Breaking Lease because of Possibility of Lead

[khansuser]

What is the name of your state (only U.S. law)? Massachusetts,
I have a question about breaking lease in the state of Massachusetts. When we initially rented the apartment, we were just two people. However, after my son was born during the tenancy, we reviewed the Lead paint report from the rental agreement which states that the owner is not aware of Lead in the house. Since this house was built before 1978, there is danger of lead paint which is harmful for children under the age of 6, according to the Massachusetts Lead Law: The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. As my son became more mobile, I had no choice but to break my year’s lease . The only reason I decided to move was the growing mobility of my child and danger of ingesting harmful paint (especially near the forced air vents in the dining and living room). The lease had seven months left. I left owing no rent for the time that I lived there.


The landlord has demanded me to pay for the broker fee, for advertising and getting his home rented. We agreed we would pay for it and also advertised the listing ourselves and set appointment with the broker. We vacated the house on 20th of Dec, the house will be rented on 5th February. The landlord kept our security deposit as a rent for January, which we never consented to. He also demands us to pay for the first 4 days of Feb which is not going on rent.

We broke the lease for the legitimate reason of danger of possibility of lead paint as the house was constructed before 1978. Am I still responsible to pay rent for 11 days of Dec, full month of Jan in the empty house, electricity and hot water which I didn't even use, and the 4 days of February?

Please advise

 

[TheGeekess]

What is the name of your state (only U.S. law)? Massachusetts,
I have a question about breaking lease in the state of Massachusetts. When we initially rented the apartment, we were just two people. However, after my son was born during the tenancy, we reviewed the Lead paint report from the rental agreement which states that the owner is not aware of Lead in the house. Since this house was built before 1978, there is danger of lead paint which is harmful for children under the age of 6, according to the Massachusetts Lead Law: The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. As my son became more mobile, I had no choice but to break my year’s lease . The only reason I decided to move was the growing mobility of my child and danger of ingesting harmful paint (especially near the forced air vents in the dining and living room). The lease had seven months left. I left owing no rent for the time that I lived there.


The landlord has demanded me to pay for the broker fee, for advertising and getting his home rented. We agreed we would pay for it and also advertised the listing ourselves and set appointment with the broker. We vacated the house on 20th of Dec, the house will be rented on 5th February. The landlord kept our security deposit as a rent for January, which we never consented to. He also demands us to pay for the first 4 days of Feb which is not going on rent.

We broke the lease for the legitimate reason of danger of possibility of lead paint as the house was constructed before 1978. Am I still responsible to pay rent for 11 days of Dec, full month of Jan in the empty house, electricity and hot water which I didn't even use, and the 4 days of February?

Please advise

Why wouldn't you be? I'm assuming since the house is THAT old that the walls have been repainted more than once, and likely stripped down a couple of times, too.

 

[bdancer]

Your problem is "possible" lead paint. Just because the house was built before 1978 does not mean there is a lead paint problem. You should have had it actually tested. Chances are there is no lead paint problem. Any lead paint could have been removed and/or properly sealed. You'll never know because you didn't have it tested.

Pay the landlord. You got off pretty cheaply in early terming that lease.

 

[Zigner]

What is the name of your state (only U.S. law)? Massachusetts,
I have a question about breaking lease in the state of Massachusetts. When we initially rented the apartment, we were just two people. However, after my son was born during the tenancy, we reviewed the Lead paint report from the rental agreement which states that the owner is not aware of Lead in the house. Since this house was built before 1978, there is danger of lead paint which is harmful for children under the age of 6, according to the Massachusetts Lead Law: The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. As my son became more mobile, I had no choice but to break my year’s lease . The only reason I decided to move was the growing mobility of my child and danger of ingesting harmful paint (especially near the forced air vents in the dining and living room). The lease had seven months left. I left owing no rent for the time that I lived there.


The landlord has demanded me to pay for the broker fee, for advertising and getting his home rented. We agreed we would pay for it and also advertised the listing ourselves and set appointment with the broker. We vacated the house on 20th of Dec, the house will be rented on 5th February. The landlord kept our security deposit as a rent for January, which we never consented to. He also demands us to pay for the first 4 days of Feb which is not going on rent.

We broke the lease for the legitimate reason of danger of possibility of lead paint as the house was constructed before 1978. Am I still responsible to pay rent for 11 days of Dec, full month of Jan in the empty house, electricity and hot water which I didn't even use, and the 4 days of February?

Please advise

Rent, yes. Electricity & hot water - I'm going to say yes since it needs to be kept on due to the weather.

YOU chose to break your lease.

 

[swalsh411]

Was the paint ever tested for lead or did you just ASSume? Entire generations grew up in homes with lead paint and yet somehow managed to send men to the moon and invent the microchip. I think you over-reacted based on a mere possibility.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Massachusetts,
I have a question about breaking lease in the state of Massachusetts. When we initially rented the apartment, we were just two people. However, after my son was born during the tenancy, we reviewed the Lead paint report from the rental agreement which states that the owner is not aware of Lead in the house. Since this house was built before 1978, there is danger of lead paint which is harmful for children under the age of 6, according to the Massachusetts Lead Law: The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. As my son became more mobile, I had no choice but to break my year’s lease . The only reason I decided to move was the growing mobility of my child and danger of ingesting harmful paint (especially near the forced air vents in the dining and living room). The lease had seven months left. I left owing no rent for the time that I lived there.


The landlord has demanded me to pay for the broker fee, for advertising and getting his home rented. We agreed we would pay for it and also advertised the listing ourselves and set appointment with the broker. We vacated the house on 20th of Dec, the house will be rented on 5th February. The landlord kept our security deposit as a rent for January, which we never consented to. He also demands us to pay for the first 4 days of Feb which is not going on rent.

We broke the lease for the legitimate reason of danger of possibility of lead paint as the house was constructed before 1978. Am I still responsible to pay rent for 11 days of Dec, full month of Jan in the empty house, electricity and hot water which I didn't even use, and the 4 days of February?

Please advise

Sorry, but the consensus here seems to be that you acted upon an assumption that there MUST be lead in the home, despite the LL's signing of the required document stating that he was unaware of any lead in the home. You are now learning what happens when you ASSume.

You can't take legal action upon something that MIGHT happen or MIGHT be true. If you had solid evidence of the existence of lead AND convincing evidence that the LL not only knew but falsified the document saying that they were unaware, then you MIGHT have had justification to break that lease. Since none of that happened, you are being treated the same as ANY LL would treat a tenant who decided to break their lease. Legally speaking, you can be held liable for rent until the expiration of your lease, or until a new tenant takes possession of the rental unit, whichever occurs first. In MA, a LL IS NOT obligated by law to mitigate their damages by making a reasonable effort to re-rent. In addition, the LL can hold you liable for any/all costs they incur to find that new tenant, including advertising and broker costs, and new tenant screening costs.

The amount of your security deposit CAN legally be applied to any damages that the LL incurs, including repairs to the property to restore it to a pre-move-in condition, AND they can also deduct any unpaid rent balance (and they don't have to ask you before they do it). Since the new tenant won't be moving in until February 4th, you get to pay for that also as part of the loss the LL is incurring as a result of your sudden lease break.

On a personal note, one would think that if they have a child that will become more mobile during the lease term, that the parents would take that into consideration when choosing where to live for that time period. That issue you are claiming with the possible existence of lead was going to come up eventually. IMHO, it honestly sounds like you had other reasons for wanting to break that lease that have nothing to do with the lead issue you are claiming, and are simply trying to use that as an excuse for your actions. So, why did you REALLY decide to break the lease and move out early? Were you buying a house? Decided you couldn't deal with the LL or your neighbors for some reason? Weren't happy with the rent to space ratio? Moving for a new job? Because your claim of having to move in order to protect your toddler from the imaginary lead just isn't ringing true.

 

[Just Blue]

What is the name of your state (only U.S. law)? Massachusetts,
I have a question about breaking lease in the state of Massachusetts. When we initially rented the apartment, we were just two people. However, after my son was born during the tenancy, we reviewed the Lead paint report from the rental agreement which states that the owner is not aware of Lead in the house. Since this house was built before 1978, there is danger of lead paint which is harmful for children under the age of 6, according to the Massachusetts Lead Law: The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. As my son became more mobile, I had no choice but to break my year’s lease . The only reason I decided to move was the growing mobility of my child and danger of ingesting harmful paint (especially near the forced air vents in the dining and living room). The lease had seven months left. I left owing no rent for the time that I lived there.


The landlord has demanded me to pay for the broker fee, for advertising and getting his home rented. We agreed we would pay for it and also advertised the listing ourselves and set appointment with the broker. We vacated the house on 20th of Dec, the house will be rented on 5th February. The landlord kept our security deposit as a rent for January, which we never consented to. He also demands us to pay for the first 4 days of Feb which is not going on rent.

We broke the lease for the legitimate reason of danger of possibility of lead paint as the house was constructed before 1978. Am I still responsible to pay rent for 11 days of Dec, full month of Jan in the empty house, electricity and hot water which I didn't even use, and the 4 days of February?

Please advise

You were pregnant while renting ...right? You knew that the child would, eventually, become mobile? Did you sign a renewal lease? If so WHY???

 

[Mass_Shyster]

See this website for information about a Massachusetts Landlord's duty regarding lead paint.

http://www.masslegalhelp.org/housing/private-housing/ch9/your-right-to-be-protected-from-lead-poisoning

 

[Zigner]

See this website for information about a Massachusetts Landlord's duty regarding lead paint.

http://www.masslegalhelp.org/housing/private-housing/ch9/your-right-to-be-protected-from-lead-poisoning

None of this matters. The LL apparently complied with the law in-so-far as his knowledge of lead is concerned, but the tenant (our OP) jumped the gun and left before there was even any evidence of lead paint.

 

[FarmerJ]

Your LL made a disclosure to you in the lease , so when you called your county health dept to come out and test did they and what were the results? did your child have a EBL? I guess you did nothing to prove that the rental was a lead hazard other than assume it was, You owe this former LL rent for your bad choice of jumping the gun.

 

[sandyclaus]

None of this matters. The LL apparently complied with the law in-so-far as his knowledge of lead is concerned, but the tenant (our OP) jumped the gun and left before there was even any evidence of lead paint.

Exactly my point. SO, either they jumped the gun, or there really is another reason for them moving out and abandoning the lease (which I suspect is the REAL reason for breaking the lease).

 

[Mass_Shyster]

None of this matters. The LL apparently complied with the law in-so-far as his knowledge of lead is concerned, but the tenant (our OP) jumped the gun and left before there was even any evidence of lead paint.

The tenant friendly judges hers in the People's Republik of Mass generally presume that a house built before 1978 has lead, and places the burden on the landlord to provide delead certificates.