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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35377
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in OH and I have been given a notice to leave due to

Customer Question

I live in OH and I have been given a notice to leave due to behind on rent, I understand why and well am trying to comply. Now upon my investigation as to my rights, I stumbled upon a Lead Paint disclosure requirement then when I looked at my county auditor site for the year the house was built is was before the 1978 date on the HUD link I linked out to. Now I pulled the lease that was given to me and they landlord put the following clause -
Tenant has had a full and unimpeded opportunity to inspect the Property and all of the improvements thereon prior to the execution of this Lease, and to obtain all inspections and investigations thereof that Tenant deems necessary or appropriate relating thereto. Based solely upon those observations and investigations, and not on any oral or written representations regarding the Property from Landlord, Tenant has determined to proceed to lease the Property as provided herein, and may hereafter determine to proceed to purchase the property as provided herein. With respect to the lease of the Property and in the event that Tenant determines to exercise its option to purchase hereunder, the Property is being leased and/or sold in its AS IS/WHERE IS/WITH ALL DEFECTS condition. Tenant expressly waives any statutory or common law right to receive any disclosures regarding the Property, or the condition of the improvements thereon.
Can they do this? Can I avoid being liable to remainder of the lease because of this? How can they put something like that in if they legally have to give me pamphlet. I had no idea the year this house was built, my previous landlord gave me pamphlet so I just figured this house didn't fall into that arena. They hoaxed me!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Have you or your family suffered any damages from lead exposure that required medical treatment?

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thanks

Barrister

Customer: replied 1 year ago.
no
Expert:  Barrister replied 1 year ago.

Ok, then if you have suffered no damages, then you wouldn't be able to recover anything from the landlord or legally terminate the lease without repercussions. You could contact the Dept of HUD and file a formal complaint about not receiving the disclosure and they can fine the landlord $110 up to $10,000, but that money doesn't go to the tenant.

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The fact that he didn't provide the disclosure would make him liable for any injuries that were lead exposure related though..

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So it was a good idea to investigate this, but it wouldn't get you out of the lease..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
But what about the clause they put into a legally binding document that states I have no right to disclosure, how can the lease be legally binding when legally I was entitled to disclosure
Expert:  Barrister replied 1 year ago.

That clause would simply be unenforceable if you were somehow injured or suffered damages due to the landlord's failure to disclose. When clauses in a contract conflict with state or federal law, they are just thrown out and have no effect. But they don't make the entire contract void..

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thanks

Barrister