Lead Paint and Rentals in Massachusetts: What Landlords Must Disclose and Fix
If your unit was built before 1978, Massachusetts law requires specific disclosures — and if a child under 6 lives there, the landlord must deal with lead hazards, no exceptions.
Massachusetts' Lead Law (M.G.L. c. 111 §§189A–199B) requires disclosure of known lead paint in pre-1978 housing and strict liability for landlords when a child under six lives in a unit with lead hazards. Here's what landlords must do — and can't do.
BLUF: The Lead Law in Two Rules
📄Before You Sign: The Disclosure Requirement
For any unit built before 1978, before you're obligated under a lease, the owner must give you — regardless of whether you have kids — all of the following:
- All known information about lead paint on the property
- Two copies of the Tenant Lead Law Notification and Certification Form
- A copy of the most recent lead inspection or risk assessment report, if one exists
- A copy of any Letter of Compliance or Letter of Interim Control, if the unit has been deleaded
You and the owner each sign and keep a completed certification confirming you received this information. Owners who skip this are subject to civil penalties, and real estate agents and property managers can face liability under the Consumer Protection Act (M.G.L. c. 93A) — up to double or triple damages plus attorney's fees.
👶If a Child Under 6 Lives There: Strict Liability
This is the part of the law with real teeth. If a child under six resides in a pre-1978 unit, the owner is strictly liable for making sure the property is deleaded or brought under interim control — meaning liability applies even if the owner didn't know about the hazard or wasn't negligent. Key points:
- The owner can delay the start of a new tenancy up to 30 days to complete deleading or interim control work, at the owner's expense for the prospective tenant's alternate living costs during that delay — but only before a lease is signed.
- If deleading needs to happen while you're already living there, the owner can move you to a substitute dwelling with reasonable notice, paying your moving expenses and any cost difference in rent.
- If a child is later diagnosed with lead poisoning traced to the unit, the owner can be held liable regardless of fault.
What a landlord absolutely cannot do
| Requirement | Applies to | Statute / Regulation |
|---|---|---|
Tenant Lead Law Notification & disclosure | All pre-1978 units, regardless of children | M.G.L. c. 111 §§189A, 199; 105 CMR 460 |
Deleading / interim control | Pre-1978 units where a child under 6 resides | M.G.L. c. 111 §197 |
No discrimination based on children or lead status | All prospective and current tenants | Mass.gov Lead Law FAQ; M.G.L. c.151B §4(11) |
Anti-retaliation for reporting lead hazards | All tenants | M.G.L. c. 186 §18 |
Consumer protection liability for non-compliance | Owners, agents, property managers | M.G.L. c. 93A §§2, 9, 11 |
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🔎What to Do If You Suspect a Lead Hazard
- •Check the Massachusetts Lead-Safe Homes database to see if there's a prior inspection or compliance history for the address.
- •Request in writing that your landlord provide any lead inspection reports or compliance letters they have.
- •If you have a child under 6 and suspect a hazard (peeling paint, chewed windowsills, deteriorating surfaces), request an inspection from your local board of health or the Childhood Lead Poisoning Prevention Program.
- •Reporting a lead hazard is a protected activity — retaliation for doing so is illegal under our Retaliation guide.
Not legal advice
Sources
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