Toledo lead safe notice of violation

Toledo lead safe notice of violation

Member since 2020 · 9 posts · 3 votes

Hey everyone,

I acquired a duplex in Toledo in September that is in 43612, so it was supposed to have a Toledo lead safe certificate by the start of 2026. I am out of state and have a full service property management company that notified me that they would be doing lead testing in October to comply with the December 31st deadline, so I assumed everything would be ok. The property failed visual inspection due to some peeling paint on the exterior of the property, and by the time I found out it was too cold to repaint. I got a letter of notice of the violation, and have 30 days to obtain a lead safe certificate before it gets sent to municipal courts. Since I can't remedy the paint due to weather, what should I be doing? Should I talk to a lawyer? I am concerned about the possibility of misdemeanor charges.

Thanks,

Luke

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Property Manager · Toledo, OH · Member since 2021 · 58 posts · 92 votes
7mo
Quote from @Luke Milbocker:

Hey everyone,

I acquired a duplex in Toledo in September that is in 43612, so it was supposed to have a Toledo lead safe certificate by the start of 2026. I am out of state and have a full service property management company that notified me that they would be doing lead testing in October to comply with the December 31st deadline, so I assumed everything would be ok. The property failed visual inspection due to some peeling paint on the exterior of the property, and by the time I found out it was too cold to repaint. I got a letter of notice of the violation, and have 30 days to obtain a lead safe certificate before it gets sent to municipal courts. Since I can't remedy the paint due to weather, what should I be doing? Should I talk to a lawyer? I am concerned about the possibility of misdemeanor charges.

Thanks,

Luke


Those letters are definitely written to sound scary! I’ve received some of the same notices on a few properties where the weather didn’t cooperate with exterior paint timing on mine either.

The good news is the temperatures are finally turning and we’re getting some dry days. Your property is currently scheduled for exterior paint work on Tuesday, and the retesting is planned for Thursday.

We’ve also been in close communication with the Toledo Lead Safe office throughout this process. From our conversations with them, their main focus is on properties where owners have ignored the program entirely. When owners are actively working to resolve issues and have remediation scheduled, quotes approved, etc that’s generally viewed very differently. So they say!

If anyone goes to jail over peeling paint, I’ll personally come bail you out. 😅

All jokes aside, Having the work scheduled and documented shows you’re actively correcting the issue. There is a LOT happening behind the scenes on our end, ensuring everybody stays complaint and these certificates are handled as efficient as possible. 

Since this is a public forum, I’ll keep the details light here, but feel free to reach out to me directly if you want to go over anything further.

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  • Property Manager · Toledo, OH · Member since 2021 · 58 posts · 92 votes
    7mo
    Quote from @Luke Milbocker:

    Hey everyone,

    I acquired a duplex in Toledo in September that is in 43612, so it was supposed to have a Toledo lead safe certificate by the start of 2026. I am out of state and have a full service property management company that notified me that they would be doing lead testing in October to comply with the December 31st deadline, so I assumed everything would be ok. The property failed visual inspection due to some peeling paint on the exterior of the property, and by the time I found out it was too cold to repaint. I got a letter of notice of the violation, and have 30 days to obtain a lead safe certificate before it gets sent to municipal courts. Since I can't remedy the paint due to weather, what should I be doing? Should I talk to a lawyer? I am concerned about the possibility of misdemeanor charges.

    Thanks,

    Luke


    Those letters are definitely written to sound scary! I’ve received some of the same notices on a few properties where the weather didn’t cooperate with exterior paint timing on mine either.

    The good news is the temperatures are finally turning and we’re getting some dry days. Your property is currently scheduled for exterior paint work on Tuesday, and the retesting is planned for Thursday.

    We’ve also been in close communication with the Toledo Lead Safe office throughout this process. From our conversations with them, their main focus is on properties where owners have ignored the program entirely. When owners are actively working to resolve issues and have remediation scheduled, quotes approved, etc that’s generally viewed very differently. So they say!

    If anyone goes to jail over peeling paint, I’ll personally come bail you out. 😅

    All jokes aside, Having the work scheduled and documented shows you’re actively correcting the issue. There is a LOT happening behind the scenes on our end, ensuring everybody stays complaint and these certificates are handled as efficient as possible. 

    Since this is a public forum, I’ll keep the details light here, but feel free to reach out to me directly if you want to go over anything further.

  • Jimmy LieuBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2019 · 3k+ posts · 2k+ votes
    7mo
    Quote from @Luke Milbocker:

    Hey everyone,

    I acquired a duplex in Toledo in September that is in 43612, so it was supposed to have a Toledo lead safe certificate by the start of 2026. I am out of state and have a full service property management company that notified me that they would be doing lead testing in October to comply with the December 31st deadline, so I assumed everything would be ok. The property failed visual inspection due to some peeling paint on the exterior of the property, and by the time I found out it was too cold to repaint. I got a letter of notice of the violation, and have 30 days to obtain a lead safe certificate before it gets sent to municipal courts. Since I can't remedy the paint due to weather, what should I be doing? Should I talk to a lawyer? I am concerned about the possibility of misdemeanor charges.

    Thanks,

    Luke

    Hey Luke, welcome to BiggerPockets! In a situation like this, it’s important to act quickly and document everything. Since it’s a seasonal/weather issue that prevents you from fixing the paint right away, the first step is to contact your local building or health department and explain the situation, showing that you have a property management company ready to remedy the issue as soon as conditions allow. Ask if they offer any temporary compliance extensions or alternative remedies—many municipalities understand winter restrictions and will work with owners if you’re proactive. It’s also smart to consult a local attorney familiar with landlord and housing regulations just to understand your exposure and make sure you handle correspondence correctly, but in most cases misdemeanor charges are unlikely if you can show good-faith efforts and a plan to comply. Meanwhile, keep thorough records of your communications and any plans to remedy the paint when weather allows, so you have documentation showing you’re taking the issue seriously and not ignoring the law.
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    7mo
    Quote from @Luke Milbocker:

    Hey everyone,

    I acquired a duplex in Toledo in September that is in 43612, so it was supposed to have a Toledo lead safe certificate by the start of 2026. I am out of state and have a full service property management company that notified me that they would be doing lead testing in October to comply with the December 31st deadline, so I assumed everything would be ok. The property failed visual inspection due to some peeling paint on the exterior of the property, and by the time I found out it was too cold to repaint. I got a letter of notice of the violation, and have 30 days to obtain a lead safe certificate before it gets sent to municipal courts. Since I can't remedy the paint due to weather, what should I be doing? Should I talk to a lawyer? I am concerned about the possibility of misdemeanor charges.

    Thanks,

    Luke


     Your PMC should have been working on an extension letter.

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