What are buy and hold landlords doing to protect themselves when it comes to dealing with erroneous lead paint cases
Make sure you houses are lead safe, with up to date lead registrations and certificates. Ideally make your properties lead free. Docment, document , cdocument, inspect and take pictures to show excellent maintenance.
Once you are sued, Get a good attorney.
What do you mean by "erroneous lead paint cases?"
House is registered with MDE and has had lead free certs. I said erroneous because I have received a summons along with seven other landlords and Baltimore housing.
Do you have "lead free" or "lead safe" , Lead free is the best one to be . You got a summons because you will turn it over to your insurance , your insurance will decide if it is cost effective to fight or pay a settlement . Lawyers know that the insurance providers will settle if it looks like there is a remote possibility of the tenant winning . A jury trial in Baltimore city in a civil case ............... rich landlord against poor tenant ..... who is going to win?
insurance doesn't cover lead paint, at least not any that isn't insanely expensive. My solution is to keep myself poor and liquid and certified. Lead free is the only way if you have assets. Too much liability.
Are the other landlords previous owners of this property? These lawyers will look up all the owners of a property and bring them all to court in hopes of getting money out of one of you.
While lead free is the best to be, if you've always been lead safe, you should be fine. Don't get scared and roll over. Just get all your paperwork out and ready to show.
Mr.Sherman would be correct in stating that my insurance doesn't cover lead. And lead free being the best form of protection, I have lead safe because at that time the I was told to have the xray done it would cost so much money and no one was giving prices to me. So i just paid the 300 had them come out and do swipes and get my papers. I get it done every turnover and register with Mde every year
Nicole , I don't plan on rolling over. Does anyone know of any good lead litigation lawyers?
And a rich landlord is something I'm not.
By the way , Thanks for the input guys, every since 2011 when the judge over turned that ruling, the ambulance chaser have been coming out of the wood works and i get mailings to my house from lawyers doing mass mailings asking me if i have resided in a residence where lead my have been present.
My father , whenever he buys a property, he guts it completely and has the xrays done so he doesn't have to deal with it .
Ideally you would have pictures & /or videos from regular inspections to show the excellent condition of the house. Presuming you don't already have that, and the house is in good condition take those pictures now.
I can't help you with an attorney but you might try contacting the Property owners association of Baltimore. Also Perhaps someone from Baltimore REIA can help. That group has a lot of landlords.
Insurance companies got hip to lead paint about 15 years ago and specifically removed it from their coverage. If you are getting sued, you are part of a lawsuit involving every owner or their estate dating back to the poisoning. If the tenant moved out long before you owned the property, your lawyer will communicate that to the plaintiff's attorney, and you will likely be released.
@Ned Carey and Account Closed , do you only buy houses that are certified lead-free? Do you have the X-ray'd as part of your due diligence?
My outcome was a total of $5300.00 out pocket. I had to give that concession or pay close to 25,000.00 in legal fees only to receive a favorable judgement. First, do not let allow their inspectors inside your property without your consent. Second , have LEADTEC -Susan Kleinhammer's team come out and perform an x-ray test on your property to find out if there is lead on the premises. If there are findings of said lead they will let you know where lead is present and you will need to abate it/ contain it. Once you do this your house will be registered as lead free. Then when you allow the Plantiffs attorney's inspectors to do their test it will be inconclusive. Thus, no basis for the complaint against you. Its really all about them trying to get insurance money that was set aside by older insurance companies. Newer insurance companies do not even have or cover lead in their policies. The lawyers are not really coming after you but in the event your insurance. Main thing , do not allow them in your propertyuntil you know what's going on with your property because a lot of these cases are baseless that's why they list so many defendants because they're hoping someone isn't diligent and they'll pay for it
Sorry for the late response been super busy and rarely have time to open emails
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