Lead paint questions

[littleMike]

What is the name of your state (only U.S. law)? MA

I bought a house, which is over 50 year old, so lead paint is possible. I used quick lead test kits from HomeDepot to check trim, wall, floor, window etc, found no lead. My test is not 100% accurate, so I can't tell for sure there is no lead, but at least lead is not significant in this house if there is one somewhere. I claim my house lead paint as "unknown".
Now I have a family that is interested to rent my house. They have kids 9 and 12 year old. I have a few question:
1) if I hire a lead paint inspector, if there is a lead found, does he/she have to report to authority?
2) if there is a lead found, do I have to tell my tenants? Do I have to delead the house?
3) is it legal to ask tenants to take their own risk of potential lead paint in contract?

Thanks.

 

[FarmerJ]

If you really want to know before any tenant comes in re test with a professional who does lead test. Your lead paint disclosure to them can say unknown but if you have a better test done and the test result shows there to be no problem then your free to give to tenants who sign a lease a copy. I do remember a former tenant of mine who went to a rent else where telling me that she had to give the new LL a copy of a blood test for lead for her son because they had already gone thru the hassle of having tenants with a child who tested and had a high level of lead in blood. The idea was that they wanted to know before entering a lease so later on a tenant couldnt claim it was the unit they rented from them since they had already gone through this. I do understand the logic in wanting to know if a tenants child has been exposed to lead before moving in.

 

[quincy]

This is a duplicate thread - see littleMike's thread in the Buying and Selling Real Estate section of the forum.

A link to information on Massachusetts "Lead Law" and access to a pdf file of the law:

http://www.mass.gov/eohhs/gov/depar...vironmental-health/exposure-topics/lead/lead/