What will happen if a tenant discovers lead paint in their rental but the landlord had no knowledgeof it?

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What will happen if a tenant discovers lead paint in their rental but the landlord had no knowledgeof it?

Can the tenants sue the landlord on this matter?

Asked on August 4, 2011 Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 10 years ago | Contributor

Well, putting aside the liability (responsibility) issue, to successfully recover, the tenant would have to show they were injured somehow. Now that injury could be that the premises are uninhabitable due to the condition or that they have experienced some health effects from the toxins.  So generally speaking, there must be some type of damage. However I believe that, given the toxicity of lead paint and problems in the past, there are specific provisions covering lead paint--whether in the Sanitary Code or otherwise.  So it's tough to really assess whether the tenants would bring suit without further information, but you would generally need to show damage in order to be successful in a civil suit.  


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