The United States Environmental Protection Agency finalized stronger requirements for identifying and cleaning up lead-based paint hazards in homes and childcare facilities in October 2024. This just proves how lead-based paint can be dangerous to your well-being and also serves as a reminder to landlords and property owners to take extra care with such details.
As a landlord, potential liabilities relating to lead paint hazards could be unknown to you. Failure to meet federal and state requirements can open the doors to a lawsuit in the event the tenant reports problems against you.
Landlords should know their responsibilities to their tenants. Under California lead paint laws, tenants can seek legal action against their landlord if they test positive for lead poisoning while on your rental property.
Let’s discuss what could be done to make landlords and property owners accountable in cases of lead-paint hazards.
Understanding Lead Paint Hazards
Understanding lead paint hazards is of great interest to owners or real estate managers of old properties.
Lead paints are health hazards, particularly to children and unborn children. These paints chip and leak after they lose their integrity over time, falling as dust and chips and being ingested or inhaled by people.
Lead poisoning causes developmental delays, learning disorders, and some other illnesses. Inspection and maintenance should be the first stage to avoid any issues related to lead paint. By remaining informed and proactive, you represent the safety of your tenants and a safe community.
Medical conditions caused by lead poisoning can lead to premises liability lawsuits, which can seriously impact your reputation as a landowner. According to premises liability attorney John R. Bartholomew, a property owner is liable for any injury resulting from a dangerous condition.
Property owners should promote a sense of safety, security, and belonging among their tenants.
Landlord Responsibilities Under Federal and State Laws
Federal and state laws require landlords and property owners to remediate lead paint in any building constructed before 1978.
Landlords are mandated to disclose any and all known information about lead paint hazards as per the provisions of the Residential Lead-Based Paint Hazard Reduction Act. They are also mandated to give out pamphlets containing information about the dangers of lead. Landlords are also required to keep compliance papers.
Each of the states has its own laws concerning lead paint, but they differ only about the required disclosures and some obligations like lead paint inspection or remediation.
Landlords who know about local law will be able to secure their investment and reputation. You will be perceived as a responsible landlord caring about the safety of their tenants.
Identifying Lead Paint in Rental Properties
Keep your tenant legally secure and hold them safe by informing them as to the presence of lead-based paint in the rental property.
Assess the age of the property. Any property erected prior to 1978 should include lead paint. Chipped or peeling paint around doors and windows would help check for the presence of lead in the property.
You do have the option to check with lead testing kits on your own, as advertised in local hardware stores. You can also seek assistance from a qualified professional who will provide a guarantee for a thorough inspection.
Concern over lead paint fosters an atmosphere of trust within your community, which could be a potential hazard to your tenants.
Tenant Rights and Reporting Lead Paint Issues
Once you suspect there are potential hazards related to lead paint in your rental space, it is necessary to know your rights as a tenant. You are entitled to a safe living environment, and such includes the removal of any lead paint hazard. Start by filing a written complaint with the landlord, and let the findings be stated in it. Should the circumstances take a turn for the worse, these documents would be the foundation of your defense and would guide your complaint concerning this matter.
Try to contact your local housing authority or health department where applicable to compel the landlord to abide by the rules and possibly conduct a self-inspection. Convince your landlord to listen, or take action.
Legal Consequences for Non-Compliance
Landlords who break lead safety regulations risk legal action, fines, and significant losses. A criminal charge may even be filed against them. Courts tend to favor tenants if they have experienced difficulty resulting from lead poisoning of any sort.
Your financial situation is at risk if you are held liable for the medical fees and damages of your tenants. Noncompliance tarnishes your reputation in the community. Attracting prospective tenants to rent your property can be a challenge once charges are brought against you.
Studying and keeping abreast of laws concerning lead-based paints ensures an excellent investment and a safe environment.
