lead paint question (apartment, rental, tenants) - Massachusetts (MA) - City-Data Forum

29emerald · 10-30-2010, 12:34 PM

my tenant, who as grown children, is apparently letting a friend stay in the apt. (which does have lead present albeit under a thousand coats of latex paint, nothing painting or flaking). this friend has 3 young children (under 6). i don't know how long this will go on as i'm reluctant to inquire. it's been 3 weeks. my question is what is my liability if any of these children test positive for lead. i doubt strongly it would be from the apt (we raised our children there without incident) but even if it's from a toy they would check her living situation. thing is i didn't rent to her and have no legal dealing with her. should i keep my mouth shut about asking so as to reduce liability, or should i tell my tenant they need to go even if it's for the short term? long-term is no problem. i would tell the tenant she has to relocate.

NEOhioBound · 10-31-2010, 11:50 AM

Why are you letting your TENANT allow a friend and her 3 children stay in the apartment? Is this just for a visit? How would the kids show positive for lead if your tenant hasn't while living there? Why would you be ok with the tenant taking on additional people living in the apartment? Isn't there something in the lease against this?

cwaggy · 10-31-2010, 05:44 PM

If you do not have a business relationship aka a lease, with the tenant's visitor you have no liability for her presence on your property. In court if you were asked if you knew her you could say 'no' and not be lying. She is liable since you did not represent your property to her as being lead and she is not your tenant If you are worried tell your tenant in writing that anyone staying more than a week is trespassing without referencing anyone or incident in particular.

seeriously · 11-01-2010, 06:41 AM

Back in the 80s, a child's pediatrician did mandatory blood testing for elevated lead paint levels and if they were found to be high, then came right to the landlord. We were court ordered to delead an apartment as a landlord and it was an expensive endeavor. I'm sure things have relaxed somewhat since the 80s but still... if you know you have lead paint on the premises and you allow kids to stay there then I think you're liable. Personally, I think it's wrong that they come right to the landlord when the child could have been exposed to the lead at grandma's house, a friend's house, or anywhere else.

29emerald · 11-01-2010, 07:05 PM

i thought she had "guests" for the weekend, but that has turned into 2 weeks. may be her sister. talking to her tomorrow. just that once i acknowledge the kids, i feel i'm liable from that minute on. that's why i was trying to ignore it hoping they'd be gone shortly.

cwaggy · 11-01-2010, 07:30 PM

you are not legally obligated to a non-leasee

tacovine · 11-03-2010, 11:34 AM

You are obviously concerned about it so why would you let the children stay there?

LEADPAINTEPA · 11-27-2010, 04:24 PM

There are many laws with the new RRP Rule (from the EPA) that you must observe to keep yourself out of legal trouble. I also know that the state that you are in has even stronger laws that you must deal with. I would strongly suggest that you see what the laws are in Mass. because you could loose everything if it is necessary to disclose this information. There are special pamplets that have already been created by the EPA to cover this as well as strict guidelines that you must follow as far as informing tenants of a possible lead situation.

From your question I believe that you have aleady had your rental unit tested and know there is lead and because of this you must inform and give the proper documentation to your tennant and have them sign off so they are aware of the threat.

These laws should not be messed with because of the huge fines that go along with them.

I hope this helps!!