🧠 Lead Paint Liability: The $40K Mistake Maine Landlords Keep Making

A Blog Article by HarborLight Property Inspections, LLC | July 16th, 2025

Greetings, Maine property owners. If you own or manage rental property built before 1978, this edition is for you—and it could save you tens of thousands of dollars.

We’re diving into the #1 environmental compliance issue that trips up landlords in Maine: lead-based paint.

While it may seem like yesterday’s problem, lead paint is very much today’s lawsuit. And the most expensive mistake you can make? Skipping proper inspections and disclosures.

Here’s how landlords across Maine are learning that lesson the hard way—and how you can avoid joining them.

The $40,000 Slip-Up in Portland

Let’s start with a real story.

A landlord in Portland owned a charming triple-decker built in 1912. Good bones, hardwood floors, crown molding—the kind of property that leases in a weekend.

But there was one problem: peeling paint on the window sashes and trim. And even though he’d never tested for lead, he assumed a quick patch and repaint would be fine.

He was wrong.

Here’s what happened:

• The unit was rented to a family with two toddlers.

• Within a few months, the children’s pediatrician detected elevated blood lead levels.

• Maine CDC launched an investigation.

• The property tested positive for lead hazards via an XRF analyzer inspection.

• The landlord had failed to provide required EPA Lead Disclosure Forms, never offered tenants the EPA’s “Protect Your Family” pamphlet, and never tested the unit for lead before leasing.

Total cost?

• $13,000 in state-mandated lead abatement

• $8,500 in tenant relocation costs

• $7,000 legal settlement

• $5,000 in fines

• $6,000 in lost rent during compliance work

Total: $39,500 (not counting the reputation damage or legal headaches).

So What’s the Actual Law in Maine?

If your rental was built before 1978, here’s what you’re legally required to do—every single time you rent or sell a unit:

1. Disclose Known Lead Hazards

   • That means any reports, past remediation, or XRF results must be shared.

   
   

2. Provide the EPA “Protect Your Family from Lead” Pamphlet

   • This must be handed out to every tenant before they sign the lease.

   
   

3. Include a Lead Disclosure Addendum in Every Lease

   • Signed and dated by both landlord and tenant.

   
   

4. Keep Records for 3 Years

   • If you’re ever audited or sued, you’ll need to prove compliance.

Fail to do any of the above, and you’re violating federal law—and state-level penalties in Maine can pile on top of that.

Enter: The XRF Inspection

An X-Ray Fluorescence (XRF) analyzer is the gold standard for detecting lead paint. Unlike a visual check or swab test, it uses non-destructive scanning to detect lead content inside painted surfaces—even through multiple layers.

Maine landlords who proactively get an XRF inspection are:

• Avoiding lawsuits and enforcement

• Qualifying for Section 8 / HUD rental programs

• Gaining peace of mind (and marketability)

Here’s the kicker: XRF inspections typically cost between $400–$750 depending on home size and areas tested. Compare that to the $40K lawsuit from above. Worth it? Absolutely.

Case Study #2: Biddeford Duplex Blocks Section 8

A landlord in Biddeford tried to list their unit for Section 8 to help offset vacancy. But the Housing Authority flagged the property: no proof of lead-safe status, no XRF report on file.

To become eligible, the owner had to:

• Hire a licensed lead inspector

• Undergo risk assessment

• Perform $9,200 in window trim and porch remediation

• Wait 7 weeks to get approved

Meanwhile, the unit sat vacant.

Had the landlord performed a baseline XRF inspection years earlier, they would have qualified instantly—and saved 7 weeks of lost rent.

So What Can You Do?

If you own pre-1978 property in Maine (and let’s face it, most of us do), here’s your action plan:

• Schedule an XRF lead inspection

• Include proper disclosures and pamphlets in every lease

• If hazards are found, consult with a lead-safe contractor (Maine DEP-certified)

• Bonus: Market your units as Lead-Safe Certified—great for families and voucher tenants

  
  

Final Thoughts

Ignoring lead doesn’t make it go away. But proactively addressing it—especially with professional XRF inspection and proper documentation—can protect your business, your tenants, and your NOI.

At HarborLight Property Inspections, we specialize in lead testing, compliance consulting, and pre-market assessments. Whether you manage 2 units or 200, we’ll help you stay compliant, lead-safe, and profitable.

Want to learn more?

Lead-based paint is the most overlooked—and most expensive—compliance risk for landlords in Maine, particularly for those managing properties built before 1978.

In this article, we broke down the #1 environmental hazard triggering lawsuits, insurance issues, and emergency abatement orders across the state. From disclosure requirements to testing obligations and renovation rules, the penalties for noncompliance are steep, but the solutions are within reach.

To support landlords and property managers like you, the EPA has launched a dedicated initiative in Maine to improve lead paint awareness, compliance, and enforcement. If you own or manage older rental units, this is a must-read update from the EPA:

🔗 Getting the Lead Out: EPA Kickstarts Maine Lead Paint Initiative

We’re offering free 15-minute consults for Maine landlords—no strings attached. Bring your address and your questions.

Book yours here: Calendly

Or email: mike@harborlightinspections.com

Let’s turn your lead liabilities into compliance wins.

See you next month for our next edition:

“Is Mold Costing You $150/Month in Hidden Turnover?”

Until then,

Mike Marquis