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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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I own a two family(rent half and live in other half in Chelmsford MA)
My tenants are a Divorced Mom and her 18 year old daughter. When I purchased the home and rented to them I declared that i did not know if lead paint was present or not. Rescently The mother told me that her daughter was expecting a baby boy in December. It is a small 2 bdrm, they plan to stay till spring see if daughter ok on own or will they all move to bigger place. My house is an old brick colonial 1701 but has all new vinyl replace windows and woodwork. What should I do next to protect my self and the new baby? Should I hire a lead paint inspector? |
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#2 |
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Did you give the Lead Paint pamphlet and the Lead Paint notice to the tenants at lease signing (federally required)? This is federal law that this pamphlet be given and the notice be signed by both tenant and LL. The notice states that you have no knowledge or reports of lead paint in the unit. It states that the received the required pamphlet (which tells them about lead paint in any house.) If you did not do this previously, do it now.
Lead was in all paints before 1978. Any house built or painted before that period had lead paint in it somewhere. The key to reducing possible lead poisoning is to be sure that all old paint in the house is intact. It cannot be flaking or oxidizing (becoming dust). Encapsulation by re-painting over old paint keeps it intact and covered so that lead cannot be released. If the paint in that unit is flaking, special precautions need to be taken to remove the flaking paint prior to encapsulation. If it is oxiding, the paint needs to be washed to remove loose paint dust prior to encapsulating. If you have regularly painted the unit and kept it in good repair, you should have little worry about lead paint. You may want to inspect to be sure there is no peeling paint anywhere on the house. There may also be lead in water and sewer lines (frequently soldiered with lead in years past). Check your state laws on lead requirements in addition to the above notice and pamphlet. |
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#3 |
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Your house MUST be in Full Compliance with the MA lead paint laws or placed under Interim Control by the time the baby comes home. Those are your only two options. An immaculate pristine house does nothing to protect you against a lawsuit.
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