Can I sue my landlord for not letting me know that my house was painted with lead paint? He did not disclose this in my lease and he knew my girlfriend was pregnant and that we had a 2 year old daughter that was going to live in the apartment with us? Did he do anything illegal in the state of PA
2007-02-26 08:05:51 · 6 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I hope none of the 1st 3 answerers are licensed Realtors.
By FEDERAL law, if a property was built before 1978, the landlord must give you a disclosure explaining whether or not they know if lead paint exists or not. The good news is that you only can be hurt if you eat the paint. HUD (www.hud.gov) says in their lead paint brochure that something liek 1 in 11 kids have dangerous levels of lead in their blood, kids do eat it a lot.
Go to my link above for the HUD website and look up lead paint, they have a lot of info there.
2007-02-26 09:16:17 · answer #1 · answered by Mark P. 5 · 0⤊ 0⤋
Lead based paint disclosure or disclaimer must be made for homes built prior to 1978. However, just because the home is older doesn't necessarily mean it has lead paint - and most lead based paints were used in exterior applications.
Look at http://www.epa/gov for tons of stuff on lead paint.
Disclaiming simply means the landlord says he doesn't know whether the property has lead paint or not and has no test information or records to share with you. Most landlords will disclaim rather than disclose simply because it costs several hundred dollars to get a lead paint test done. The law does not make it mandatory for the landlord to test for lead.
If you want to order your own test (at your expense) and lead is found, you have a number of options including terminating the lease, filing a suit against the landlord, etc.... You might want to get the 2 yr old tested for lead as well.
2007-02-26 09:19:18 · answer #2 · answered by njc_flhtc 4 · 1⤊ 0⤋
Not sure if he did anything illegal. In CA and WA it is mandetory to disclose Lead Based paint in any residence built prior to 1970. Whether or not they know for a fact it does or does not contain lead based paint. I think your only real recourse is to notify him in writing of this and to move out. Also he shouldn't charge you any move out expenses. I would google PA landlord/tenant laws and see if the Lead Paint addendum is anywhere listed.
2007-02-26 08:12:25 · answer #3 · answered by The Drew 4 · 0⤊ 0⤋
i'm no longer positive for all states, yet the following in Maine, he did not no longer favor for instance any suggestion to you until eventually it posed a probability. If he had artwork performed on the residing house at the same time as you've been in it, then he would pick to allow you to comprehend. Lead paint in a house isn't risky. It gained't seep out of the walls and harm your or your baby. even if it really is disturbed (sanding, scraping, or the different "structure" on it) it is going to then pose a difficulty. you have not any foundation for a lawsuit, you've been no longer harmed in any way. once you're baby ate some lead paint chips, both you and the owner are at fault.
2016-12-04 23:53:57 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Has anyone been harmed? Have you been picking paint off the wall and feeding it to your girlfriend or her daughter? Just being in the same room with lead paint doesn't pose a danger.
2007-02-26 08:15:00 · answer #5 · answered by Faeldaz M 4 · 0⤊ 1⤋
Move, there is nothing you can do. lead paint is common in older houses.
BTW I think your shopping for a lawsuit. So go run your head into the wall and sue Yahoo
2007-02-26 08:08:35 · answer #6 · answered by Thomas H 1 · 1⤊ 1⤋