Legal Question in Real Estate Law in New York
Hello,
I just signed a lease on a new house, I have a pregnant wife and two toddlers, there is peeling paint around many window sills and a test came back positive for lead paint.
once the landlord agrees to fix the problem how long does he have to do the work, can I make him pay my bills if i have to move out of the house while they do the work, if he does not do it can I break my lease and get my deposit back?
thank you
Astrid
1 Answer from Attorneys
The property was almost certainly built before 1978, so the landlord and rental agent should have given you the EPA materials. Federal law requires that before signing a lease for housing built before 1978, renters must receive the following from your landlord:
An EPA-approved information pamtphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).
Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.
An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the seller has complied with all notification requirements.
The presence of the lead is a breach of the warranty of habitability. Whether you can break the lease or invoke remedies would call for consulting an attorney.
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