Imagine that you or your property management company is suddenly hit with a civil lawsuit. The suit is filed under the Consumer Protection Act for violating the Environmental Protection Agency (EPA's) Lead-Based Renovation, Repair and Painting Rule.
A large amount of suits have been filed against landlords and contractors accusing them of being responsible for the effects of lead paint in the older properties they own. Disturbing lead within the building structures while work is being performed - typically lead paint on windows and doors - can result in significant liability on the part of the owner doing the repairs or the contractor through both bodily injury and clean-up exposures.
In other instances, if a subcontractor causes a pollution issue and does not have adequate environmental insurance coverage, the property owner may have to defend himself against claims relating to work for which they were responsible due to hiring of the subcontractor.
As of April 22, 2010, federal law now requires that renovation firms and individuals doing work on pre-1978 properties must be certified under EPA's Renovation, Repair and Painting Rule. This is why you need to know the facts about lead paint and how disturbing it poses serious health risks to the people in your building, especially children. You can visit the EAP website to learn about the dangers and how to hire a Lead-Safe Certified contractor, and how to make sure your own maintenance staff is doing the right thing.California Apartment Association affiliates also offer certification training.
Landlord/tenant law can be very complex, even in simple disputes of rent and contract law. Whether you are a landlord seeking eviction or you are a tenant looking to protect your rights in an eviction dispute, it is important to consult with an experienced landlord tenant attorney as soon as possible. At the Law Offices of James V. Sansone, of Santa Rosa, California, we take a strategic approach to best protect your rights and achieve solution in your favor in all aspect of landlord tenant law.