Does Lack of Lead Notification Nulify a Lease

[ddrowe]

What is the name of your state? Pennsylvania

Does the lack of the EPA’s Lead Paint Disclosure for a property that is later discovered to have lead in the water pipes, the tub enamel and flaking paint cause a lease to be null and void? I have read in the EPA documentation that “before a purchaser or lessee is obligated under any contract to purchase or lease target housing, certain requirements must be met.” These include the EPA lead paint pamphlet, disclosure of any known lead in the house, etc. I leased a house in western Pa and encountered the above scenario. There were 4 children, 2 teenagers and 2 seven year olds drinking and bathing in that house. Since it was not disclosed or the pamphlet given then the lease should have been void and no obligation exist. We mentioned this and mold to the owner and were told that we were leasing the house, it was our problem. We asked if we could leave he agreed, and then turned around and sued for unpaid lease payments and damages.

Please advise.

Thank you for your time.

 

[ecmst12]

It's possible. Guess you'll find out when it goes to court. Is it small claims or civil court?

 

[OHlandlord]

I answered this post on the other site it was on. For readers on this site, this post is significantly shorter than the other. The other post shows that there were no definitive tests done for mold or lead in the house, other than the cheap box store tests. Nothing to show lead in the water, the type of mold in the house, or any tests done on any paint flakes where it was peeling. The residents did not have blood testing done to show any lead poisoning. The entire question is should the failure to give the lead pamphlet and statement nullify a lease (and the end result of breaking the lease).

I suggest consulting your state law or http://www.epa.gov/lead/pubs/nlic.htm or
Contact the National Lead Information Center to receive a general information packet, to order other documents, or for detailed information or questions.

By Phone: call and speak with a specialist Monday through Friday, 8:00 am to 6:00 pm eastern time (except Federal holidays) at 1(800) 424-LEAD [5323].

 

[ecmst12]

PA law does require the information be given.

 

[ddrowe]

Does not matter

The judge would not take the lack of information into consideration nor the fact that my children had been sicker when they were living there than any time before or since. I now owe missed rent and damages of $5910. This is one time i sincerely feel the legal system failed.

 

[Alaska landlord]

No It does not nullify the lease. It does however expose the LL to EPA fines for not providing the information to the tenants.

 

[Alaska landlord]

The judge would not take the lack of information into consideration nor the fact that my children had been sicker when they were living there than any time before or since. I now owe missed rent and damages of $5910. This is one time i sincerely feel the legal system failed.

Seems pretty fair to me. Children get sick all the time. You show no evidence that point to lead as being the culprit and expect the LL to forfeit damages in the form of unpaid rent and other damaes The lead issue seems to have emerged only after your LL sued and apparently was not a concern during your tenancy.

 

[ecmst12]

Small claims court is always a crap shoot, everything depends on the judge you get. But AL, the lead WAS brought up when they were living there, and the LL told them they could move (failing to mention he was not letting them out of their lease). Pretty shady if you ask me but they DID sign the lease and probably had no solid proof that the house caused the illness. Guess their judge thought that was enough.