Landlord Question and Answer Forum
If a child at a NH residence tests positive for lead can the tenant ask the landlord to test for lead paint at the residence? If the test is positive can the tenant demand that the paint be removed?
Pamela H, MA on Thursday, October 3, 2013
RE: Lead paint in NH
If the home was built before 1978, the landlord should have given the tenant disclosure information on lead based paint and had tenant acknowledge receiving such. The tenant can ask that the landlord test for lead paint and remedy it however, there may be no obligation to do so if the information was disclosed at the onset as it should have been if the home was built prior to 1978. If the home was built after 1978, I don't believe the owner has an obligation, but might want to do it anyway or at least cover half the cost.
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