Recent Pregnancy and Lead (by Shawn [MA]) Dec 9, 2011 4:59 PM
Recent Pregnancy and Lead (by NE [PA]) Dec 9, 2011 5:13 PM
Recent Pregnancy and Lead (by Ken [NY]) Dec 9, 2011 5:16 PM
Recent Pregnancy and Lead (by NE [PA]) Dec 9, 2011 5:17 PM
Recent Pregnancy and Lead (by RR [WA]) Dec 9, 2011 5:21 PM
Recent Pregnancy and Lead (by BRAD 20,000 [IN]) Dec 9, 2011 5:26 PM
Recent Pregnancy and Lead (by shawn [MA]) Dec 9, 2011 5:47 PM
Recent Pregnancy and Lead (by shawn [MA]) Dec 9, 2011 6:26 PM
Recent Pregnancy and Lead (by RR [WA]) Dec 9, 2011 6:34 PM
Recent Pregnancy and Lead (by Virden [OH]) Dec 9, 2011 6:50 PM
Recent Pregnancy and Lead (by ctlandlord [CT]) Dec 9, 2011 9:23 PM
Recent Pregnancy and Lead (by Steve [MA]) Dec 10, 2011 5:16 AM
Recent Pregnancy and Lead (by Dan [MA]) Dec 10, 2011 5:18 AM
Recent Pregnancy and Lead (by Dan [MA]) Dec 10, 2011 5:19 AM
Recent Pregnancy and Lead (by RentsDue [MA]) Dec 12, 2011 12:01 PM
Recent Pregnancy and Lead (by Shawn [MA]) Posted on: Dec 9, 2011 4:59 PM Message:
State Specific Question About: MASSACHUSETTS (MA)
My tenant is on a 30 day TAW. The apartment has never been teste for lead but it was built in 1930. My tenant recently told me that she is 5 months pregnant. How do I handle this situation? She is planning on staying once the baby is born.
She is a great person and responsible tenant that is extremely reliable for payments and a pleasure to have as a neighbor, I do not want to kick her to the street while she is pregnant but I do not want to open myself up to future problems. I gave her a copy of the lead pamplet when she initially rented the apartment as an addendum to the contract.....help! --76.19.xxx.xxx |
Recent Pregnancy and Lead (by NE [PA]) Posted on: Dec 9, 2011 5:13 PM Message:
Whoa Shawn, calm down bud. You're fine! You covered your butt with the pamphlet and lease addendum. Wish her well with her pregnancy, drop off some diapers for the little bugger once it is born.
DO NOT SPEAK THE WORD "LEAD" IN HER PRESENCE EVER AGAIN!!!
Defer AL NON-EMERGENCY maintenance until she moves out! Once she is out, remodel according to rrp guidelines or don't. Re-rent and pass out more lead pamphlet "kindling" to the next tenant.
One more word about the pamhplet. I ALWAYS downplay it during lease signing. I say, I am required to give you this pamphlet as per Federal Law. You, however, can use if to start your campfire next time you go camping. It usually gets a laugh out of the tenant and we move onto the next topic A.S.A.P.
Hope this helps. --64.111.xxx.xxx |
Recent Pregnancy and Lead (by Ken [NY]) Posted on: Dec 9, 2011 5:16 PM Message:
I wouldn't do anything,if you say anything it will show you are being discriminitory in your thinking and actions.Lawyers only want insurance money when they sue for lead anyway so unless you have piles of cash you don't have anything to worry about. --67.252.xx.xx |
Recent Pregnancy and Lead (by NE [PA]) Posted on: Dec 9, 2011 5:17 PM Message:
One more thing. If you are really worried about this, you could keep her on a month to month lease after her 1st year is up. That way, if you feel things are getting a little shaky, you can get her out with a quick notice and a tip of your hat. --64.111.xxx.xxx |
Recent Pregnancy and Lead (by RR [WA]) Posted on: Dec 9, 2011 5:21 PM Message:
we don't have to de-lead here in WA, but not sure about MA... I believe it's required if children are living there, so you may need to give her the heave-ho, or else get it tested and abated --24.18.xxx.xxx |
Recent Pregnancy and Lead (by BRAD 20,000 [IN]) Posted on: Dec 9, 2011 5:26 PM Message:
Shawn, MA has unusually strict lead laws. You need expert advice from MA LLs.
TAW?
Thanks for helping Barney retire! The rest of us appreciate it!
One guy from one small district in one small state did TONS of damage to MY income!
--50.129.xxx.xxx |
Recent Pregnancy and Lead (by shawn [MA]) Posted on: Dec 9, 2011 5:47 PM Message:
Thanks for the advice guys. I'd like to know legally what is supposed to happen now that she is pregnant. Any Ma LL out there? --65.196.xx.x |
Recent Pregnancy and Lead (by shawn [MA]) Posted on: Dec 9, 2011 6:26 PM Message:
Thanks for the advice guys.
I'd like to know legally what is supposed to happen now that she is pregnant. Any Ma LL out there? --65.196.xx.x |
Recent Pregnancy and Lead (by RR [WA]) Posted on: Dec 9, 2011 6:34 PM Message:
some MA guys will chime in soon, be patient and check back tomorror
--24.18.xxx.xxx |
Recent Pregnancy and Lead (by Virden [OH]) Posted on: Dec 9, 2011 6:50 PM Message:
Shawn common sense tells us that if there is any chipped, cracking or peeling paint someone needs to make repairs quickly to prevent further decay, if a child sees these chips hand to mouth action is not slowed down, many good landlords kept well cared for places for years, then this albatross nicknamed the EPA came along and created a nightmare of regulations to building and homeowners, however government operations and private homes are exempt so guess who this effects the most? --76.241.xxx.xxx |
Recent Pregnancy and Lead (by ctlandlord [CT]) Posted on: Dec 9, 2011 9:23 PM Message:
I have one old house--- the insides have been painted with the special paint. window sills have vinyl cover and out side has been resided all done in 2005, so for me I dont think I have to worry so much. If your house has not had any of this done, why not test for lead with a self test kit when she is not looking? Or just do the stuff that gives you the most impact? for me it was the window sills that were terrrible condition , I never tested for lead but the old windows were just rotted and it was the only way to go . --99.20.xx.xxx |
Recent Pregnancy and Lead (by Steve [MA]) Posted on: Dec 10, 2011 5:16 AM Message:
Shawn, in Massachusetts aka "The People's Republic of Massachusetts", any unit which has a child under 6 years old must be tested, made to comply with the MA lead laws and have the proper documentations. This applies to the unit the kid lives in, any common areas, all exteriors and can include units that the kid visits such as grandparents, baby sitter etc. However if it's kid in an owner occupied SFD none of this applies unless the kid test positive for lead poisoning.
IMO this whole lead thing is a bunch of BS. I am sure there are some legitimate issues with lead poisoning however I strongly believe that the bulk of the problems are caused by poor parenting skills and people wanting someone else to take responsibility for all the problems in their life.
As I see it you have several choices;
1. Serve 30 days notice B/4 the baby arrives. If you go this route DO NOT say the real reason why you are terminating their tenancy. You just have other plans for the unit.
2. Place them in another unit while their unit and all common areas are brought into compliance with the MA state version of the EPA's RRP regulations. Be prepared to spend a lot of money.
3. Do nothing & hope that they move out before this becomes an issue.
I guess it all boils down to what Client Eastwood said as Dirty Harry "You've got to ask yourself one question: Do you feel lucky?, Well, do ya punk?." --151.203.xxx.xx |
Recent Pregnancy and Lead (by Dan [MA]) Posted on: Dec 10, 2011 5:18 AM Message:
The advice above is wrong and doesn't apply in MA. When the baby is born, she/you will be in violation of the law. Technically, you will be required to put her up in a hotel and delead the apartment and secure paperwork saying it passes all tests. It doesn't matter what the tenant might agree to, this is what is required.
Now you can't terminate her tenancy because she is pregnant - that is illegal. Because she is TAW, you can terminate for no cause and be very careful that you never state a cause.
I've had some tenants claim discrimination and tell me they would fight me in court and in those cases, I put it to them very plain. I tell them that the law requires them to move out while I bring the apt into compliance. I tell them that by law, I will be securing them a tiny motel room and it may take a month or more to brings things into compliance. Then I tell them that once I spend all that money to delead the place, I will be forced to raise the rent. Then I tell them to go ahead and stay if they want. None of them has ever stayed after that talk. --76.19.xx.xx |
Recent Pregnancy and Lead (by Dan [MA]) Posted on: Dec 10, 2011 5:19 AM Message:
I was typing at the same time as Steve. So I was NOT referring to his advice. I agree with him. --76.19.xx.xx |
Recent Pregnancy and Lead (by RentsDue [MA]) Posted on: Dec 12, 2011 12:01 PM Message:
Steve and Dan are 100% correct. MA is different than many states when it comes to lead. This can get real inconvenient and expensive for you...real quick. If you terminate her tenancy because she is pregnant, it will probably be even more expensive. I believe it is acceptable to terminate tenancy to renovate property. During the renovation of this property (that has not been tested), you may coincidentally replace potential lead hazards because they needed to be replaced-not because you thought they contained lead. Since apartment has not been tested- this is not considered deleading...it is renovating. --71.89.x.xx |
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