Legal Question in Real Estate Law in Massachusetts

Lead Paint

Prior to moving into our apt. 5 years ago the landlord, with whom we have a good relationship told us the apt. was not deleaded; therefore, we couldn't have children. We are tenants at will and did not sign and disclosures regarding lead paint. At the time it was fine because we weren't planning nor did we want to have a child in an apt. Six months ago, I became pregnant and it was unplanned. I told my landlord a month ago about our situation and that I needed to know how much time I had before I had to move out. I understand legally I don't have to but I wasn't trying to cause him problems either. I thought that I had until the baby was a toddler to find a new place. My landlord told me that for liability reasons he could not allow me to bring the baby into the apt. at all. He told me legally he couldn't kick me out and that he would have to put me up in a motel which I don't want to go to a motel. So what are my rights in Massachusetts? Thank you,--


Asked on 3/27/01, 6:38 pm

1 Answer from Attorneys

Robert Trant Law Office of Robert R. Trant

Re: Lead Paint

It is the landlord's responsibility to de-lead the apartment if a child under 6 will be residing in the unit. The landlord cannot legally refuse to rent or evict a tenant with children. The landlord must find you temporary housing while the unit is de-leaded. Lead paint can cause very serious injury to children. You should have the unit inspected by the Board of Health to determine if lead paint is present. You may be able to withhold rent until the unit is de-leaded.

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Answered on 5/31/01, 3:09 pm


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