FACTS: The landlord and tenant entered into an Arizona REALTORS® Residential Lease Agreement for a single-family residence built in 1956.  The landlord refuses to provide a Lead-Based Paint Disclosure, claiming that it does not apply to rental properties.

ISSUE: Does the Lead-Based Paint Disclosure apply to rental properties?

ANSWER: Yes.

DISCUSSION:

The Lead-Based Paint Disclosure must be provided for both sales and leases if the home was constructed prior to 1978.  Moreover, Lines 173 to 182 of the Residential Lease Agreement contractually obligate the landlord to provide the Lead-Based Paint Disclosure.