Legal Question in Real Estate Law in Massachusetts

Re: Lead paint

I'm a little surprised you're asking this ... a

city or housing inspector was called in for an

inspection, right, and then "orders" were issued

and sent to you probably by certified mail that you

signed for, and ordered you to delead, right? Didn't

that document explain that criminal charges will be

brought against you if you don't do it? Did you read

that? Now might be the time. Until you do, you're

not even going to be able to evict them,

even if they're not paying you

rent!

If you try to evict because you don't want a child

there, you'll have troubles with MCAD (discrimination

charges!).

But the worst thing that could happen to you is

that the child gets too much lead into his system.

If he's tested and comes up with a 10 instead of

2 or under, the tort damages can start at $100,000

and go up from there. Don't just hope, get the

problem solved. There are several ways to get the

job done, some not as expensive as others, e.g., you

can essentially just cover over / seal with a special

paint. Also there are some government assistance

programs for you if the money's going to be a problem.

I suggest you get a local lawyer now to guide you through

this. I can help you. I can also recommend A. Joseph

Ross in downtown Boston, tel. 367-0468, and I know a few

other experts in various cities throughout Mass. What

city are you in?

Re: Lead paint

You have absolutely no options in this situation. You are required by law to de-lead the apartment. Until you do, you will neither be able to force the tenant to pay the rent nor evict her for non-payment. Also, you can not evict the tenant either because of the baby or in retaliation for the tenant forcing you to delead. Finally, if the baby develops lead paint poisoning, you will be strictly liable for damages.

On the bright side, Massachusetts has several programs and tax credits designed to help you afford the deleading process. See the Childhood Lead Paint Prevention Program Web site at http://www.magnet.state.ma.us/dph/clppp/.

Also, once you have deleaded the apartment, you might be able to take the tenant to court to obtain partial payment of the back rent - try negotiating with the tenant first and make sure you use an attorney.

-Warren Agin