Apartment Living...

  1. You have chosen to ignore posts from framerican51008. Show framerican51008's posts

    Apartment Living...

    I have a couple of issues related to apartment living and I'm hoping someone will have info or be better at poking around on the web.

    Was looking into lead paint laws.  It looks to me like the landlord was supposed to have our apartment inspected for lead once we had a child under 6 living there.  I feel pretty confident that there isn't lead paint (or it's covered) and DD has been tested twice with no issues, so I don't necessarily want to force him.  Just wondering if I'm intrepeting the rules correctly.  I asked him recently and he said to his knowledge there is no lead paint, but he's never had it tested... and I don't believe that is an option when there is a child under 6 living there.




    Secondly, and this is the issue that is really stressing me out day after day, does anyone know if there is any law that says my neighbor cannot smoke in the common area of our house?  He smokes in the front hall.  Supposedly the landlord has asked him to stop, but he hasn't.  I am furious that someone could be so inconsiderate as to expose my 2 yo and me to his smoke grrrrrrrrrrr.  Unless the landlord wants to kick him out, I don't think there's anything that can be done.  Am I wrong?  PLEASE tell me I'm wrong!  We were going to move, but it's just not a great time for us to shell out thousands of dollars.  Maybe this summer if it doesn't stop.

  2. You have chosen to ignore posts from Trouble30. Show Trouble30's posts

    Re: Apartment Living...

    Hi Fram,

    I'm not a lawyer or an expert but I do have a rental property in Boston.  Being a landlord is a huge PITA even if everything goes smoothly. 

    Regarding the lead paint issue, his response is the standard response that landlords give to most tenants, but you are interpreting the law correctly.  He is supposed to have the apartment inspected since you have a child under 6 living there now.  But know this, if they do find lead and have to remediate it will be a huge disruption to you and your family.  I'm guessing you'll have to move out for a bit while it's done.  So if there is no peeling paint and DD's tests have come back okay, I might let sleeping dogs lie if I were you. 

    Regarding the smoking, does he own the whole building or just your unit?  If just your unit, he might not have control over the common areas, but there might be something in the condo docs regarding smoking.  If he does own the building, is there anything about smoking in your lease?  We have no smoking in our leases.  Can you ask him if you can put up a sign?  Maybe you can talk to your neighbor too? 

    HTH!  MA landlord/tenant laws are strongly pro-tenant with triple damages to the tenant if the landlord gets it wrong, so the law is on your side, but being empathetic to the other side is helpful too.

  3. You have chosen to ignore posts from framerican51008. Show framerican51008's posts

    Re: Apartment Living...

    Thanks Trouble!!  I'm definitely not looking to screw over the landlord, but I am frustrated.  He owns the entire house.  There is nothing in the lease about not smoking, though I believe he said so when we moved in.  He mentioned that maybe he would make it so the neighbor can't open the window in the hallway anymore.  I am going to push him on that and ask for a no smoking sign.

    I don't think he's the most saavy guy, as this is not the first time I have noticed something that is not in the lease.  When our refrigerator (sp?) died, he tried to say that the lease states we have to replace it if it breaks.  It most certainly did not say that, and MA law says if it's provided by the landlord it must be maintained by the landord, so he replaced it... and then when it was time to renew the lease he gave us the same one... which means if it breaks again, he has to replace it again.

  4. You have chosen to ignore posts from medfordcc. Show medfordcc's posts

    Re: Apartment Living...

    Disclaimer: I have no knowledge, legal or otherwise.  :)

    I agree about leaving the lead alone - it's going to be a major PITA for you if they need to remediate, plus when your lease is up they will want to raise the rent to cover the expense.

    But personally, I would push the smoking.  No idea about the legality, but I found these links interesting: http://www.lawlib.state.ma.us/subject/about/smoking.html

    That said, it'll probably go better if you have a collaborative plan, like enlist him (and the tenant?) in trying to make a new rule/plan that will work for everyone.  If the tenant isn't a total jerk, he might just not realize that it's an issue for you and your LO.  Might get on board if you approach it as needing his help.

  5. You have chosen to ignore posts from misslily. Show misslily's posts

    Re: Apartment Living...

    MA has laws about not smoking in public places. Does a condo hallway apply? It ceratinly could. My condo had a no smoking rule in common areas - I think most do.

    I feel for you. That would drive me crazy.

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