Legal Question in Real Estate Law in United States Minor Outlying Islands

lead paint

I own a 2 family house. i don't know if there is lead paint in the house. could i still rent it to a family if they sign a waiver stating there will be no legal actions taken?

Asked on 7/02/09, 2:11 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: lead paint

A waiver may not be sufficient as against a child. They can only waive the adult rights.

If you need assistance, contact me.

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Answered on 7/02/09, 2:13 pm

Christopher Vaughn-Martel Charles River Law Partners, LLC.

Re: lead paint

There is absolutely no waiver of the lead paint laws, or the state sanitary and other housing code laws, that I am aware of. Certainly a child cannot effectively waive his or her rights.

You should have the property tested and take whatever remedial action needs to be taken.

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Answered on 7/02/09, 2:39 pm

Re: lead paint

No. Get the unit inspected and if you need to either encapsulate the lead paint or remove it.

The Statute does not allow any such waiver to be binding.

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Answered on 7/02/09, 3:02 pm

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