Tenant test positive for lead paint on bath tub

[Marci Stein]

Not sure how to proceed —

2 adult tenants. No children .
newly moved in and tested for lead on peeling paint on side of painted bathtub. Positive. 

From what I’ve read, I am required to remediate this if a child under 6, 

is living in the house - however, this is not the case .
anyone please advise how to proceed.
Am I responsible if an adult finds lead in paint? I’m in upstate NY ..  TY!

[Patricia Steiner]

Geez...maybe we start here:  

1.Lead paint is expected with any building/structure constructed before 1978.  Landlords have an obligation in most states to provide a Lead Paint Disclosure (brochure) to tenants that basically states this fact. You don't need to test for it but if you have knowledge of the existence of lead paint, you are required to provide those reports/disclosures. (Where to get Lead Paint Brochure for free if you don't already have it:  https://www.epa.gov/lead/protect-your-family-lead-your-home-...

2. Peeling paint is a problem. If you have it, it needs to be remedied - whether it's lead or not. When it is not remedied, you   open yourself up to tenant issues like the one you're experiencing. But....  

3.  You're not required when no child is present to remediate it.  See the following (and there are tons more online):

https://www.justia.com/real-estate/landlord-tenant/informati...

Considering that adults do absorb 11% of lead paint (children have much higher risk) and you now know it is present, it is worth curing to preserve your property valuation and attract/retain quality tenants.  There are many inexpensive options that include having the tub sealed/reglazed.  Lead Paint poses a danger when it is deteriorating so sealing it cures the risk.  The other option is to replace the bathtub altogether.  

While you don't have a legal obligation to do anything (and hopefully you gave out the lead paint disclosures when you rented it), all a tenant has to do is claim their health has been negatively impacted to initiate a law suit against you for damages.  Those are also all over the internet...whether they prevail or not, it's an expensive avenue to go down.  

I recommend telling the tenants that you had no knowledge of the lead paint and that you appreciate them bringing it your attention. Share that while you are not required to cure it as no children are in the unit, you would like to do so by (whatever you choose). Schedule the work and give them the required notice of entry.  Take back control by acting - and just make this issue go away.  

Hope this helps...hope even more that this issue goes away for you soon.

Best...