Legal Question in Real Estate Law in Massachusetts
tenants lead paint rights
we recently bought a two family income property. The house has not been inspected for lead paint, the house was built in 1900. can the tenants have a lead paint inspection done on their own? if lead paint is found, can the tenant withhold rent until the paint is abated? can we recover that rent after abatement? will we have to pay to put the tenant in other housing at our cost until after abatement? if lead paint is found, how long after do we have to abate and do any of the above questions apply during this period. need answer asap. thank you.
1 Answer from Attorneys
Re: tenants lead paint rights
Tenants can certainty have a lead paint inspection done without telling you. If lead paint is found and the tenants have a child under six years old, then it is possible for rent withholding. You may not be able to recover the rent after the apartment is fixed. You probably would have to pay for the tenants to live in a hotel until the work is done. It is your obligation to remove the lead paint. You are not permitted to discriminate against families with young children because lead paid is present.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
