Lead Paint Nightmare

Lead Paint Nightmare

Rental Property Investor · New York, NY · Member since 2011 · 95 posts · 10 votes

Hello everyone, Really need your help here. I bought a 3 unit property in NJ with tenants already in them. I got new month to month leases with the tenants just to see how they will pay... 2 tenats worked out ok but one tenant with a 2 year old child stopped paying rent after 1.5 month.
Anyway I started sending registered eviction notices etc. so they wrote me a fradulent check from a made up charity. Thats when i started the eviction process

Anyway fast forward 4 months. The sheriff will be locking them out any day now and now they are now threatning to take me to court for lead poisoning of their child. The house was built it in 1930's so it obviously has lead. I also made them sign the lead disclosure paperwork when they signed the new month to month lease even though they were already living there. In addition I got the kid's room and the window ledges painted with lead encapsulant paint. Even though only after a month and a half i was sending eviction notices, I still feel like i could be taken for a ride.

These people are really dangerous. I'm not even sure if they will harm their own child to make a buck. Anyway, am i protected enough?? I have a LLC and also have insurance on the house. But I believe they can still come after my assets.

What should i do?? Really worried about this issue. Can i do anything else to protect myself further? Like forming another umbrella LLC.

Any help would be really appreciated.

Thanks

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Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
13y

I don't think you need a lead paint specialist. You need a good eviction attorney. They've seen this before, whether it's lead paint, mold, asbestos, etc. Move forward with eviction without cutting any corners.

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  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y

    You can ask a lawyer.

    I hope you have plenty of documentation of the condition of the house. If the lead is not properly sealed with new paint, you could be liable.

  • Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
    13y

    Sounds like you may need to consult an attorney and make sure you have all the documents and documentation (between you and the tenant) from when you purchased the property, what the tenant signed and the prior owners rental documents which may show the tenant sign the LBP disclosure as well...Good Luck!

  • Rental Property Investor · New York, NY · Member since 2011 · 95 posts · 10 votes
    13y

    The previous owner didnt have any docs or even a lease. I have now had the property for less than 9 months and out of this time. I have been trying to kick this particular tenant out for over 7 months. Does anyone know of any attorneys that specialize in lead paint?

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    13y

    I don't think you need a lead paint specialist. You need a good eviction attorney. They've seen this before, whether it's lead paint, mold, asbestos, etc. Move forward with eviction without cutting any corners.

  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    13y
    Originally posted by Raza Rizvi:
    The previous owner didnt have any docs or even a lease. I have now had the property for less than 9 months and out of this time. I have been trying to kick this particular tenant out for over 7 months. Does anyone know of any attorneys that specialize in lead paint?

    You need an attorney who specializes in Professional Tenants as it sounds like you have an aspiring duo on your hands.

  • Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
    13y

    My understanding is that lead takes years to do any harm. It's unlikely that a two year old would have any signs of lead after a short stay.

    I think the main things will be:

    Did you know of any lead paint? Just because a house was built in 1930 doesn't mean it has lead.

    If you know of lead paint, did you disclose it on the federal lead paint form?

    Did your tenant sign a lead paint disclosure?

    Did you give your tenant the federal pamphlet on lead paint?

  • Specialist · Portland, OR · Member since 2010 · 3k+ posts · 1k+ votes
    13y

    It is most likely a bluff so wouldn't spend lots on attorneys just yet. You have done what is required. Give it some time to blow over.

  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y
    Originally posted by Jeff S.:
    It is most likely a bluff so wouldn't spend lots on attorneys just yet. You have done what is required. Give it some time to blow over.

    He may not have done all that is required. Some states are more stringent.

    Everyone has to give the lead pamphlet and disclosure. But that doesn't mean you can have flaked paint everywhere and get away with it.

    If the paint is in good condition, I think the landlord should be ok.

  • Member since 2011 · 798 posts · 216 votes
    13y
    Originally posted by Mike Franco:
    Originally posted by Jeff S.:

    But that doesn't mean you can have flaked paint everywhere and get away with it.

    The OP said:

    "In addition I got the kid's room and the window ledges painted with lead encapsulant paint."

  • Member since 2011 · 798 posts · 216 votes
    13y
    Originally posted by Raza Rizvi:
    The previous owner didnt have any docs or even a lease. I have now had the property for less than 9 months and out of this time. I have been trying to kick this particular tenant out for over 7 months. Does anyone know of any attorneys that specialize in lead paint?

    They haven't paid in 7 months bad you're just now evicting them? Ouch.

  • Specialist · Boca Raton, FL · Member since 2011 · 113 posts · 39 votes
    13y

    Raza
    The tenants need to complete what is called an Order to Show Cause to claim issues associated with the property. To make the defense though they would need to deposit all back rent owed.

    Now you can do a couple of things (I am not a lawyer so consult your own) as a manager that I have done:

    1. Buy them out: Offer them money from their security deposit to move out and close up the issue and not pursue them for bad check law.

    2. Keep the eviction process going and advise them that your attorney will charge them civilly, and potential criminally for writing a fraudulent check is a major crime. In NJ, the bad check law falls under the following statue:

    N.J.S.A 2C:21-5. Bad checks Statute
    2C:21-5. A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section.

    The penalties associated with bad check is a follows:

    1. CIVIL- Face amount of the check, attorney fees, court costs, costs of mailing a demand for payment, and damages in an amount equal to $100.00 or triple the amount of the check, whichever is greater, but not to exceed $500.00.

    2. CRIMINAL- Upto $1,000 or 1 year in jail.

    Now your worry about lead paint. They would need to prove that the lead paint was peeling from the walls. You stated you have utilized an encapsulating paint and a signed disclosure as long you have proof of those items then you should be fine from a liability perspective in my opinion.

    Ankit

  • Rental Property Investor · New York, NY · Member since 2011 · 95 posts · 10 votes
    13y

    That is such great information. I have proof of both.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    13y

    I would definitely contact a lawyer asap. From what I've read, a child will have the right to sue you for lead paint poisoning up until they've reached age 21, although maybe that's just in some states. I'm not a lawyer, but reading that scared me. I would have a lawyer handle this situation for me and keep all documentation so in later years I'd have legal proof that I did all I could to insure it was a false accusation, not wait until the child sues you years down the road and then try to prove the mom was making it up to get out of eviction.

  • Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
    12y

    burn the house to the ground with the tenants in it. Win win

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