to in the Rental Agreement"”. Makes sense.

Good points DJ on the lead disclosure. I will be checking “Lessor has provided the lessee with all available records”, providing the inspection report and the tenant will initial c and d. And yes, it is all electronic, so maybe it doesn’t matter if the pamphlet is included in the disclosure or the lease.

As for the "must provide: a clear statement on the right to receive paper documents, etc. etc." I saw this on the EPA site at “Real Estate Disclosures about Potential Lead Hazards” The entire paragraph reads: “If providing the required disclosure information electronically to renters or buyers, provide, among other things: a clear statement on their right to receive paper documents, procedures to withdraw consent and the consequences of doing so, and how to access and retain electronic records. If using electronic disclosure, must get consent from the renter or buyer to show they can access the forms electronically. Sellers, landlords, or managers of rental properties and their agents should make sure that the use of electronic technology provides renters or buyers complete access to all disclosure materials”

We are not required to test in WI. The lead disclosure form is part of our lease as an attachment.

All documents, lease, disclosures, lead pamphlet copy, etc. are sent as attachments via email. We sign lease at viewing of the unit once payment has been made, or as we sign the lease.

In addition to signing each page of our lease, tenants also sign a checklist of paperwork they received from us. At move in all is in a folder they keep for reference. By providing two different ways, no way to come back at us that they didn't get a disclosure, or other documents.

Thanks Oreo. What you do seems all encompassing. That’s helpful.

Thanks Kim, I’ve been doing this for 16 years and didn’t know I should provide those. I was just looking at the truth in renting guide and saw this:

The landlord should provide specific information to tenants:

1. Lead paint EPA approved information pamphlet (N.J.A.C. 5:10-6.6);

2. Truth in Renting statement, (which does not apply to buildings of two (2) or fewer units

and owner-occupied premises of three (3) or fewer units (N.J.S.A. 46:8-44 to -46));

3. Flood zone notification (N.J.S.A. 46:8-50);

4. Child protection window guards (N.J.A.C. 5:10-27.1 (c), (d));

5. Bed bugs (N.J.A.C. 5:10-10.2);

6. Late fees (N.J.S.A. 2A-42-6.1 to -6.3);

7. Dishonored payment fees (N.J.S.A. 2A:32A-1); and

8. Domestic violence termination policy (N.J.S.A. 46:8-9.6 to -9.7).

BILLW(NJ): You should have seen my first, self-written lease, a measly paragraph if that.  

Joining a local LL group, attending seminars and meetings really helped my awareness of the legal obligations of a LL.

Fast forward 40 odd years and I'm still learning.

This website and forum are great sources, for which I am grateful to Jeff and Dottie who work tirelessly to keep us informed of current and upcoming laws pertaining to LL's.

Sounds like something you should frame :-) Your fortune to have a local LL group. For some reason we don't have one around here, even though we're near rutgers and there's lots of rentals. I asked around and didn't seem like anyone would come out if I formed an association.