Can you sue your landlord for lead paint exposure?

Lead Paint Is A Serious Problem

Lead paint is a serious problem that renters may face, particularly in homes or apartments that are older. In many cases, the lead paint that was once widely used has flaked off for decades and gotten into the soil and dirt surrounding the homes or apartments. In addition, lead paint may be lurking just a few layers deep, barely covered up under a few thin layers of modern latex paint.

Lead Exposure Can Lead To Serious Health Complications

If you or your children become unwitting victims of lead paint exposure it can lead to serious, long-term health complications.

Both federal law and Maryland state law require landlords to give tenants specific warnings about the dangers of any lead paint that might be on the premises. In addition, Maryland law requires some additional specific steps that landlords renting an apartment or home built before 1950 must take:

  • Lead hazard treatments need performed on the property in order to earn a Risk Reduction Certificate.
  • Tenants must be given a Risk Reduction Certificate proving that the property has had measures taken to reduce the risk of lead exposure.
  • The landlord must register the property and pay a $30 fee to the Maryland Department of the Environment.
  • Tenants also have to be given the pamphlets titled "Lead Poisoning Prevention Program: Notice of Tenant's Rights" and "Protect Your Family From Lead in Your Home."
  • If notified by the tenant that there's any chipping or peeling paint, or that a child in the household has elevated blood levels of lead, the landlord must perform modified risk reduction measures within 30 days and notify the tenant with proof.

Dangers of Lead Paint Exposure

Keep in mind that the dangers of lead paint exposure are well-known, especially to landlords. Pregnant women and children, in particular, can end up suffering permanent neurological damage as a result of the lead exposure. If your landlord lied to you and told you that all the lead paint was removed and it wasn't, and you or your children have suffered an injury as a result, you may have a case.

Please check out our page for more information on how we approach issues involving landlord negligence.