Breaking Lease because of Lead
We just learned that our daughter has been exposed to lead paint in our apartment. We were going to move when our lease expired at the end of May but after today’s testing we want to move immediately. In essence we will be breaking our lease. We’ve always been on good terms with our landlord…
We just learned that our daughter has been exposed to lead paint in our apartment. We were going to move when our lease expired at the end of May but after today’s testing we want to move immediately. In essence we will be breaking our lease. We’ve always been on good terms with our landlord but I’m afraid we will lose our deposit. We care more about getting out of this space but the deposit is a fair chunk of change.
Of the 44 surfaces that were tested by the city, 11 came back positive for lead paint. Our daughter was tested and has been exposed. We’d like to move within the next two weeks.
Any thoughts? Should we not expect to get our $$ back? It won’t keep us in the apt but we will be better able to budget knowing whether to expect the deposit.
most of the houses built before 1970 have lead paint. So be prepared to see lead paint again wherever you will move to. And technically it is perfectly fine to have lead paint as long as it does not flake or peel. Be sure to watch for peeling paint before you move and keep your kid away from it. Also watch for any painted wooden frames, which you slide causing painted surface to scrape.
Also, are you positive, that lead paint causes the issue in your kid? 100,000s of kids live in old houses and not so many end up in doctor’s office. Or you have really deteriorated paint or your kid licked the paint or there is a separate source (i.e. Chinese made toys).
BTW LL is responsible to give your lead paint pamplet and once a year check to peeling paint (if you tell him that you have <6y/o kid). He also responsible to fix the peeling paint if he or you will find it. It should be fixed within a week.
I can imagine the shock of a parent receiving these test results. I think most responsible landlords in this situation would not hesitate to refund a deposit. That will be the least of their expenses if the City cites them for violations and abatement. At the same time, having worked in an industry which once had high levels of airborne lead, it raises several questions. Which surfaces tested positive and how was your baby exposed? Were there renovations taking place in your building or your apartment that created a lot of dust? Was there peeling paint and loose chips with which your baby came in contact? As others have noted, there are many sources other than the home for exposure to lead. Stories about toy recalls due to lead paint are not uncommon: http://nyti.ms/cGMkPG
Same for stories about urban gardens contaminated by lead: http://nyti.ms/c3rsgA
In addition, new EPA rules effective April 2010 will test the limits of most homeowners and small contractors regarding compliance: http://bit.ly/dtlUxW
I have some experience in this area. Obviously, you child’s lead levels tested high enough for the pediatrician to notify the City and for testing to take place. The City found levels that allegedly warrant abatement (they actually have to find peeling, cracking or flaking paint–intact lead paint is not enough). This means that the landlord will have to hire a certified contractor to come and scape/paint over and/or re-sheetrock the entire apartment. If I were that landlord, I’d want you out ASAP to I could 1) remediate the problem and 2) avoid any lawsuit by you.
If the landlord has not received a written notice from the City yet, you should send a letter explaining the reason you want to vacate ASAP and request the deposit back. I’d hope he’d be a decent person and give the deposit back, no discussion required.
I’m sorry, I should have clarified that we only became aware of the situation after alerting our landlord of our child being in the apartment. We’ve lived here for years without a child. We’ve filled out the annual status form, indicating that we have a child as of 2010 but nobody ever mentioned testing for lead. Our baby was tested on her first b’day (the law in NYC) and we learned that she had been exposed. Because of that, the city tested our apartment, found the lead and are going to contact the landlord to abate – we just do not want to wait around for them to correct the situation. We’d rather leave now even though our lease is not up until the end of May. Are we entitled to our deposit?
If I were your landlord, I would be happy to help you get on your way and give you all that is due to you. Hopefully he will be reasonable.
without any specifics, it’s hard to judge the situation, but the comment about where this lead came from has some legitimacy. There’s a lot of it out there in the world (the soil of your yard and the pipes carrying your water, for instance), and most lead paint in rental apartments has already been painted over a couple times with other stuff… at least in the crappy apartments I’ve lived in.
One further note- the ban on lead paint stopped the manufacture of it, but a lot of paint was still sitting around and was used after the law went into effect, so the date of construction/renovation isn’t a super-accurate indicator of whether or not there is lead in it.
fwiw.
Oh, c’mon, witchdoctor- do all responsible families with kids have to live in new construction? I’m sure you can find a bunch of people freaking out about outgassing or whatever that would say that’s just as irresponsible.
Just ask your LL, they’re the only one who can answer this question. Since the market is soft I suspect you might lose a month of rent while they look for a new tenant, though it might also take you that long to find (and presumably test) some new digs.
move – the landlord will probably be happy to have you leave and may encourage you to so that he won’t have any more responsibility for your lead situation
Sounds strange. You didn’t sign the lead rider in your lease? It is required by law. Also, didn’t you realize that you were probably living in a place that was erected prior to 1970, so you should have realized that there was lead paint used in the place? I think that you are both at fault, personally and you too put your child at risk. One additional thing, how do you know it came from the apartment and not the environment. We live in NYC and there is lead dust everywhere?