Apartment lease and the 1978 lead paint rule
January 15, 2021 1:19 PM Subscribe
My apartment lease states that the apartment was built after 1978, and thus my landlord didn't need to provide a lead based paint disclosure, however, after signing the lease I've found old photographs of the building from the 1950s.
Is this worth bringing up? Does it invalidate my lease? Could it be used to help me in the future if I have a problem with my landlord?
Is this worth bringing up? Does it invalidate my lease? Could it be used to help me in the future if I have a problem with my landlord?
I can't tell if you're worried about physically encountering lead but, if so, Home Depot for example sells multi-packs of instant-read tests for not very much money. They're very easy to use and interpret. Also, if a young child will be living with you, your municipality may have additional resources specific to keeping them safe.
posted by teremala at 1:30 PM on January 15, 2021 [1 favorite]
posted by teremala at 1:30 PM on January 15, 2021 [1 favorite]
I'm not sure if lead law is at the national or state level.
More than likely there's not a lot you can do as - generally lead paint would only be exposed near windows. If you have *really young* kids, are trying to get pregnant, or are currently pregnant - you are probably going to have a harder time either getting out of your lease and/or putting the landlord in the position of having to remediate the issue. Please note, there is paint that can be used to seal in lead based paint.
posted by Nanukthedog at 1:37 PM on January 15, 2021
More than likely there's not a lot you can do as - generally lead paint would only be exposed near windows. If you have *really young* kids, are trying to get pregnant, or are currently pregnant - you are probably going to have a harder time either getting out of your lease and/or putting the landlord in the position of having to remediate the issue. Please note, there is paint that can be used to seal in lead based paint.
posted by Nanukthedog at 1:37 PM on January 15, 2021
Response by poster: Thanks for the answers. I don't have kids, not very worried about the lead, more just curious. The lease had two check boxes with "Built after 1978, no disclosure required" and "Built before 1978, tenant must be given the following info" and they checked the first one, which is why I was curious.
posted by ataxia at 1:52 PM on January 15, 2021
posted by ataxia at 1:52 PM on January 15, 2021
Best answer: photos of the building exterior or interior? is it likely the build of the apartment interiors is later than the building itself?
posted by th3ph17 at 1:55 PM on January 15, 2021 [1 favorite]
posted by th3ph17 at 1:55 PM on January 15, 2021 [1 favorite]
Response by poster: Photos of the exterior. That didn't occur to me, but yes, the interiors are likely much more recent. That is probably the reason. Thanks!
posted by ataxia at 2:04 PM on January 15, 2021
posted by ataxia at 2:04 PM on January 15, 2021
Likely, I guess, but... it would be good of you to make sure the other tenants know about this possibility, in case they, or future tenants, have small children.
posted by amtho at 2:34 PM on January 15, 2021 [2 favorites]
posted by amtho at 2:34 PM on January 15, 2021 [2 favorites]
Lead is quite toxic and I would call the landlord's office to find out what's going on. It's worse for children, but still harmful to adults. If your town has a tenants' rights organization, maybe call them 1st.
posted by theora55 at 2:41 PM on January 15, 2021 [2 favorites]
posted by theora55 at 2:41 PM on January 15, 2021 [2 favorites]
Response by poster: Just in case anyone's worrying, it's a small apartment building and there are currently no kids living in any of the units. I will talk to my landlord about it just to be on the safe side. Thanks!
posted by ataxia at 2:52 PM on January 15, 2021
posted by ataxia at 2:52 PM on January 15, 2021
Best answer: Definitely check. I used to own a 1919 craftsman house that was remodeled in the 1980s--so it was lead free in the newer parts, and the lead paint was under modern paint in the older parts.
posted by th3ph17 at 3:02 PM on January 15, 2021 [4 favorites]
posted by th3ph17 at 3:02 PM on January 15, 2021 [4 favorites]
Lots of info on lead based paint disclosures here https://www.epa.gov/lead/sellers-disclosure-information-lead-based-paint-andor-lead-based-paint-hazards
If you are in the US, and your apartment was older, the landlord should have checked a different box on a form and given you a booklet about lead. I don't know if there's any sort of fine for getting it wrong, but if there is I suppose you could attempt to hold it over their head if you wanted to get out of your lease. Probably not likely to help you with much.
There might also be state laws that would apply.
posted by yohko at 6:24 PM on January 15, 2021 [1 favorite]
If you are in the US, and your apartment was older, the landlord should have checked a different box on a form and given you a booklet about lead. I don't know if there's any sort of fine for getting it wrong, but if there is I suppose you could attempt to hold it over their head if you wanted to get out of your lease. Probably not likely to help you with much.
There might also be state laws that would apply.
posted by yohko at 6:24 PM on January 15, 2021 [1 favorite]
Best answer: Is this worth bringing up? Does it invalidate my lease? Could it be used to help me in the future if I have a problem with my landlord?
If you are concerned about lead exposure, bring it up. If you want to move out now that you realize your building was built pre-1978, especially if you asked before agreeing to take the place, bring it up. The rest of this is unlikely to work. I don't know what sort of problems you foresee. Suppose you destroy something and they try to charge you for it, this is likely not to counterbalance it unless you have damages related to the lead paint (e.g., medical fees).
On another note, I don't agree that it doesn't matter if the interior was remodeled. The lead paint can be in the soil outside, which is something to know if you're gardening edibles or have kids who play in the dirt right near the house.
posted by slidell at 11:49 AM on January 16, 2021
If you are concerned about lead exposure, bring it up. If you want to move out now that you realize your building was built pre-1978, especially if you asked before agreeing to take the place, bring it up. The rest of this is unlikely to work. I don't know what sort of problems you foresee. Suppose you destroy something and they try to charge you for it, this is likely not to counterbalance it unless you have damages related to the lead paint (e.g., medical fees).
On another note, I don't agree that it doesn't matter if the interior was remodeled. The lead paint can be in the soil outside, which is something to know if you're gardening edibles or have kids who play in the dirt right near the house.
posted by slidell at 11:49 AM on January 16, 2021
On another note, I don't agree that it doesn't matter if the interior was remodeled. The lead paint can be in the soil outside, which is something to know if you're gardening edibles or have kids who play in the dirt right near the house.
Seconded. Both my previous and current apartment had lead paint found in the exterior window trim and on the porches.
posted by carrioncomfort at 3:26 PM on January 16, 2021 [1 favorite]
Seconded. Both my previous and current apartment had lead paint found in the exterior window trim and on the porches.
posted by carrioncomfort at 3:26 PM on January 16, 2021 [1 favorite]
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posted by sm1tten at 1:29 PM on January 15, 2021 [1 favorite]