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June 28, 2008
Just signed lease on apt. w/ lead paint... I'm pregnant.
Hello,
I just signed a lease on a very cute old apartment in Williamsburg. I wasn't thinking about lead paint, and the landlord didn't mention it at the lease signing. However now I'm very concerned. There is pealing paint on all the windows, doors, and old tin ceiling. Now I'm trying to figure out what to do. I'm assuming I should talk to the landlord and tell him I'm pregnant (I didn't mention/he didn't ask at lease signing) and ask him if he can help pay for the clean up, or if I can back out of the lease somehow. I haven't moved in yet, and actually have one more month on my current place, so I have time for renovation or to find another apartment. My question is: do you know what my rights are here? Is this all my mistake? Or should he be responsible for clean-up, and/or consider letting me break the lease? Also if I break the lease, am I out 1st, last and security?
thanks in advance for any advice.
Comments
I'm not a lawyer or anything, but this is my understanding based on many years of renting: The landlord is responsible for ensuring that there's no lead paint exposure and abating any lead paint that's exposed in the apt. If you're concerned, have the paint tested ASAP and if it is indeed lead paint, the landlord would be required to clean it up. If he declines, you can break the lease.
Posted by: guest at June 28, 2008 12:30 PM
Agreed with above, however be careful that they don't do an improper half-baked abatement consisting of dry scrapping or other massively dust releasing manual scrapping methods that'll make things worse.
Posted by: guest at June 28, 2008 12:39 PM
Agree with responses number one and two, but want to add: DO NOT MOVE IN until after the lead paint is leaned up and the whole place is tested to be sure it ISN'T worse. If you have to move somewhere and it all means breaking the least, F it... nothing is worth the exposure...
Posted by: guest at June 28, 2008 12:53 PM
Thanks for the advice. If he refuses to do the work, do you think I could get some of my money back? It seems "fair" to me for him to keep the first month payment, but I'd really love to get at least the last month & security back. Either way, I'm not looking for a flight... just want to understand my rights. Thanks!
Posted by: ute123 at June 28, 2008 12:55 PM
In ny he had to give you an info sheet on lead paint.
Are you sure it is lead paint? The lead paint may have been removed years ago and now it's just old peeling nonlead paint. This is often the case. Remeber, that abatement does not require him to remove it all. He can just cover it up with nonlead paint and seal it in. This is perfectly safe and effective.
Don't let your baby eat any paint chips, lead or not.
Posted by: guest at June 28, 2008 1:46 PM
I think it would be in your best interest -- and your landlord's -- to move on, without penalty.
And I think you should have mentioned you were pregnant, assuming the child would be living in the apartment.
Posted by: guest at June 28, 2008 5:40 PM
The danger of lead paint is actually not for the pregant mother but for the newborn. Lead paint has to be ingested, and babies put everything in their mouths in the first year of life. We, in our ignorance, were unaware of the dangers of lead paint. We thought that a child had to be munching on paint chips to get poisoned, but they crawl on the floor and lead dust gets on their toys, fingers and hence their mouths. We woke up with a jolt when our grandson was tested at one year of age with a reading of 26 (level III on lead poisoning scale). Our daughter and grandson immediately came to live with us (for two months) until a new accomodation was ready. The NYC Department of Health was in the apartment within 48 hours, the apartment was condemned and landlord ordered to fix it. However, within two weeks after my kids moved out, it was rented again.He couldn't have had the time to do the extensive work that was required.
My kids, on the other hand, had their new place stripped of ALL paint at an enormous cost of time amd money, but we would have paid more not to have gone through that experience at all.
Don't move into the apartment.
Ruth
Posted by: guest at June 29, 2008 7:19 AM
Removing the lead paint is a very dirty job. Your apartment will be full of dust for a while (which can be bad for the mother as well). I hightly recommend that you talk with the landlord. I am sure that he will let you out of the lease early. You should have no problem getting your security back as well. However, I am not sure about last month's rent. That might be harder to get. If you decide to stay it will be a big inconvenience to you and the landlord.
Posted by: guest at June 29, 2008 8:34 AM
Just echoing the question: are you sure it's lead paint? From what I can see you just noticed that there was peeling paint, but did you get any of it tested? It may not be, especially in W'burg. Maybe this is just anecdotal, but we had our house tested due to impending infant arrival, and were shocked to find that there was no lead paint at all -- this a 1902 row house, with many layers of paint. According to the guy who did the testing, the lead paint was the expensive stuff so wasn't as widely used in areas that weren't so fancy (Sunset Park, our particular case).
Posted by: saturdayrenogirl at June 29, 2008 8:48 AM
since you haven't actually tested for lead just assumed, have you actually tested to see if you are actually pregnant? Maybe you're not?
Posted by: guest at June 29, 2008 3:49 PM
do you want to worry about this for years? Making a place lead safe is very different from lead free. Lead safe means that the owner should be able to deliver the apartment free of lead on friction surfaces and provide you with lead wipes showing that each room has lead dust below a certain level. That is NYC law. Ask for the lead tests. That doesn't mean that it lead free. Lead paint may be intact and on every thing in the apartment except the window sill and friction surfaces.
If you want to not think about this, move into a post - 1978 building or gut renovation (with lead tests). At the end of the say, though, you child's safety is your responsibilty. Old furniture has lead paint. Some toys have lead paint. Go to CPSC.GOV and you might not ever buy a toy from China. Don't even think of looking at your cleaning chemicals because they are as bad or worse than lead if ingested.
As a dad of a 2 year old, the world is a dangerous place. You will love being a parent.
Posted by: guest at June 29, 2008 6:21 PM
Yeah, there is 0 tolerance for lead paint, yet parents happily "vaccinate" their infants with heavy metals and live viruses. I just had my tenant's apartment abated for lead. They weren't pregnant when they moved in, but had I known they were trying I may not have rented to them because it was a pain in the a**. It's a small 1-bedroom and they are probably going to move out anyway when the baby comes, but in the meantime I had to spend $2,000 on abatement and tests and it definitely caused some friction in our relationship.
The landlord is required to give you information about lead paint when you move in. If he didn't, then you have every right to demand all your money back. If he did, and you didn't read it, then he doesn't have to give you your money back, but he does have to have the apartment tested and abated. Period. If the surfaces are in good condition, then it may be properly abated with just a couple of coats of lead barrier compound on the high friction areas.
Posted by: guest at June 30, 2008 9:53 AM
AFter you have tested and are sure it is lead paint, tell the landlord to let you out of the lease and return all your money. If he balks, tell him you will take him to court. That is EVERY landlord's worst nightmare and he will be sure to comply with your wishes. It is much cheaper for him to rent to someone else than to have to clean up the apt - or more likely the whole building.
Posted by: guest at June 30, 2008 5:48 PM
Thanks for all the replies.
I was only 8 weeks pregnant at the time of lease signing, and hadn't even been to the Dr. yet. So I wasn't trying to hide anything from him... I just wasn't telling anyone yet. Landlord did not talk about lead paint or give us the lead handout at lease signing. A few days after we signed the lease I did go to the Dr. and Dr. routinely asked about lead paint. I then asked my partner to asked landlord about it. Landlord said "yes of course there is lead paint, it's an old building. That's why I don't rent to people with kids". I called landlord back to tell him about pregnancy and he acted like it was my fault for not telling him, and that he was not required to give us info about lead. Now he is willing to give us our last month & security deposit back. But he is unwilling to give back 1st month. In total it has been a week since lease signing.
Posted by: ute123 at July 1, 2008 8:51 AM
take the money and run
charge the cost to "lessons learned"
This way you can enjoy your pregnancy -as much as you can
Posted by: guest at July 1, 2008 12:36 PM
Call 311. The NYC Dept. of Health can help with this.
Posted by: guest at July 5, 2008 12:05 PM
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