Legal Question in Real Estate Law in Massachusetts
Lead Paint
I live in an apartment building that has lead pain. I have 2 children, 4 years old and 9 months old. We did not know the building had lead paint in it until after we moved in. My girlfriends mother was reviewing her lease before she moved out and noticed it said that her apartment has lead paint. I do not have a written lease with the landlord, I have a verbal lease. My girlfriend and her mother, on numerous occasions, have confronted the landlord about the lead paint and she refuses to delead the apartment. She says it'll cost her too much. She has rented this apartment before to people with children and is showing my girlfriend's mothers apartment to other prospective renters without telling them it has lead paint. What can we do? Is there anything we can do?
Thank you.
1 Answer from Attorneys
Re: Lead Paint
The landlord has an affirmative duty to de-lead your apartment. You should call the Board of Health in the city/town where the property is located and request a sanitary code inspection for your appartment and inform them that you believe there is lead paint in the unit. If lead paint is detected, the city/town will order the landlord to immediately de-lead or take other steps to correct the problem. You should ask your doctor to test your children for lead paint poisoning. You can find more information on the Mass Public Health website at www.state.ma.us/clppp/.