Lead problem in property

Lead problem in property

Rental Property Investor · Washington, DC · Member since 2015 · 278 posts · 156 votes

So I've been quiet, there is a reason. I've been through 1.5 contractors. The first imploded and his people were horribly slow and incompetent. The next one, the .5, sort of didn't want to deal with the mess the first one left and so just put me in contact with subs.

So the house is over 100 years old and in Baltimore. It did have some work done sometime in the late 20th century by a obvious DIYer, and some of the old walls were behind new drywall. So a lot of the lead was behind things and under other coats of paint..... until the first contractor's people decided to sand the stairs without doing anything to control the dust. Worst yet, someone decided to sand the stairs after the walls were painted and the carpet laid, so in the open plan house the dust is on the walls and everywhere. I suspected the stairs might have had lead paint on them so when I tested the wall closest to the stairs and I got red.

So what do I do now?

Most of everything is done. I just need to redo a few minor things and repaint. I really want to get this thing rented out before the Summer ends. The holding costs are now becoming a problem.

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Derreck WellsPro Member
Specialist · Pelham, NH · Member since 2013 · 547 posts · 269 votes
9y
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  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    First step is to look for a lead remediation contractor in your area and get an inspection and estimate for remediation.  Don't consider putting tenants in until this is complete, as that dust could cause real damage.

    Lead paint is nothing to fool around with.

  • Derreck WellsPro Member
    Specialist · Pelham, NH · Member since 2013 · 547 posts · 269 votes
    9y
  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    You'll have  to register the property and pass the lead inspection before you can rent it out.  The link that @Derreck Wells provided should help you.  The state's website has a list of lead-certified contractors and inspectors.  I'm not sure about Baltimore, but for our unit in Annapolis, they required additional city registration and city inspection as well before renting.  I had my unit XRF-tested and certified lead-free so I did not have to continue testing between tenants.  But we just sold that property when we moved out of state as we feel MD is just becoming too tenant-friendly and we don't want to deal with it any more long-distance.    

  • Rental Property Investor · Washington, DC · Member since 2015 · 278 posts · 156 votes
    9y

    Okay. I'm going to have it tested to figure out how bad it is. I've read the various Maryland PDFs and pages ( 

    http://mde.maryland.gov/programs/Land/LeadPoisonin... ). There are things I was planning to redo, but with facts I'll know how much. I need to do.

    I'm a little less freaked out now. I went back to the photos I'd been taking of the progress of work, to figure out when the bad thing with the stairs was done and when the painting was done. Also the house was a rental prior to me getting it and had been renovated at least 30 years ago.... not renovated well, but it had been renovated.

  • Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
    9y

    What do u do now? 1. Hire a lead guy to gun your property and tell you what needs to be dealt with to be lead free. 2. Get a contractor to finish the project, including what lead guy tells u to do 3. Get lead cert, rent house......side question, do u know how to put a house toghether? Big problem if not. no way to do know if things are happening correctly.

  • Financial services executive · Frederick, MD · Member since 2015 · 609 posts · 341 votes
    9y

    What you need to do immediately prior to any lead inspection is CLEAN.

    In an old property like that it would cost a fortune to remove all of the lead paint from the walls. So the other option is to "encapsulate" it (which means paint over it completely with clean new paint -- no chips or cracks) and then you clean up all the dust. 

    Considering the situation with dust I'd get a crew out there to soap down every surface once you finish construction work and encapsulation and then scrub the window sills and floors a second time the morning of the inspection. You can't see lead dust so assume it's on everything even stuff that looks new and clean. 

    You will get a new $150 inspection every tenant turnover but this is pocket change compared to the cost of making a 100-year-old home lead free.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    9y

    @M Marie M.  Get a lead inspector like Neil Roseman of LeadProbe to consult with you.  He can help you decide if you go with "lead free" or "Lead safe". Lead free is obviously best. However a home that is 100 years old may take substantial work to make lead free.  On the other hand since it has been renovated some of the lead may have already been dealt with. It may not take to much to  make lead free. 

    To go lead free an inspector tests the property with an XRF gun to determine exactly what surfaces have lead.  You can then encapsulate them or remove them.  For example, floor trim often has lead paint and removing to replace it with more modern trim may not be very expensive.  

    The problem with having the XRF test is that once you have records of lead paint in the property you must disclose that to any tenant or buyer. So if the XRF test shows that you have to much lead to make it lead free, you will have lead paint and know it. You will have to disclose that. 

    IMPORTANT @JR T. said that you can "encapsulate" the lead with new fresh paint.  This is incorrect.  To encapsulate lead paint means to permanently cover it. Laminating new drywall over top of the existing walls or wrapping aluminum around window frames would be examples. If you permanently encapsulate lead paint, in MD it can qualify for meeting the standard of being "Lead Free". However simply painting over lead paint as JR mentioned does not qualify as encapsulation or being lead free.  You absolutely can paint over lead paint to qualify as "Lead Safe". However that is not the same as encapsulation of being lead free.

  • Financial services executive · Frederick, MD · Member since 2015 · 609 posts · 341 votes
    9y

    @Ned Carey Lead-safe is the procedure I described above where the landlord gets a lead inspection performed at each tenant turnover. Are you saying if my people used the encapsulation paint prior to regular repainting my property could possibly test lead-free? I'm not there for the painting, but it's an interesting idea. The reason I'm confused is our paperwork for painting in pre 78 homes reads "encapsulate paint xyz rooms"

    I'm not certain lead-free is always best. If the home still contains lead paint that's had a layer of encapsulation paint added couldn't lead be detected at the property again at some point in the future? Especially when doing repairs or improvements? I've read court cases where landlords thought they were lead free and then had an instance of lead poisoning. 

    Thanks for updating me on the nomenclature.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    9y

    @JR T. while something called Encapsulating paint may exist, I don't think that meets MD requirements to be considered lead free.

    No I don't believe there is any "encapsulating paint" that qualifies as lead free by MD standards. 

    What Paperwork are you referring too? 

    I suspect there is confusion between; the legal definition of encapsulation to meet MD lead free standards, a generic use of the word encapsulation, and/or a specific type of paint called encapsulation paint. This could be three distinctly different things.  To qualify as "Lead Free" any lead paint must be permanently encapsulated by a durable material and paint does not count.

  • Financial services executive · Frederick, MD · Member since 2015 · 609 posts · 341 votes
    9y

    Sorry paperwork reflecting the work that was done. I'm not a painter. The product they're using is called Insl-X which is sold in paint cans and applied like paint but is described as a "lead encapsulating coating." It's supposedly highly durable and has a bitter taste so kids won't eat it if it comes off, but I don't see how it could make anything lead free if they need to add a bitter taste to it.

  • Rental Property Investor · Washington, DC · Member since 2015 · 278 posts · 156 votes
    9y

    I appreciate the back and forth between @Ned Carey and @JR T.

    It has crossed my mind that I did the test wrong, and I have been doing the 3M tests wrong for this whole project. I touched the tip against the test trip every time. I remember leaving yellow stains on the wall and the sill, then touching the little piece of paper that comes with the test to test if it is working, and then it turned red. I feel horribly silly, but I'll find out the truth once I've gotten an inspector in there.

    I'll update once the I know what's what.

  • Real Estate Agent · Baltimore, MD · Member since 2014 · 215 posts · 123 votes
    9y

    @JR T. "lead encapsulating paint" is not sufficient in Maryland. Per Maryland law, the encapsulation needs to be mechanically fastened.

  • Rental Property Investor · Washington, DC · Member since 2015 · 278 posts · 156 votes
    9y

    Okay, update time. I did the 3M test wrong, I have no lead in the house. The inspector came through, did a visual inspection, had several wipes and the rests came back saying I had less than whatever they test for so I passed. So all that worry over nothing.

    Regarding the Maryland Department of the Environment's website where I had to register, that site hates Firefox. I am having the darnest trouble registering my property using Firefox, so I had to switch to Safari (I'm a mac person).

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