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Landlord Failure to Remove Lead Paint – Your Right to Sue Your Landlord for Breaching the Warranty of Habitability


Landlord Failure to Remove Lead Paint right to sue warranty of habitability attorney lawyer

All landlords have a duty to keep their rental properties in a habitable condition based on the Warranty of Habitability – which most states have. The warranty of habitability essentially states that landlords must keep their rental properties in a condition that is safe for their tenants to live in.

A very common hazardous condition that makes rental properties inhabitable consists of lead paint. Exposure to lead paint could lead to a number of health complications, some of which could be devastating. If your landlord was aware of the lead paint in the property but failed to take any action to remediate the issue, then he or she could be held accountable – and could be sued.

If you would like to learn more about the legal options available to you if you and your family were exposed to lead via lead-based paint in your rental home or apartment, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our lawyers here at Downtown L.A. Law Group are ready to evaluate your claim and provide you with the guidance that you need to sue your landlord. Of course, we are also ready to help you win the compensation that you are owed.

If you are ready to discuss your current situation with the experts at our law firm, contact us today.

A Brief Review of the Warranty of Habitability

According to California’s Civil Code 1941.1, landlords have to meet a number of conditions to keep their rental properties in a habitable condition. The warranty of habitability is implied – and applies whether or not the contract states these landlord responsibilities. One of the conditions is to keep the rental property free of toxins – which includes lead. Any use of lead-based paint breaches this warranty of habitability and makes the property a danger to tenants.

The Dangers of Lead-Based Paint in Rental Properties

Exposure to lead in rental homes can lead to lead poisoning, which is associated with a number of concerning symptoms. One of the most common causes of lead poisoning is lead-based paint in homes. Although high levels of lead can result in lead poisoning, long-term exposure to even low levels of lead can be just as dangerous.

When lead builds up in the body, lead poisoning can occur, which can result in different symptoms in children and adults. Unfortunately, children under six are at the highest risk of suffering significant harm due to lead poisoning.

Symptoms of lead poisoning in children include the following:

  • Pica (eating things that are not food)
  • Developmental delays
  • Learning difficulties
  • Irritability
  • Loss of appetite
  • Weight loss
  • Fatigue (and general sluggishness)
  • Vomiting
  • Constipation
  • Hearing loss
  • Seizures

Symptoms of lead poisoning in adults include the following:

  • Joint pain
  • Muscle pain
  • High blood pressure
  • Memory and concentration issues
  • Headache
  • Abdominal pain
  • Mood disorders
  • Reduced sperm count or abnormal sperm
  • Miscarriage, stillbirth, or premature birth in pregnant women (newborns could also have slowed or stunted growth in addition to low birth weights)

Some of the most severe complications include permanent brain damage, kidney damage, and nervous system damage. In addition, seizures, loss of consciousness, and death are also a possibility in the most severe cases.

Regardless of how exactly you and your family were affected by lead paint in your rental home or apartment, it is important that you explore your legal options as soon as possible.

My Landlord Failed to Remove Lead Paint. What Can I Do?

If your landlord failed to remove lead paint from the rental property, he or she effectively breached the warranty of habitability. Depending on the details surrounding your situation, you might have grounds to take action against your landlord – for the breached warranty of habitability and for the harm that you and your family suffered due to the exposure to lead paint in the rental. If you would like to learn more about the legal options available to you, do not hesitate to seek legal assistance with our experts immediately.

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Can I Be Compensated?

Depending on the details surrounding your lawsuit, you could be eligible to recover monetary compensation. Although the specific type and amount of compensation that you could receive will always be based on the details surrounding your claim, you could potentially be eligible to recover compensation for some of the following:

  • Medical expenses
  • Lost earnings
  • Pain and suffering
  • Funeral and burial costs
  • Loss of consortium
  • Property damage
  • Relocation costs
  • Punitive damages
  • Legal expenses

If you have any further questions about the payout that you could possibly receive, including the potential value of your claim or the specific type of compensation that you could recover, do not hesitate to contact us immediately. Our experts are more than ready to fight for your right to the highest recovery available.

Contact Downtown L.A. Law Group Today

Did your landlord fail to address lead paint present in the house or apartment that you were renting? If so, you might have grounds to file a lawsuit. For more information about your legal options, do not hesitate to seek legal assistance with the experts at our law firm immediately. Our lawyers here at Downtown L.A. Law Group are ready to provide you with the guidance that you need to file your lawsuit against your landlord. If you are ready to discuss your claim with the experts at our law firm, contact us immediately.

Here at our law firm, we are dedicated to making things as simple as possible; therefore, we offer free legal services. Our free legal services include free consultations and free second opinions. During these legal services, our attorneys will be available to answer all your questions and address all of your concerns. Our experts will essentially provide you with all the information that you will need to begin or continue your claim. If you are interested in benefiting from these free legal services, do not hesitate to contact us at your earliest convenience.

We are proud to offer a Zero-Fee guarantee, meaning that our clients will never pay any upfront legal fees for our legal services. In addition, we are proud to work on a contingency structure; this means that our clients will not be responsible for paying any legal fees until after winning their injury claims.

If you are ready to speak with our attorneys regarding your legal options after your landlord failed to get rid of lead paint in your rental, contact us at your earliest convenience.

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