Landlords Need to Heed Illinois Lead Laws

 Posted on December 00, 0000 in Landlord-Tenant Dispute

Lead can have a devastating impact on the mental and physical development of children. Sadly, the state of Illinois has one of the highest rates of lead poisoning in the nation. In fact, Cook County alone had more than 4,500 children who tested positive for lead poisoning last year. Some of these cases may have been the result of a lack of disclosure. This is allegedly the situation for one landlord who is now facing litigation.

Illinois Landlord Faces Litigation

In May of 2015, news reporters covered a story about two young children who had suffered from lead poisoning. Investigations from the Illinois Attorney General revealed that the lead had allegedly come from their apartment home. Their landlord had reportedly failed to take appropriate action, as required by the Cook County Public Health Department. Because of that, the Attorney General is filing suit against the landlord. This could ultimately result in a temporary closure of the property and hefty fines for any failure to comply with the stipulations for reopening the property.

Understanding the Lead Laws in Illinois

Lead disclosure rules are in effect throughout the nation. They state that landlords must provide all tenants with an EPA-approved pamphlet on how to identify and control lead-based hazards. Further, landlords must notify their tenants of any known lead hazards, such as lead in the paint or painted surfaces throughout the property. There must also be a Lead Warning Statement in any lease agreements signed by the tenants. Failure to comply with any of these regulations can result in litigation against the landlord.

Possible Risk of Lawsuit for Damages

In addition to being at risk for litigation from the state or other government officials, landlords could be held liable by their tenants. They may face suit for medical expenses and any expenses related to a tenant's illness. Further, the tenant could potentially use the lack of disclosure of lead to break their contract, leaving the landlord with an unoccupied residence and a decreased income stream.

Protecting Your Property

Before purchasing a property, it is critical that you, as a landlord, practice your due diligence. Have all properties inspected for lead. If you currently own a property and fear it may be at risk for lead, learn how to mitigate your chances of negative action against you and/or your company with help from the experienced real estate lawyer.

At Lindell & Tessitore, P.C., we recognize the importance of protecting your property and income stream. Our Naperville real estate lawyers can assist you with the content of your lease agreement. We can also help you practice due diligence on potential purchases, and we can work to ensure you are in compliance with all state and federal regulations on any properties you currently own. Call us at 630-778-3818 to learn more.

Sources:

http://abc7chicago.com/news/illinois-attorney-general-sues-landlord-after-lead-found-in-building/1417778/

http://dig.abclocal.go.com/wls/documents/Patricia%20Groves%20Agreed%20Order%20for%20Immediate%20Preliminary%20Injunction%20entered%207-7-2016.pdf

https://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/disclosure