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  1. #1
    Join Date
    Dec 2005
    Location
    BOSTON
    Posts
    2

    Default Lead paint (massachusetts)

    I moved into an apartment a few months ago with 2 kids under 6. The apartment had lead paint in it, so the landlord deleaded. I didn't see the Letter of Compliance or Letter of Interim Control that the licensed deleader is supposed to give the owner. (I didn't know about this certificate being necessary until today) I think he used a company not registered with the government/lead prevention program for my city. (Which apparently you must in order for it to be properly done by law, and to get the certificate)
    So to my point, my son was found to have some lead, it is mild, he is ok, but still has lead poisoning by definition.
    I have obviously moved out (the owner allowed us to break our lease) but he will not refund the security deposit or last month's rent. I understand he has a mortgage and what not, but I felt this was an emergency situation, and don't feel it's fair not to get it back.
    I have decided to persue suing him over my child's lead poisoning. I wasn't going to do this if he gave back the money, but he won't.
    Does anyone know what steps I can take? I have never sued anyone before.
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Lead Paint Suit

    Take a look at this statute (particularly subsection e) on compliance with the lead paint law and the Massachusetts consumer protection statutes. If you're thinking about small claims court, various resources are listed here.

  3. #3
    Join Date
    Dec 2005
    Location
    BOSTON
    Posts
    2

    Default

    thanks for your response. Do you beleive I have a case assuming there is no lead certificate and I broke my lease on verbal agreement?
    Thanks again

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