Suing Your Landlord for Lead Paint Poisoning Hazards

Posted on behalf of Peter T. Nicholl in Lead Paint Poisoning Published on August 2, 2019 and updated on March 6, 2022.

cleaning lead paint with gloves onLead paint has been a major part of industrial and construction material and found in many older homes today. The particles in lead paint present numerous health hazards and victims may be eligible for a lawsuit if they can prove another party is liable for their exposure. Find out more about lead paint and if you may have a case.

Our Maryland lead paint poisoning lawyers are available to evaluate your claim and inform you of your legal options – schedule a free, no obligation consultation today.

Are You Living on a Property Exempt from Title X?

Title X is another name for the Residential Lead-Based Paint Hazard Reduction Act of 1992, which was designed to protect families from lead exposure in homes, including lead from soil, dust and paint.  Under Title X, the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) require disclosure of lead paint and related hazards when leasing or selling most homes built prior to 1978.

Certain types of properties are exempt from Title X notification:

  • Homes for which construction began or permits were obtained after January 1, 1978
  • Homes with lead-free certifications from state-accredited lead inspectors
  • Homes specifically designed for those with disabilities, except in the event that any child under the age of six lives there or will live at the residence
  • Studio, loft and efficiency apartments
  • Single rooms rented out of a residential home
  • Short-term vacation rentals, which are leased for periods of 100 days or less
  • Specifically designed retirement homes for seniors ages 62 and older, unless any child under the age of six lives there or is expected to live in the home

Were You Given Any Disclosure on the Hazards?

Landlords are legally required to make the following disclosures to tenants when renting out a property constructed before 1978: this includes the following:

  • Give prospective or lease renewal tenants the EPA’s Protect Your Family from Lead in Your Home pamphlet.
  • If the landlord has any information about lead paint in the home or building, this information must be given to the tenant.
  • A Lead Warning Statement must be incorporated into the lease, as an attachment or as a lease section, confirming that the tenants have been provided with the required notifications by the landlord. This must be signed by the tenant and landlord.

Disclosure is also required before any renovations are done to occupied units or common areas in buildings covered under Title X. The EPA requires that landlords provide current tenants with lead hazard information at least 60 days before the renovation project’s starting date.

For occupied unit renovations, the EPA Protect Your Family from Lead in Your Home pamphlet must be provided to the affected tenants. If common areas are being renovated, every unit in the building must be given notice, which must cover the following information:

  • Nature of the renovation
  • Renovation location
  • Expected start and end dates

What Are the Health Risks of Lead?

Due to its versatility, lead was used in the manufacture of many construction materials until the mid-1900s, when the dangers of lead exposure became known. Lead exposure is most commonly associated with lead-based paint, used in many households in past decades.

Lead exposure has the potential to cause serious health issues, which range in severity based on factors such as the length and frequency of exposure. Exposure causes lead levels within the body to rise, creating symptoms such as:

  • Lowered IQ
  • Delayed growth
  • Constipation
  • Anemia
  • Headaches
  • Irritability
  • Abdominal pain and cramps
  • Hearing issues
  • Behavioral issues
  • Aggression
  • Sleep disturbances
  • Low energy
  • Low appetite

High lead levels due to exposure have the potential to impact the following bodily systems and organs:

  • Nervous system
  • Reproductive system
  • Intestines
  • Bones
  • Heart
  • Kidneys

Get Help from an Experienced Attorney

If you suffer from health issues caused by lead paint exposure, you may be eligible to obtain compensation. If you have a case, our Maryland personal injury attorneys may be to will help you pursue the maximum compensation you deserve for your medical bills, lost wages, and pain and suffering.

Learn what legal options may be available in your situation – schedule a free, no obligation consultation with our experienced attorneys today. You pay no upfront fees, and only owe us if we recover compensation on your behalf.

Call 410-244-7005 or complete our free online form now to get started.