Moving to a New Home with Lead Paint in the Disclosure

Updated on May 30, 2011
L.T. asks from Elkton, MD
15 answers

We found a cut little cape cod house for rent that we really like. It's cheaper than our current rent and we would really like to apply for it. However, there was a disclosure that listed lead in the home. We have a 3 year old son, and as much as I loved the house, I don't want to consider it if it will pose a threat to my son. Also, I saw somewhere online that a landlord cannot rent out a house if nothing has been done to correct the lead paint, etc. Does anybody know if this is true? Should we just forget about the house or are there things that we can do to keep our son safe and healthy even in a house with lead paint? Also, when we toured the house, it looked in good condition, no chipping paint or anything and it looked as if the walls were repainted b/c they were painted in really bright colors.

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So What Happened?

So, I called the realtor today and asked him if and where the lead based paint was in the house. He said he didn't know where or even if there was...just that they had to disclose that there could be lead in the house since it was built in 1950. He didn't know if there was any lead sodering in the water pipes either. Basically, he said if I feel uncomfortable about it then I shouldn't apply and that I could also have the house tested for lead, but that it cost a couple hundred dollars. Do health departments do the testing for free? He didn't think it was anything to worry about. But what was I expecting, he's a salesman. Guess I will need to talk to the owners next. If they can't give me any information then I will have it tested. Thanks for all the advice, moms:)

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S.N.

answers from Minneapolis on

For get about the house. my dog groomer just had to move b/c her 2 YO had horrible lead paint levels in her blood..... they had no idea the house they were renting even had lead. It can cause brain damage.... find a home that was built AFTER 1973 (or later) b/c that is when lead paint was no longer produced.

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J.B.

answers from Boston on

Our first home was 100+ years old and had lead paint on the windows and door frames. The windows themselves were vinyl, so I didn't have to worry about lead dust being generated by the friction of the windows opening and closing. We lead tested all of the woodwork that was in reach of our children, painted over anything that they could reach and made sure that we had no chipping or peeling. The walls had been painted over many times with latex but we had peeling problems (some idiot past owner had put latex over oil with no primer) so we did have to sand down the walls and for that, we were very careful to get the kids out of the house, contain the dust, wear charcoal filter masks while working and thoroughly wash down all possibly contaminated surfaces before opening those rooms to the kids again. None of them has ever had abnormal lead levels on their lead tests.

If the lead is just on the inside, you can take precautions and probably find a willing buyer when you go to sell the home later. If the exterior has lead paint, I would be very wary as that can contaminate the groundwater and become an environmental hazard and be very hard to remediate. Our exterior had been replaced with vinyl siding years before we moved in, but we passed on a painted wooden house that had lead paint on the outside because it can become a public health issue and you can (at least in MA) be forced to do a very expensive professional lead paint removal if there is any possibility of the paint contaminating the land.

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B.P.

answers from New York on

I think you need to ask questions. Like the previous poster noted, it wasn't until the 70's that lead paint was banned. That means that every home before that has had or currently has lead paint. Most people just paint over it. Some people sand a bit but its pretty rare that its completely removed. You need to find out why the landlord stated that there is lead paint. Cracking or peeling lead paint is a major issues. Also, anytime lead dust is created it can be breathed in. Even if its on the outside, if it's not sealed it can go into the ground and effect your garden, plus kids don't always wash their hands. If it's sealed properly it is not an issue. Its really the dust (in an attempt to remove it) and cracking or peeling paint that is inadvertantly injested. We lived in a 200 year old house and when my son was a baby his level was 6 (the highest level you can safely have is 9) at his 1 year appt. and then when he was 2 it was down to 3 because he wasn't crawling on the floor.

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C.C.

answers from Sacramento on

Typically, you have to disclose lead paint on any home built before the 70's, where you can't prove the lead has been remediated. Ask more questions - if they have had the home tested, then you should be able to see the reports. From there, you can decide how serious the issue is - perhaps even lower your offer price in order to cover necessary lead remediation, if that will be required. Keep in mind that every home has issues, even new ones. No home you ever buy will be perfect, so it's just a matter of keeping it in perspective.

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J.J.

answers from Allentown on

Well before just running away I would check into a bit more. Find out if the windows have been replaced. My guess is they have. I live in an old house which was never checked for lead paint, but the windows and doors were replaced and it was painted. So I am not worried about it. I had my kids tested for lead and they were fine. they are now 3 and almost 6. I also have an old rocking horse that I am sure was painted with lead paint, have had it for years without problems. If you look at the causes of lead poisoning it is primarily in young children who either lived in a place corroded with the dust or were chewing on window sills etc that were painted with lead paint. If the house has been painted and the windows replaced, I would have no hesitation moving there. My kids get tested every few years for it and have always had normal test results.

G.T.

answers from Modesto on

In California these new laws always work "going forward". Like now we cant use the same things we used to because of the new lead law, so going forward anything like paint or plumbing has to be lead free.
You might ask them where this supposed lead is and see if its something that could be corrected. I have to have my tenants sign a prop 65 notice when they move in, it's a general notice stating that cancer causing things might be in the air like exhaust fumes and cigarette smoke.
They give you the disclosure to sign so you wont sue them if you get sick... you have to decide. Anything built prior to 1992 may have lead fixtures and lead paint.
some of us oldsters here have grown up chewing on lead based cribs and we are still going. You just have to decide whether its a rational or irrational fear. Govt likes to scare us. I noticed the new "I've fallen and I cant get up" commercial has now added a more scary version of the same commercial for their product, showing a helpless senior getting broken into by a hooligan. I hate how they prey on our fears to make money, absolutely HATE it!

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E.M.

answers from Honolulu on

Did it say it was in the paint or in the home? I once rented a house with outgoing lead pipes, and it had to be disclosed, but really who cares what the pipes that take your poop are made out of?

Also once a house has been labeled as having lead, it can never be unlabeled... even if they remove all the walls and replace them then repaint.

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R.K.

answers from Boston on

In MA a landlord cannot rent to families with children 5 and under if the building has lead. Lead poisoning (even small amounts) can cause permanent learning problems. I would not rent a place that has lead paint sure a three year old isn't going to be chomping on walls and windows but the dust from opening and closing doors and windows is far worse.

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M.F.

answers from Youngstown on

Well children under two are more likely to get lead poisoning. You can get lead poisoning from ingesting it or breathing in the lead dust. My house had tons of lead in it. We had the windows and doors replaced everything painted and our wood floors sealed.(they had lead dust on them) I don't know the laws. I just know these things that I read in the pamphlet the health dept gave us when they came out and tested. I am not sure I would rent a house with lead in it somewhere. We had no idea about ours when we bought it but had it tested years later,never would have bought it. My kids were fine I had them tested as soon as the results came back.

A.J.

answers from Williamsport on

I would have it tested. If it's in good shape and newly painted with no old flaky windows, it will probably pass inspection, but because of it's age they have to list lead. The landlord may deduct price of inspection if you rent it. Call us crazy, but we bought our big old affordable dream home and it's probably covered with lead paint. We've got 3 young kids. We didn't think about it when we bought it. We bought it from a family with 2 young kids. I grew up in a similar house. We didn't want a new house and had to have this house. I'm thinking of having the kids tested. I'm a little freaked out because my friend who is uptight and never lived anywhere old had high levels of lead come up in her kids when she tested them.

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T.S.

answers from Philadelphia on

The house I own is over 200 years old. We've lived here for 8 years and considered the whole lead thing when we bought it. I have 2 small children too. I grew up in a house that had lead paint and aspestos siding and I'm ok. There are so many safety standards now that make us afraid to do anything anymore. Not that we shouldn't take precautions to make us safe. If you are renting though, i would make sure that the home you are getting is the safest it can be especially since someone else is going to be responsible for repairs and such. If you are questioning the house you chose, then you probably won't be happy living in it.

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M..

answers from Youngstown on

Do NOT rent this house! If you have a 3 year old it would be highly irresponsible to move him into a house with lead. Lead is the number one cause of retardation in children. It can cause learning disabilities. I know this because we rented a house years ago and it turned out there was lead there. We called the health dept to come out, and they educated us and tested the house. Once you learn everything that can happen if your toddler is exposed to lead, you would never even consider living in a house with lead paint.

True, if the paint is not peeling there is a lesser chance of anything happening. But the number one spot for lead is actually the windows, and everytime the window is opened or closed it releases lead dust into the air. It's just not worth the risk. Why take that chance with your son? There are other (safer) houses out there. I wish you luck.

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S.W.

answers from Minneapolis on

I live in a condo building that was built in the 1920s. I sign a waiver each year for lead along with my lease. My landlord explained that there could be lead paint left in the basement of the building. I am not concerned. The unit we live in has been remodeled and repainted several times since lead paint was being sold. My daughter was 5 when we moved in.

If you are concerned, I would ask for more information, test results, and such before giving up on this house. An even bigger source of lead than paint, in some areas, is water pipes. You can test the water for lead content if that is a concern. I would rent the house if it's what you are looking for.

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B..

answers from Dallas on

It is required by law for any home built before 1980 to have that disclosure. We had to sign one for our home. Before we signed off on the home, we got lead test kits from Lowes, I think they were around $10.00. We tested the house, and there were no traces of lead. Lead paint was mostly used on the outside of the house. Unless your outside paint is peeling and flaking, and can come inside with the windows open...there is not a whole lot to be worried about,

J.S.

answers from Hartford on

If they haven't performed lead abatement or lead removal, then I would NOT rent that house. It's too dangerous and damage from lead is irreversible. It's just not worth it.

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