Selling a Pre-1978 Maryland Rental: What the Lead Paint Rules Mean for Your Sale

If your rental was built before 1978, lead paint rules come into the sale in two ways: what you must give the buyer, and what the buyer inherits as the next landlord. Knowing both helps you price the property and avoid a last-minute delay.

Is your rental covered?

Maryland’s Reduction of Lead Risk in Housing law applies to an “affected property.” Under Environment §6-801, that means a rental built before 1950 and, from January 1, 2015, a rental built from 1950 through 1977. Some properties are exempt under the law, so if you think yours qualifies, confirm it with MDE. The year built on SDAT’s real property search is a quick first check.

What Maryland expects from you as the current owner

• Registration. MDE says owners of rental homes built before 1978 must register them and renew each year by December 31, and it lists the fee as $75 per unit. Some counties and Baltimore City have their own registration requirements on top of the State’s.
• Turnover certificates. At each change in occupancy, before the next tenant moves in, the owner must meet the risk reduction standard and have the unit inspected (Environment §6-815). MDE describes this as providing a valid lead inspection certificate at each tenant turnover, unless the property is certified lead-free.
• Consequences. MDE warns that failing to comply can bring fines and a loss of legal protections.

What the buyer takes on

A registration doesn’t simply carry over to the new owner. Environment §6-812 says an owner who acquires an affected property must register it within 30 days after acquiring it, and MDE says a change in ownership requires a new registration and tracking number. From then on, the buyer is responsible for annual renewals and for turnover certificates when tenants change.

That is why a buyer of an older rental, especially an investor, will ask for your registration and certificate history. A unit with current registration and certificates for the present tenancy is simpler to take over. Gaps can mean the buyer prices in the cost and time of getting the unit into compliance.

The federal lead disclosure for the sale

For housing built before 1978, EPA’s disclosure rule requires the seller to:

1. Give the buyer the “Protect Your Family From Lead in Your Home” pamphlet.
2. Disclose any known lead-based paint or lead hazards, and hand over available records and reports.
3. Include a Lead Warning Statement in the contract.
4. Give the buyer a 10-day opportunity for a lead inspection or risk assessment. The buyer can waive it, or both sides can agree in writing to a longer or shorter period.
5. Keep a signed copy of the disclosures for three years after the sale.

EPA lists some exemptions, such as foreclosure sales and housing certified free of lead-based paint by a certified inspector. Your settlement company or agent can confirm whether one applies.

Records to pull together before you list or accept an offer

• Your MDE registration and tracking numbers and proof of the latest renewal.
• Lead inspection certificates for each turnover, especially the one for the current tenant.
• Any lead-free or limited lead-free certificate, inspection report or risk assessment.
• Your local rental license, if your county or city requires one.
• The current lease, since a sale usually doesn’t end it.

Our guide for Maryland landlords ready to sell covers selling with tenants in place, and our guide to selling with code violations explains how open notices are handled. If the rental is in the Oxon Hill or Forest Heights area, our Oxon Hill home-selling page covers local rental licensing too.

This article is general information, not legal advice. Lead law details and fees change, so check MDE’s current requirements or talk with a Maryland attorney about your property.