Legal Question in Landlord & Tenant Law in Massachusetts

lead paint liability

The lead law prohibits renting a unit with lead issues to tenants with children under 6 -- is there liability if a tenant becomes pregnant?


Asked on 10/10/07, 2:34 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: lead paint liability

If you are planning on renting your apartment and the building was constructed around or prior to 1978, you should have the house tested immediately.

Landlords are strictly liable - meaning they can be found responsible even if they did not know there was lead in the house.

A pregnant woman will not remain pregnant forever, and lead paint can cause damage to the fetus even before it is born.

You should also know it is illegal in Massachusetts to discriminate against pregnant would-be tenants or would-be tenants with small children.

If you would like to speak to an attorney, please feel free to contact me.

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Answered on 10/10/07, 5:02 pm


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