high levels of lead based paaint in my apartment and land lord never told me!?

I moved into my apartment August 15th 2013 my landlord knew I was in a high risk pregnancy and that I have a young child she was only.a year old she is now 18 months old, there was nothing about lead based paint in the lease and he never told us there could be lead here. I asked him about it a month ago and he said he didn't know and I would have to pay to get a test done if I wanted answers, I got the results back today and the lead levels in the apartment are so high they want me to get my daughter tested for lead poisioning and the state of Maine is having people come in to test the whole building and then it will be decided if the building needs to be evacuated my question is was this legal for my land lord to do to us? Would I have a decent law suite?

4 Answers

  • Anonymous
    7 years ago
    Favorite Answer

    In the state of Maine….

    Landlords, property management companies, real estate agencies, and home sellers are required by state and federal law to inform potential occupants of the known presence of lead-based paint in pre-1978 housing. Before signing a lease the landlord must disclose known lead-based paint and lead-based paint hazards and provide available written reports if applicable.

    The landlord must provide the pamphlet developed by the U.S. Environmental Protection Agency (EPA), the U.S. Department of Housing and Urban Development (HUD), and the U.S. Consumer Product Safety Commission (CSPC), titled "Protect Your Family from Lead in Your Home." The landlord must also provide a written disclosure statement developed by the Maine Department of Health and Human Services (DHHS) titled "MAINE WARNING: LEAD BASED PAINT HAZARDS". Notification and disclosure language when lead paint hazards exist must be included in rental agreements.

    Assuming your landlord is in violation of this tenancy law then he has misrepresented the property. It would be worth pursuing.

    Edit: Did the landlord/manager not know about lead based content? Ignorance of the law is not a defence. Any owner of a building knows the age of his/her building. Any intelligent/responsible owner will be kept up to date concerning ALL tenancy laws. Good for you to be willing to pay for testing. I would also ask or find out how old the building is. Your landlord cannot use the excuse that he did not know about lead content. And if it turns out that the building is pre-1978 then the landlord is dead in the water.

  • 7 years ago

    No, you have no basis for a lawsuit, UNLESS you can prove that your and/or your children now have unacceptable levels of lead in your bodies. DO understand that lead based paint is NOT an issue unless it is in such condition that it can be ingested or breathed in, if in dust form.

  • 7 years ago

    He had to disclose KNOWN presence of lead. Good luck proving he knew.

  • 7 years ago

    Discuss this with a lawyer.

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