Can I Sue My Landlord for Lead Poisoning in California?
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Short Answer: If a lawyer believes you have a valid case, you can sue your landlord for lead poisoning in California.
As a renter in California, you have the right to live in a safe and habitable environment. This is known as the Warranty of Habitability, which requires landlords to maintain rental units in a livable condition.
If your landlord fails to remove lead-based paint from your rental unit and you or your child suffer from lead poisoning, you may have legal recourse.
Brief Overview of the Warranty of Habitability
The Warranty of Habitability is a legal concept that requires landlords to provide rental units that are safe and habitable.
This means that landlords must maintain rental units in a condition that is suitable for human habitation. If a rental unit is not habitable, tenants have the right to take legal action against their landlords.
The Danger of Lead-Based Paint in California Rentals
Lead-based paint was commonly used in homes and apartments before 1978. When this paint deteriorates, it can create a serious health hazard.
In California, landlords are required by law to disclose the presence of lead-based paint in rental units built before 1978. If a landlord fails to disclose the presence of lead-based paint or does not remove it, they may be in breach of the Warranty of Habitability.
What Disclosures Do Landlords Need to Make about Homes Built Before 1978?
In California, landlords are required by law to disclose the presence of lead-based paint in rental units built before 1978. Specifically, they are required to provide tenants with the following:
- A lead warning statement that includes a warning about the hazards of lead-based paint and a statement that the landlord has complied with all notification requirements under California law.
- A copy of any available records or reports concerning lead-based paint or lead-based paint hazards in the rental unit or common areas.
- An informational pamphlet on lead-based paint hazards, which can be obtained from the California Department of Public Health.
These disclosures must be provided to the tenant before the lease is signed. If a landlord fails to make these disclosures or does not remove lead-based paint, they may be in breach of the Warranty of Habitability.
Common Symptoms of Lead Poisoning in Children
Children who are exposed to lead-based paint can suffer from a range of symptoms, including:
- Learning disabilities
- Developmental delays
- Irritability
- Loss of appetite
- Weight loss
- Abdominal pain
- Fatigue
- Vomiting
- Hearing loss
- Seizures
Common Symptoms of Lead Poisoning in Adults
Adults who are exposed to lead-based paint can suffer from a range of symptoms, including:
- High blood pressure
- Joint pain
- Headaches
- Memory loss
- Mood disorders
- Abdominal pain
- Constipation
- Fatigue
- Muscle weakness
- Reduced sperm count
What Compensation Can I Receive if My Landlord Failed to Remove Lead Paint from My Rental?
If you or your child has suffered from lead poisoning as a result of your landlord’s failure to remove lead-based paint, you may be entitled to compensation. This can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical expenses
- Future lost wages
Importance of Hiring a Lawyer if You or Your Child Has Lead Poisoning
If you or your child has suffered from lead poisoning as a result of your landlord’s failure to remove lead-based paint, it is important to hire a lawyer who specializes in landlord-tenant law.
An experienced lawyer can help you navigate the legal system and ensure that you receive the compensation you deserve. They can also help you hold your landlord accountable for their failure to maintain a habitable rental unit.
Overall, if you or your child has suffered from lead poisoning as a result of your landlord’s failure to remove lead-based paint, you may have legal recourse.
It is important to understand your rights under the Warranty of Habitability and to hire a lawyer who can help you navigate the legal system. By taking action, you can hold your landlord accountable and ensure that you receive the compensation you deserve.
Get Connected with a Lead poisoning Lawyer Today
Lawlinq has connections with some of the best lead poisoning lawyers in California. If you’d like to get connected with a lawyer who has experience handling lead poisoning claims, give LawLinq a call today.
Our service is free to use and takes the hassle out of locating an attorney that will take your case. Don’t hesitate! Get questions about your case answered today.
