Can I Sue My Landlord for Lead Poisoning Paint in California? (2025)

Even small amounts of lead exposure can lead to serious medical issues in children and adults. Lead exposure can cause a number of problems, including developmental delays, kidney damage, and neurological disorders. One of the biggest causes of lead poisoning is the lead paint found in old houses. If this is the situation you’re in as a renter, you may be asking yourself, “Can I sue my landlord for lead poisoning paint in California?”

If you test positive for lead poisoning and you believe it’s due to lead paint on your rental property, you have a right to seek legal action against the party responsible. However, it’s important to understand California laws regarding lead paint on rental properties to know how to move forward with your premises liability case.

When Can You File a Case Against a Landlord for Lead Poisoning in California?

Under California law, landlords are not required to remove lead-based paint from their rental properties. While it’s not their responsibility to get rid of lead, they do have a legal obligation to tell prospective renters about any lead-related dangers and provide information on how to avoid lead poisoning under the Residential Lead-Based Paint Hazard Reduction Act of 1992.

It’s important to note that if a landlord does renovate a property that was built prior to 1978 (the year lead was banned in residential construction), they must work with contractors who are certified in lead paint removal.

If a landlord fails to tell you about a lead exposure risk or if they remodel their property without a lead paint removal-certified team, you may be eligible to file a claim against them. A California personal injury or premises liability lawyer can evaluate your case and guide you through the process.

How to File a Case Against a Landlord for Lead Poisoning in California

If you’re considering filing a case against your landlord, it’s important to do so within two years of discovering the lead poisoning. To have a solid case, it’s not enough to simply prove you have lead poisoning; you must be able to prove negligence and the failure to meet reasonable safety standards. Landlords are only liable for your lead poisoning if they failed to disclose known hazards to you.

The California Department of Public Health (CDPH) found that 99.3 percent of California zip codes are at risk for childhood lead exposure. It’s important to be vigilant when choosing rental properties, and it’s more important to understand your rights if you find yourself in this situation due to a landlord’s negligence.

More Information on Lead Paint in California

While lead is a natural mineral, it’s a heavy metal that can be harmful to people’s health even at low exposure levels. You can contract lead poisoning from a handful of different actions, such as being exposed to contaminated soil, drinking lead-contaminated water, or ingesting lead-contaminated paint chips or dust.

Although lead was banned for housing purposes in 1978, lead paint continues to pollute many homes in California and is actually the leading cause of childhood lead poisoning in the state. Because of the prominence of the issue, ten California cities and counties filed a case against lead paint manufacturers in the United States, arguing that these companies have a responsibility to clean up lead paint still present in California homes.

The court judgment found the companies liable for marketing lead paint as safe, especially because they knew it was toxic. After nearly 20 years, they reached a settlement in 2019. Lead paint manufacturers were required to pay $305 million to clean up any lead paint hazards. In this situation, the manufacturers were held liable, but this still begs the question: can renters pursue legal action against their landlords for lead poisoning in California?

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How Much Compensation Can I Receive for a Lead Poisoning Case in California?

The total settlement amount you can receive from a lead poisoning case is dependent on the details of your specific case. Factors that can impact how much you recover include things like medical expenses, property damages, and your loss of earnings or earning potential. The degree of negligence and the severity of the lead poisoning can also impact the amount you get.

How Do I Know if I Have Lead Poisoning?

The only way to detect lead poisoning is through a blood test. In many cases, children with lead poisoning don’t exhibit any symptoms. However, some symptoms in children include anemia, changes in behavior, cramps, fatigue, headaches, hyperactivity, and vomiting. Adults can exhibit similar symptoms, as well as issues like infertility and loss of sex drive.

How Long Do I Have to File a Case Against My Landlord for Lead Poisoning in California?

Under California law, you can typically file a claim against your landlord for lead poisoning within two years of discovering the problem. If the claim is being filed on behalf of a minor, you are able to wait until they come of age before filing the claim, allowing adults who suffered from lead poisoning as children to recover compensation for their medical costs.

What Type of Lawyer Can I Work With on a Lead Poisoning Case Against a California Landlord?

In California, you have a few options when it comes to legal representation for a lead poisoning case. There are different types of lawyers that can help you, including landlord-tenant lawyers, personal injury lawyers, premises liability lawyers, and toxic tort lawyers. It’s important to do your research to find an attorney who has experience with situations like yours.

Reach Out to a California Attorney to Discuss Your Case in More Detail Today

Cases of lead poisoning can be complicated to navigate, but you don’t have to do it on your own. There are different types of attorneys that can help you build your case, back it with solid evidence, and represent you throughout your case.

The team at Law Offices of Christian J. Amendt has experience handling all types of personal injury cases and premises liability cases, so we’re confident we can provide the legal counsel and representation you need. Contact our office to set up a consultation with our team today.