Tenant child tested positive for lead poisoning in our property

[Danielle Ratto]

Hello,

My tenant just let us know that her son (11 months) just tested positive for lead poisoning. We also live there and just had a baby 5 months ago and she advised us that we need to get our son tested ASAP (it is an owner occupied duplex).  They have been our tenants for 2 years and did not have a baby when they first moved in. The house was built in 1800's, but was renovated before we purchased it. Looking back at our purchase and sales agreements and documents, under lead it is checked off as unknown.  We did not test for lead as our realtor said that it was not something we needed to do. When we had them sign the lease we attached the "Protect your family from lead in your home" brochure, but they didn't sign anything saying that they acknowledge that the house was built prior to 1978 and may have lead. 

Could we be at risk for being sued? They are great tenants, but I would still like to know our legal risk. I am going to consult with a lawyer as well, but wanted to see if anyone has had any experience with this as well. 

[Leland Barrow]

It is probably best to consult a lawyer. I think you have to do due diligence. Use only professionals...document...document...resolve as quick as possible. As long as you did not know and you can show you are responsive you should be ok. If there is an issue go above and beyond. Offer to pay for a hotel room, water service, or whatever it is. Don't admit guilt just acknowledge that there is a situation that needs to be resolved. Most lawsuits occur because one party feels like the other party just doesn't care.