Legal Question in Real Estate Law in California

Who's Responsibility Is It To Have A Rental Inspected For Lead Paint

I'm renting a one bedroom house that was built in 1926. The paint on the living room ceiling is cracked & peeling. I'm not sure if the paint contains lead, & would like to find out. Who's responsibility is it to pay for a qualified inspector to test the paint? and if this paint has lead is the owner responsible for having it removed at the owners cost?


Asked on 5/29/02, 9:55 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Who's Responsibility Is It To Have A Rental Inspected For Lead Paint

Lead-based paint and lead water pipe hazard regulation is mostly by recent federal law. Landlords must disclose any information they possess on an EPA form and also deliver a copy of the EPA's lead hazard booklet. Lead inspections are NOT required, so if there hasn't been one, you would have to work it out with the landlord, you can't just demand one. However, delivery of a disclosure form and booklet is required. If you want more particulars contact the EPA by phone, in person, or on the Web.

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Answered on 5/29/02, 11:07 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Who's Responsibility Is It To Have A Rental Inspected For Lead Paint

You have only suspicion, no evidence. Thus, you will have to pay for the inspection. If the inspection reveals lead, then you may have a Civil Action against your landlord.

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Answered on 5/30/02, 12:28 pm


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