Lead Paint Question (Boston: apartment, renter, month-to-month)

[yaeger07]

I am unsure if my apartment has lead paint, but it's old so I'm guessing it does somewhere under the coats of paint. I have a month-to-month lease. I love my apartment.

If I have a baby, can my landlord choose to execute his right under the month-to-month lease and end our lease without breaking the law? I'm guessing he can.

I am not interested in forcing him to delead. I just want to know if he can make us move because we have a month-to-month lease.

We were not notified of any known lead-based hazards, so if there is lead the LL isn't "officially" aware of it.

If I'm reading the law correctly (from this page What Does the Massachusetts Lead Law Require?) it only applies to flaking paint, which we don't have, and lead paint on windowsills, which we might have.

I know I can call the Lead Poisoning Prevention Program, which I'll do if people here don't have the answers.

[dpm1]

Can he legally? No. Is he likely to? Yes (well I guess that depends on him). MA law is terrible around lead, the massive liability land lords face greatly incentivizes them terminating the relationship when something like this comes up.

If your baseboard is not flaking and your window frame is not lead based I would not worry.

[sal1181]

usually landlords are suppose to give tenants the Tenant Lead Law Notification. It pretty much states if the landlord is aware of any lead paint. Majority of the time they check off Unknown unless they have a delead certificate. Both landlord and tenant sign this sheet. Since you have a month to month lease all he needs to give you is a 30 day notice to vacate and vice versa.

[sal1181]

If he tells you I need you to vacate because you are pregnant and there is lead paint in the apartment then that's a problem. They are not suppose to say that.

[yaeger07]

Thanks for the help. We got a pamphlet on lead paint and there's a reference in the lease to the requirement that we be notified of any known hazards. We weren't notified of any known hazards.

Last question: So even if he doesn't know of any hazards he's still liable, correct?

But it makes sense that since our lease is month-to-month he doesn't need a reason to terminate it. We're at least 18 months out from this potentially being a problem so I have some time to figure things out.

[dpm1]

Originally Posted by yaeger07

Thanks for the help. We got a pamphlet on lead paint and there's a reference in the lease to the requirement that we be notified of any known hazards. We weren't notified of any known hazards.

Last question: So even if he doesn't know of any hazards he's still liable, correct?

But it makes sense that since our lease is month-to-month he doesn't need a reason to terminate it. We're at least 18 months out from this potentially being a problem so I have some time to figure things out.

yes, he is still liable. State law has supremacy over any clause in the lease WRT lead. That said dont be a d*** to your landlord around this. This is a issue as a result of bad law. ( I am a renter not a landlord)

[yaeger07]

I have no plans to do that. Like I said, I'm not interested in forcing him to de-lead, or test, or anything. We're not going to stay there, or in Boston, forever. We don't want to move again within the city before we leave but we do want to have a child before we leave.

It's a good thing I'm not posting this in a mommy forum. I'm sure I'd get lots of hate for not being incredibly worried about lead...

[kingeorge]

Most often LL is happy to have long-term tenants especially if they are hassle free. If you are cool, LL will be cool too. Unfortunately lead laws in MA are often forcing people into situation of "don't ask, don't tell". Not good for tenants with kids, or LL.

This all being said if there is flaking paint or unsafe conditions, you could ask LL to do repairs yourself, or might need to move into higher quality apartment after all.

Inspect, and make sure you live in the place where windows and doors are newer, or unpainted (if they are old and painted, invisible dust with possible lead particles, might fly around every time you open the door or window, because of the friction; lead dust is bigger issue than flaking paint on the wall, which is easier to deal with), doors, baseboards, and windowsills should not be chipping.

Make sure you wash floors and dust regularly. Invest in good doormat, use it, and take your shoes off when inside. HD sells paint that helps cover lead, expensive can, but not bad to know about it, if need be. There is also a solution/spray to help clean lead dust as well.

Most old homes will have some lead, but with good hygiene and regular paint maintenance, possible exposure can be significantly reduced and mitigated.

Good luck.

[Dm84]

Originally Posted by dpm1

Can he legally? No. Is he likely to? Yes (well I guess that depends on him). MA law is terrible around lead, the massive liability land lords face greatly incentivizes them terminating the relationship when something like this comes up.

If your baseboard is not flaking and your window frame is not lead based I would not worry.

The liability for a landlord terminating his tenancy due to family status is pretty bad too.

[Dm84]

Originally Posted by yaeger07

Thanks for the help. We got a pamphlet on lead paint and there's a reference in the lease to the requirement that we be notified of any known hazards. We weren't notified of any known hazards.

Last question: So even if he doesn't know of any hazards he's still liable, correct?

But it makes sense that since our lease is month-to-month he doesn't need a reason to terminate it. We're at least 18 months out from this potentially being a problem so I have some time to figure things out.

If you tell him that you're pregnant and he suddenly decides to terminate your lease he opens himself up to a lawsuit.