Utilities and Other Costs
Who is responsible for paying the following utilities for the Property?
Service/utility channels are the conduits, pipes, wires, cables, and aerials used with the drainage, water, gas, electricity, telecommunications, and other services on the Property,
Disclosing Mold, Lead Paint and Asbestos
Frequently Asked QuestionsWhat are the requirements regarding lead?Except where the Property was built after 1978 or in certain other limited circumstances, Federal Law (Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d ) requires that the Landlord provide the Tenant the pamphlet Protect Your Family from Lead in Your Home (EPA - 747-K-99-001) or an equivalent pamphlet that has been approved for use in your state by the Environmental Protection Agency. It also requires the Landlord to disclose certain information regarding lead-based paint and lead-based paint hazards that might exist in the leased Property.The Landlord's agent has an obligation to have informed the Landlord of its obligations under 42 U.S.C. 4852(d) regarding lead-based paint hazards and to ensure compliance with those requirements.What are the requirements regarding asbestos?As the United States hasn't banned all asbestos use, tenants don't have a right to an asbestos-free home. However, tenants have the right to know whether asbestos is present. As almost all states recognize an "implied warranty of habitability", Landlords must properly contain all asbestos risks so tenants are provided with a reasonably safe home.
Under regulations issued by the U.S. Occupational Health and Safety Administration (OSHA) in 1981, landlords must disclose whether asbestos is present. This information should be provided in the lease.
OSHA's standards presume that buildings constructed before 1981 have asbestos-containing materials. As a result, building owners are responsible for locating where asbestos is located and how much is present. Landlords must check and follow standards for monitoring levels and containing asbestos. Landlords must also handle asbestos properly during repairs and renovations.Why does it matter what year the Property was built?If the house was built before 1979, then the Landlord needs to do a lead-based paint disclosure.
If the house was built before 1981, then the Landlord needs to do an asbestos disclosure.