Notice of Defect

Notice of Defect
Notice of Elevated Blood Level
What is a Qualified Offer?
What is Rent Escrow?
Lead Inspection Certificate (MD)

Notice of Defect Form

A Notice of Defect, also known as a Notice of Elevated Blood Lead Level, is a written notice that tells the landlord that there is chipping, flaking or peeling paint in the home that is in need of repair.  A Notice of Defect may also tell the landlord that a ‘Person at Risk’ (a child under the age of six or a pregnant woman) has a lead level of 10 µg/dL or above and that repairs need to be made in the home. 

The Notice of Defect must be sent by certified mail (be certain to retain a copy of the return receipt) and the property owner has 30 days to repair the listed defects.  It is illegal for a property owner to evict you or raise your rent for reporting problems and/or defects in your home or that a child has been poisoned by lead. A Landlord CAN evict a tenant if they fail to make timely rental payments.

For more information or assistance with filing a Notice of Defect, contact the Coalition at intake@leadsafe.org or 410-534-6447.

Who can send the Notice of Defect to a Landlord?

The Notice of Defect can be sent by anyone on behalf of the tenant including: the tenant, parents, grandparents, guardians, family members, friends, neighbors, health care providers, government agencies or even community groups, and community organizations.

What if my Landlord receives the Notice of Defect and does not make repairs?

Your Landlord must make the necessary repairs within 30 days after receiving the Notice of Defect.  If he does not, you may file a complaint with the Maryland Department of the Environment Lead Enforcement Division.  The Division will need a copy of your signed Notice of Defect and the certified mail receipt before they can take action. 

If your Landlord does not respond and make the repairs within 30 days you can also file a Complaint for Rent Escrow in the local District (Rent) Court, for a fee of approximately $5.00.  You do not need a lawyer.  Information about Rent Escrow is available in the Rent Escrow section.

The Maryland Department of the Environment Lead Enforcement Division can be reached at (410) 537-3825 or (800) 776-2706

HOW TO SEND A NOTICE BY CERTIFIED MAIL

The price for sending the Notice of Defect by Certified Mail, Return Receipt Requested (highly recommended), Postage, and Certified fee varies depending on the weight of the packages. The average cost is $5. Sending the Notice of Defect by certified mail may be the most important money you ever spend on a child and it will help you, the tenant, and the property owner document what needs to be done to correct current lead hazards in the property.

Directions For Sending A Certified mail Request
Step 1: Go to the Post Office with your completed Notice of Defect form. Make sure you have retained a copy for your records of the Notice of Defect form before mailing.

Step 2: At the Post Office, pick up the green Certified Mail card which has the words “SENDER” printed at the top and the white Receipt for Certified Mail which has the word “Certified Mail Receipt” at the top.

Step 3: Take the green Certified Mail Card and go to line No. 1 of the green card and print the address of your Landlord. (Use the address which appears on your lease, or the address where you send your rent payment each month)

Step 4: Go to line No. 2 on the green Certified Mail card and print the article number which appears at the top of the white Receipt for Certified Mail.

Step 5: Go to line No. 3 on the green Certified Mail card and check the boxes for “Certified Mail” and “Return Receipt.”

Step 6: Print your name and address, or the tenant’s name and address to the back of the green Certified Mail card.

Step 7: Print your name and address on the white Certified mail Receipt.

Step 8: Take the green Certified Mail card and attach it to the back for the envelope that you are mailing to the Landlord. Be sure to include your Notice of Defect and/or Notice of Elevated Blood Lead Level in the envelope. Take the envelope to the counter and pay for postage. Keep the stamped white Receipt for Certified Mail for your records after paying for the postage.