Selling your rental property in Philadelphia can leave you with plenty of questions about paperwork and legal requirements. One concern you may have is lead certification.
Philadelphia generally requires lead-safe certification for many rental properties. But does that mean you need a certificate before selling yours? No, lead certification is usually a requirement that landlords have to meet when they continue renting their house.
For selling your rental property, you do not need to obtain a new lead certificate. You may be wondering why. Let’s discuss it in detail in this article.
Quick Summary
You generally do not need a Philadelphia lead certificate simply to sell a rental property. However, landlords must follow the city’s lead certification requirements when renting covered properties. Missing certification can create compliance problems. Selling the property does not automatically clear existing violations or other legal obligations.
What Is a Philadelphia Lead Safe Certificate?
A Philadelphia lead-safe certificate confirms that a qualified lead professional inspected the property and found no deteriorated paint or hazardous levels of lead-contaminated dust under the city’s testing standards.
The certificate reflects the property’s condition at the time of inspection. It does not guarantee that the property contains no lead-based paint or that hazards cannot develop later.
Lead-Safe vs. Lead-Free Certification: What’s the Difference?
Both certificates deal with lead hazards, but they do not mean the same thing. A lead-safe certificate shows that the property meets lead safety standards. A lead-free certificate confirms that the property meets the city’s requirements for being classified as lead-free.
Here is a simple comparison to help you understand the difference.
| Lead-Safe Certificate | Lead-Free Certificate |
| Confirms the property meets lead safety standards at the time of inspection. | Confirms the property meets Philadelphia’s lead-free requirements. |
| The property may still contain lead-based paint. | Requires testing or inspection that supports a lead-free finding. |
| Generally needs renewal every four years. | Generally does not require regular renewal. |
| Common for older rental properties. | Issued when the property meets the city’s lead-free criteria. |
So, a lead-safe certificate does not mean your property is completely free of lead paint. It simply confirms that the property passed the required safety checks at the time of inspection.
What Does Philadelphia Lead Paint Law for Landlords Require?
Philadelphia requires landlords of covered rental properties to obtain lead-safe or lead-free certification. The city uses these requirements to reduce lead exposure and requires landlords to demonstrate compliance when obtaining or renewing rental licenses.
According to the City of Philadelphia’s rental property lead certification guidance, the requirements now cover more rental properties than before.
Which Properties Fall Under the Pre-1978 Rental Philadelphia Lead Requirement?
The first thing to check is when your rental property was built. Philadelphia’s lead certification requirements generally apply to rental properties built before March 1978.
For example, if you own an older rowhouse in Kensington or a rental duplex in West Philadelphia, you may need a lead-safe or lead-free certificate to legally rent it out.
Also, the law applies even if your tenants do not have young children. Philadelphia expanded its requirements to cover rental units regardless of whether children aged six or younger live there.
So, if you own an older rental property, check its construction date and existing lead certification records to understand what the law requires.
Are Any Philadelphia Rental Properties Exempt?
Yes, some properties may be exempt from Philadelphia’s lead certification requirements.
For example,
- Properties built in or after March 1978 generally fall outside the city’s lead certification rules for older rental housing.
- If your property already has a valid lead-free certificate, you generally do not need to repeat lead-safe testing every few years.
But it should be clear to landlords that having no tenants or no young children living in the property does not automatically make it exempt.
Your property’s age, rental status, and existing certification records all matter. Therefore, it is best to check Philadelphia’s current requirements before deciding whether you need a certificate.
Do You Need a Rental License or Lead Certificate to Sell Your Philadelphia Property?
Generally, you do not need a rental license or lead-safe certificate just to sell your Philadelphia property. These requirements mainly apply when you rent out a property rather than sell it.
However, selling your property does not mean you can ignore any violations or legal issues from when you rented it out.
For example, suppose your rental license expired six months ago, but tenants are still living in the property. In that case, you may still need to address the issue even if you plan to sell.
Also, Philadelphia requires a separate Property Sales Certification for many property sales. The city’s Department of Licenses and Inspections issues this document to provide information about the property’s records and any recorded violations.
There is another important requirement you should know about: Under federal law, sellers of most homes built before 1978 must disclose any known lead-based paint hazards and provide buyers with available inspection reports.
According to the EPA’s lead disclosure requirements, sellers must also provide a lead safety information pamphlet. Buyers generally have 10 days to arrange a lead inspection unless both parties agree to a different period or waive the opportunity in writing.
So, you may be able to sell your Philadelphia rental property without a lead-safe certificate, but you still need to follow the applicable disclosure requirements.
What Happens if Your Philadelphia Rental Has No Valid Lead Certificate?
If you continue renting a property without the required lead certification, you may face licensing problems or enforcement action.
Philadelphia requires certification to help protect tenants from lead hazards. An expired or missing certificate can affect your ability to demonstrate compliance.
So, you could face any of the following issues, depending on the circumstances:
- Rental license application or renewal problems.
- Notices of violation and possible financial penalties.
- Additional testing and lead hazard correction costs.
- Delays when a buyer requests compliance records.
However, if you plan to sell your rental property, the situation is a little different. You generally do not need to obtain a new lead-safe certificate just to complete the sale.
You may not need a new lead-safe certificate solely to complete the sale. However, you must still follow applicable federal lead disclosure requirements and Philadelphia’s Property Sales Certification rules.
If the property has outstanding violations or tenants living there, review those obligations before closing. An as-is sale does not automatically remove them.
Can You Sell Rental Property Without Lead Certification in Philadelphia Through a Cash Buyer?
Yes, you can. In fact, selling to a cash home buyer can be a good option if your rental property has no valid lead certificate or needs costly repairs.
For example, suppose your North Philadelphia rental has peeling paint, damaged walls, and an expired lead certificate. If you fix these problems, it could cost you thousands of dollars.
But if you choose to sell the property as-is to a cash buyer, you do not need to invest in costly repairs. However, you must still disclose known lead hazards and follow applicable legal requirements.
The Final Words
In short, a Philadelphia rental generally does not need a lead-safe certificate solely for a property sale. But that does not mean landlords can ignore applicable rental safety laws until they transfer ownership. Instead, you must still meet your legal responsibilities and disclose any known lead hazards to potential buyers.
If your property has an expired lead certificate or needs expensive repairs, selling it as-is may be a practical option. At We Buy Any Philly Home, we understand how stressful it can be to sell a rental property with these issues. That is why we buy Philadelphia homes in their current condition, without requiring you to make costly repairs.
You can share your property details with us and receive a fair cash offer within 24 hours. The most beneficial thing is that you do not have to worry about agent commissions or closing costs.
Contact us today to discuss your property and see how we can help you sell without the usual hassle.
FAQs
How Long Is a Philadelphia Lead-Safe Certificate Valid?
If you have submitted it after February 1, 2020, the certificate is valid for 4 years or 48 months according to the city’s rental certification rules. On the other hand, certificates submitted before January 31, 2019, were valid for only two years.
Do I Need a Lead Certificate if My Rental Property Is Vacant?
If the property is vacant and you plan to sell it, Philadelphia generally does not require a new lead-safe certificate solely for the sale.
If you plan to rent the property again, you must meet the city’s applicable lead certification requirements before entering into a new lease or obtaining the necessary rental license.
What Happens to a Rental License When the Property Sells?
It does not transfer automatically to new owners. If the buyer plans to continue renting the property, they must apply for their own rental license and satisfy the city’s applicable requirements.