This is really a way for the owner to limit their liability in the off chance that their somewhat historic home actually harms their tenant while living it. In the old days, paint (among other things) used to contain large amounts of lead. Lead was later found to be dangerous to humans. As with asbestos, the removal of lead paint can be more dangerous than the actual presence because the powdery and flaking pieces can then be ingested more easily into the human body - thus causing harm. Since a lot of homes were painted with lead-based paint, and lead-based paint began to be recalled, the government instituted a nation-wide lead-based paint disclosure policy. That’s why if you’ve ever tried to live anywhere in this country, you’ve undoubtedly come in contact with some of those disclosures.
As a rental property owner, especially of a home built prior to 1978, you become a bit more liable to your tenant other than just making the disclosures. In Maryland, if your home is built prior to 1950, then you are required by state law to have your home tested, and receive a pass or fail certificate.
If your home fails, then you are required to perform a remediation clean up, then have your home reinspected again. Each inspection costs about $350 depending on the size of your home.
If your home was built between 1951 and 1978, the program is totally voluntarily. You can do it or not do it, but you won’t be punished by the state of Maryland or the county.
If you don’t have your certification (when required), there is a $500 penalty.
Maryland State Laws: www.MDE.state.md.us.
410-916-4108