Is my landlord responsible?

Question

I signed a 2 year lease last August and in November if last year the landlord sold the house.  I was NOT provided with a lead disclosure by either landlord. Would my current landlord be liable since he obtained the property or would that responsibility fall on my old landlord? 

Answer 1

There is no question of liability until there are damages. While landlords are required, under the 1992 Title X legislation, to disclose to buyers or tenants lead in property built before 1978, you have no compensable damages for failure to comply with the law.

Answer 2

The lead disclosure is required when a house or building is sold. I don't believe many states have that requirement in renting. At any rate, the new owner assumes all responsibilities, if applicable, at the time of purchase.

Answer 3

The new landlord took on your lease and everything that entails. So it's the new landlord's issue.

Answer 4

What makes you think you are entitled to a disclosure?  That right belongs to the person who purchases the house, not a renter.

Source(s): Certified Paralegal, with 25+ years' experience.

Answer 5

Why is this relevant to you now all of a sudden?

Answer 6

Assuming an allwoed occupant of the house now has lbp, probably the current landlord. The former landlord could say you got the poisoning after he left and besides, the current one should've made sure this was all done correctly. Of course the new landlord could say you got the poisoning before he arrived but the burden of proof would be on him proving it. I am, however, just guessing, but I know if you came to the house with lbp already, the burden of proof is on the landlord to prove that you already had it, that the house is lbp free, or that he disclosed the problems correctly, so I assume the same is true if the landlord changed.

Answer 7

Liable for WHAT?    What damages have you suffered?

Answer 8

The property owner is responsible.  Ask them.

Answer 9

If it doesn't affect your lease, it makes no difference which is the landlord. Most sales of leased property pass the responsibility/liability for the lease to the new owners. The tenant should not be affected. The tenant does NOT need to be notified about the change of ownership, although it may be polite to inform the tenant of the change.

If there is a separate agreement with the landlord, outside of the lease, the old landlord may be responsible for fulfilling that agreement. But the new landlord is not part of the outside agreement.

Answer 10

Liable or responsible for what? I'm not sure what you are asking about. And what is a 'lead disclosure'? I've never heard the term.