Oil Based Paint - Must Landlord Repaint Unit?

I live in Los Angeles Co. and have resided in the same Apt. for over 7 years. The paint that was used to paint my apt. before I moved in was oil-based, which contains lead. Now, I understand that only water-based paints are allowed. Some of the paint is chipping and peeling, which could pose a health hazard. On this basis, do I have a Legal Right to have my apt. repainted at the Landlord's expense ? I will call Los Angeles Housing Dept. tomorrow to confirm.

Thank You

4 Answers

  • 1 decade ago
    Best Answer

    Lead was outlawed from residential paint in 1978. Most paint companies removed the lead from their paints long before that. Oil base paint has not been outlawed but new restrictions on volatile organic compounds (VOCs) have forced most oil base paints off the market. Unless it's an old apartment with lead paint there are no health issues to make your landlord responsible. After 7 years things like paint should be done as part of normal building maintenance. Tenants like you who stay in the same apartment for many years are a landlord's dream. Let him know about the paint and ask for a new paint job. Most apartments are painted every few years between tenants. Yours hasn't.

  • Dash
    Lv 7
    1 decade ago

    Lead was banned from paint about 30 years ago. Oil based paints manufactured today do not have lead in them and are not a health hazard.

    If the apartment was painted 7 years ago is is highly unlikely that the paint had lead in it. If it is a very old apartment complex then there could be lead paint underneath the newer paint and this older paint could be what is peeling off. If you not sure then have it tested.

  • 1 decade ago

    Not all oil based paints contain lead, you would need to send it out to be tested. If it is the case, then you definitely have a claim against your landlord.

  • lee b
    Lv 5
    1 decade ago

    7 year old paint should not contain lead.

    also lead based paints are really only a hazard if it is being sanded.

    just scrape it and repaint.

    also i would not advice painted previously oil based paints with water based as in time it will flake.

    i can not see why only water based paints are aloud i would use eggshell

    Source(s): pro painter and decorator of 15 years
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