We had a new law go into effect on October 1, 2008 that allows a tenant to terminate a lease when a property owner has not complied with Maryland’s Lead Poisoning Prevention Program (LPPP). The legislation also sets forth a procedure for terminating the underlying lease when a landlord cannot show a tenant that the landlord has complied with risk reduction standards under the LPPP. The bill allows a tenant to recover reasonable attorney fees and $2,500 in moving expenses.

Landlords, get your registrations up to date! The deadline is 12/31/08. For a recap on requirements, read on.

Starting in 1996, Maryland rental properties built before 1950 have to be registered with the Maryland Department of the Environment (MDE) and in compliance with lead risk reduction or lead free standard. Lots of landlords are either unaware of these requirements or just don't worry about it. Be beware - it can cost you!

All rental properties built prior to 1950 MUST be in compliance or owners may face fines of $250 per day. Properties built between 1950 and 1978 may opt in or opt out of the program. Visit MDE's website for more information.

In addition to having conducted lead hazard risk reduction treatments, pre-1950 rental property owners must annually register their unit(s) with MDE, perform risk reduction work each time there is a change in tenants and provide tenants with information on the lead status of their unit. For more information on Maryland's Lead Poisoning Prevention Program, call the Lead Poisoning Prevention Program at (410)537-3942.

(C) 2006-2008 Susan Pruden.