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ks asked in Politics & GovernmentLaw & Ethics · 1 decade ago

can i sue for landlord not disclosing lead paint information?

i rent a hundred year old home. when i moved in the landlord told me there was no lead paint. he also had city inspection come and they passed him to operate a rental unit. the city inspector did in fact come and did their inspection which does not include lead paint. i later found out that the state performs the test and the city does not get involved. i called the state and they said the owner never registered his property or got it tested. can i sue him for negligence? especially since i have a small child in home?

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  • 1 decade ago
    Favorite Answer

    Any house that is one hundred years old has lead paint. Take that as a given. The state regulates lead paint disclosures and most likely has penalties for failure to comply. Turn the landlord in to the state agency that deals with lead paint disclosure enforcement. Find it through the search bar on the state web site. And you can sue your landlord. But you will not get anything unless you can show damages. Please have your child tested. You will need to speak with a lawyer before you can go any further.

  • 1 decade ago

    I'm not sure for all states, but here in Maine, he didn't not need to disclose any information to you unless it posed a risk. If he had work done on the home while you were in it, then he would need to inform you.

    Lead paint in a home is not dangerous. It won't seep out of the walls and harm your or your child. If it is disturbed (sanding, scraping, or any other "construction" on it) it will then pose a problem. You have no basis for a lawsuit, you were not harmed in any way. If you're child ate some lead paint chips, both you and the landlord are at fault.

  • Jay L
    Lv 7
    1 decade ago

    First of all, are you sure there is exposed lead paint?

    Second, a home that is 100 years old will have had lead paint on it at one time. Until the 1970's all paint had lead in it. If the paint is covered over with new paint, then the land lord did all that is expected.

    Unless you can show there is lead paint exposed and he knew it before renting to you , I don't think you have a leg to stand on.

    If you are that worried about it, you have an obligation to your child to move out as soon as possible.

  • mahler
    Lv 4
    5 years ago

    undecided if he did something unlawful. In CA and WA it somewhat is mandetory to demonstrate Lead based paint in any place of abode geared up in simple terms before 1970. notwithstanding if or not they understand for a certainty it does or does not comprise lead based paint. i think of your in ordinary terms actual recourse is to inform him in writing of this and to pass out. additionally he shouldn't cost you any circulate out fees. i could google PA landlord/tenant rules and see if the Lead Paint addendum is everywhere indexed.

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  • The landlord might be mistaken, but what harm has occurred? IS here lead paint? If there is, you need to move out. If there is NOT, what is your problem?

  • 1 decade ago

    are you sure it was a city inspection and not a city service inspection?

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