Legal Question in Landlord & Tenant Law in Massachusetts

I have a house that I am trying to rent, which when we bought it in 1999 testing showed that there is lead in the paint outside the house and window sills and caulking. Does this mean that I cannot rent without deleading?


Asked on 4/22/12, 8:48 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You really should go ahead and remediate the lead paint if you can afford it. If you choose to rent it, you will have to disclose what you know to the tenants. If you rent to pregnant women or rent to adults with children, you risk serious liability if they suffer any consequences of lead paint. In sort of a Catch-22, you cannot refuse to rent to pregnant women or adults with children, as that would be unlawful discrimination. You can find some helpful information and resources here: http://www.mass.gov/eohhs/gov/departments/dph/programs/clppp.html

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Answered on 4/23/12, 9:59 am


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