Legal Question in Landlord & Tenant Law in Massachusetts
landlord liability
Woman with 4 yr old child begging to rent apartment that contains lead. She wants to sign and have notorized document stating she is aware of lead and releasing me of any and all obligations if child is affected. Is this legal and would it release me of all liability if child was affected? Property in New Bedford, Ma.
3 Answers from Attorneys
Re: landlord liability
No it would not relieve you of liability. The law would require you to remove the lead or encapsulate it. There is no exception for children under 6 years of age. The mother cannot waive her child's rights. If the child suffers brain damage or other conditions as a result of lead poisioning the child could sue you when he or she turns 18 years of age, even if the mother legally waived her rights.
AS a practical matter, when and if you go to sell the building it will have to be deleaded. While it may be expedient now not to have the place deleaded, if I were you I would have it done.
Good Luck.
Re: landlord liability
No. Don't do it.
Re: landlord liability
No. Don't do it.
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