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Each Maryland county has its own rental license requirements. Landlords with pre-1978 properties have additional requirements. Maryland Department of Environment enforces these requirements. These rules ensure the property complies with the Maryland Lead Law. Failure to comply puts the landlord and tenants at risk.

Lead Check Pro has inspected numerous homes for Maryland landlords. We have seen landlords make costly mistakes that are avoidable. The following are the top ten mistakes to avoid.

1. Not Registering Rental Property with MDE
2. Failing to Get a Tracking Number
3. Avoiding Getting a Lead Inspection
4. Not Preparing for the Full Risk Reduction Inspection
5. Not Informing Tenants of the Lead Inspection
6. Neglecting to Disclose Information to Tenants
7. Letting Lead Certificate Expire
8. Failing to Get the SSW for an Exterior Waiver
9. Getting the Wrong Lead Inspection
10. Failing to Renew Property with MDE

The first step with complying with the MD Lead Law is to register the property. The property owner must register the property with MDE. New owners may contact the Rental Registry Division at 410-537-4199 to register. Fines can ensue for non-compliant properties.

The cost to register is $30. Registering with just your county or city is not the same. The owner must register with their county or city and with MDE. Check with the county to see their rental license requirements.

MDE provides a tracking number for property owners to use. The lead inspector includes this number on the lead certificate. Property owners can use the same tracking number for multiple properties. Contact MDE at 410-537-4199 to get a tracking number.

Before new tenants move in, an owner must get a lead inspection. The lead inspection protects the owner and the tenants. It guarantees the home is safe to live in at the time of inspection. Compliance means having a valid lead certificate for the property. Only accredited Maryland inspectors can inspect the property. The lead inspector issues the certificate after the inspection. Certain counties require the certificate number for a rental license. The certificate number is not the same as the tracking number.

Most new landlords fail their first lead inspection. The inspector inspects the interior and exterior paint for defects. The inspection fails if the inspector finds defective paint. All paint must be intact before samples are collected. Many owners assume they do not have to fix paint that does not contain lead. Unfortunately, that's not true. All paint must be intact including paint the owner knows doesn’t have lead. Lead paint may be underneath several layers of non-lead paint. In addition to fixing the paint, the owner should verify the home is clean.

Remember to take care of the following before the inspection

• Fix defective paint on the inside and outside.
• Clean all interior floors. This includes carpet, hardwood, tile, laminate, vinyl, and concrete.
• Check that all wood windows open.
• Clean all wood window troughs.

It is best to do the inspection when the property is vacant and after repairs are complete. Give tenants ample notice of the inspection. The tenant nor the inspector should be caught off guard. Inform tenants the inspector will need access to every room. All doors must be accessible. Check the property for defective paint. Ask the tenant about any areas with peeling, chipping, or flaking paint.

Disclosure of lead is a federal and state law. Potential renters must receive information about lead prior to renting.

Provide the following information to the tenants after the inspection.

• MDE pamphlet
• EPA pamphlet
• Lead certificate

Send the MDE and EPA pamphlets every two years if the tenants are the same.

Certain lead certificates can expire. Expiration dates appear on certificates with winter waivers and limited lead-free certificates. Some counties allow for exterior waivers during November 1 – April 30. This means the owner has until April 30 to fix defective paint. The visual inspection must pass for the certificate to remain valid.

For limited lead-free certificates, a visual must pass every two years. If the certificate expires, the owner needs a new certificate. MDE requires the owner to pay $10 again for the new certificate. If the certificate expires, ask the original inspector to create a new one.

An exterior waiver allows an owner to delay exterior work during November 1 - April 30. An owner receives it by contacting their county's local code official. Once the weather is warmer, the owner hires an accredited contractor to stabilize the exterior paint. An accredited supervisor uses the SSW to verify the contractor's work. The supervisor must provide two copies to the owner. The owner gives one to the inspector. The inspector checks to verify the exterior passes the inspection. The certificate remains valid if the visual passes before the expiration date.

Many landlords want the lead-free certificate. Having a lead-free certificate exempts the property from future lead testing. Homes built before the 1970s typically have lead unless the property was renovated. Painting over lead does not make it lead-free. Lead abatement can be expensive. The full risk reduction inspection is another option. The inspector issues a certificate if all paint is intact, and all dust samples pass.

Property owners must renew their rental property yearly with MDE. Owners can renew their registration online. The cost to renew is $30 for non-exempt properties. Exempted properties pay a one-time fee of $10. Exempted properties are properties with a lead-free certificate or properties built after 1977.