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.
· 6 years ago