Legal Question in Landlord & Tenant Law in New York

lead paint

I signed a two year rent-to-own lease on an older house (built 1875). I asked about lead paint before signing the lease. I have two children under 6 years old. I was told verbally it was not a problem. I have lived in the house for 6 months, cleaning up peeling paint in several rooms. I decided to buy a ''do-it-yourself'' lead-based paint test. My home test showed positive in the kids rooms on the floor, window sills and doors. After doing some research on the subject, I have learned that I should have received a Disclosure Information form to accompany my lease. I was not given any form or pamphlet about lead paint. I have taken my children to the doctor and waiting results on their blood tests. What are my options? Can the lease be broken based on my findings? I know I can break the purchase part of the lease and lose my deposit money, but can the owner hold me to the remaining rental time on the lease? I am concerned for my family's health and want to pack up and leave.


Asked on 6/27/08, 10:55 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: lead paint

regardless of the circumstances you always have the option to simply leave and then permit everything else to be figured out by litigation.

Lead paint is a major issue, as everyone knows, if there are any issues what so ever with your childrens health, that may be related to such conditions you MUST file a suit to ensure that their health is taken care of long term, in case any conditions they may have may get worse, or may develop later on...

much luck! i wish all turns out for the best.

you may contact us at any time at 877.229.3394 and chosing to speak to me, head attorney carlos gonzalez

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Answered on 6/28/08, 8:37 am


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