Painted Countertops in Rental Unit

[Tonbra]

What is the name of your state (IOWA)

Shortly after moving into a rental house in Iowa my wife began to have severe health issues of unknown etiology that progressively got worse to the point we ended up having to leave the house we were renting at the end of the lease. It got so bad she couldn't even get out of bed some days. We spent a lot of money on medical bills trying to find the source of the problem and a way to fix it. We never did.

After leaving the house we were in, my wife got better- still not 100% and we still have things were dealing with, but her quality of life is significantly better.

In the house, the landlord had painted the entire countertops in a granite style. The paint job was so good I didnt realize it was just paint (I thougt it was a faux laminate or something). Two months after signing the lease, I have a document from the landlord telling me the countertops were painted.

Since leaving, in the course of some research, I discovered that painted contertops are against the local law as they can impart toxic residue that can be absorbed in the body. Looking further, I found out that my wifes symptoms are consistent with oil-based paint poisening.

Oil based paint has a number of chemicals in it such as mercury, cobalt, and barium that can be added as pigment. The reason painted countetops are against the law is that when that paint is disturbed (dishes, pots and pans, cleaning, etc) it can release particulate that can be absorbed in the mucous membraines or ingested via contact with food and utensils.

My wife already has a sensitivity to chemicals and odors and I am thinking this could be part of her issues- particularly since it didn't start until after we moved in and has significantly abated since then. I have asked the landlord to provide me with the manufacturer name and the name of the paint used so I can obtain an MSDS and we can take that to a physician to see if was the mystery issue and how to treat it if it was.

Do I have any kind of recourse? Where should I go with this?

 

[justalayman]

maybe you should tell this guy he is breaking the law:

Countertops & Floors

do you have a link or at least the law this breaks?



without a court order, the landlord does not have to provide you with anything and would be smart to refuse you anything without a court order.

 

[ecmst12]

I highly doubt you will be able to link anything to the paint. It's designed to be used on kitchen counters and should be safe for the vast majority of people. You don't even know what was in the paint at this point.

 

[Tonbra]

I highly doubt you will be able to link anything to the paint. It's designed to be used on kitchen counters and should be safe for the vast majority of people. You don't even know what was in the paint at this point.

To answer the first question- According to The Housing Code of the City of Cedar Rapids, Chapter 29 of the Municipal code, “Counters for food preparation shall be furnished with surfaces that are easily cleanable and will not impart any toxic or harmful effect to food.

As to the quote above- how do you know the paint is designed to be used on kitchen counters and should be safe? Your second sentance underscores my point- I dont know whats in the paint and I need to see an MSDS.

Secondly, I am not an Industrial Hygienist but I work with them closely. I can tell you after looking at a random MSDS for several oil based paints that there are toxic chemicals in them and I can tell you that when paint is disturbed, it will give off particulate and can leach into food if there is an exposure route.

 

[ecmst12]

You don't even know it was oil based. I know there are products out there specifically designed for kitchen counters that are made to look like granite, and since you said it looked very convincing, it was most likely one of those.

And the law you cited does NOT forbid painting countertops, it only forbids painting them with toxic paints. Which you don't know the paint was toxic and you don't even have any reason to SUSPECT it was toxic. Your wife has a mysterious illness and I understand that's frustrating, but it doesn't mean you can go pointing fingers at every random thing in your life.

 

[justalayman]

How did you determine this was oil based paint?

not to argue the point but I cannot find what you have cited in the muni code of Cedar Rapids

Municode - Search

but to clarify your claim, painted countertops in are not illegal. Countertops that impart toxic substances upon your food are illegal.

and if you want an MSDS, ask the landlord. If he refuses, either sue or forget about it.

 

[CJane]

So. You KNEW, two months into the lease, that the countertops were painted. And your wife became ill. And you have professional experience working with people who know that paint can be harmful if the toxins contained in it leach into food that is then consumed (nevermind that that is virtually impossible).

And yet, you didn't connect your wife's mysterious illness to the painted countertops until you just happened to discover QUITE some time after discovering the countertops were painted that painting them was illegal (even though it's not, really)?

 

[Proserpina]

So. You KNEW, two months into the lease, that the countertops were painted. And your wife became ill. And you have professional experience working with people who know that paint can be harmful if the toxins contained in it leach into food that is then consumed (nevermind that that is virtually impossible).

And yet, you didn't connect your wife's mysterious illness to the painted countertops until you just happened to discover QUITE some time after discovering the countertops were painted that painting them was illegal (even though it's not, really)?

Really sounds like someone is simply trying to get out of the lease without the financial responsibility.

Edited: And here we have it: https://forum.freeadvice.com/landlord-tenant-issues-42/date-termination-tenancy-vs-lease-termination-date-568395.html

 

[CJane]

Really sounds like someone is simply trying to get out of the lease without the financial responsibility.

Edited: And here we have it: https://forum.freeadvice.com/landlord-tenant-issues-42/date-termination-tenancy-vs-lease-termination-date-568395.html

Oh, of course.

Why didn't I think of that?

(in your stead)

 

[Gail in Georgia]

These products end with a top coat sealer designed to strengthen and protect the painted surface.

In addition, you stated in your other post that you left your lease early to move to another state for employment, not because of any health issues your wife had.

Gail