Landlord didn't disclose

If you want to move, just tell your landlord you want out of your lease, or else you'll call the state and force a lead test. He'll be delighted to be rid of you.

The fact that you signed a lease that had a disclosure in it means nothing. Even a lead paint waiver means nothing. I ran into this situation with a buyer (the seller had had his tenants sign a lead paint waiver) and called the state. I was informed that parents cannot waive the right of their children to live in a lead-free environment.

The landlord is required to delead this apartment, at his expense, for you. He is also required to pay for you and your children to live somewhere else while the apartment is being deleaded. You would really be giving him a break if you simply ask to be let out of your lease so you can find a safe rental.

Type your comment here...Legally? Interesting question. Practically? The landlord would be out of their mind not to let you leave.

Would I worry? No. The lead paint issue is so overblown. Its utterly ridiculous. If you don't have peeling paint, its really not an issue. Not that lead is good for children, but it doesn't end up in them by magic. Remember, we all, by definition, grew up in houses with lead paint. Some of us even survived.

As has been discussed before, lead paint is really not an issue unless its airborn and ingested. Windows and doors are the primary culprits because of the friction from usage and old, flaking paint. New windows and fresh paint around door jams will pretty much solve the issue. Abatement is out of the question for most landlords because it costs $10K and is essentially money down the toilet. Also, the misnomer that kids chew on baseboards and eat lead paint is just that: a misnomer.

In any case, breaking the lease if foolish for two reasons. First, most of the housing stock in Metro Boston was built long before 1978, so there's a very good chance other rentals have lead paint and then you're back where you started. Second, many landlords won't even consider renting to families with children under six because of the lead paint issue and the potential for lawsuits from people like the concerned party. Yes, it's blatant discrimination, but nonetheless it happens all the time.

My advice for the concerned party would be to stay put and discuss the matter with the landlord without making threats of lease-breaking and lawyers. Like I said, if the windows are newer or vinyl then there's really no issue. And if the door jams are unpainted (many two families still have the natural gumwood moldings) then you're okay. However, if windows and doors are painted and flaking, you should ask the landlord to take some action. If the landlord is reluctant, then you can even do the work yourself and start scraping (wear masks, open windows, vacuum well) and touching up the offending areas.

I understand that it's a conversation that, unless your landlord is a supremely reasonable, level-headed person, may be fraught with tension, but why worry and stress about it and get into a contretemps with him/her until you know there's a problem:
in other words, just get the pediatrician to do a blood test screen for lead levels in your kids, and you may very well have no problem at all. Good luck.

I used to own an owner-occupied two family in Boston, built in the 1920's. I simply did not rent to anyone who had children. Discrimination? Yes. Legal? Yes, because I lived in the upstairs unit. Was I a cheapskate? No. But I am an engineer who is experienced in coating systems and their removal. teh worst thing you can do is try to strip lead paint off the wall. THAT is far more hazardous than simply leaving it in place and painting over it to make sure it is encapsulated. If it is properly encapsulated, then the only risk to children is if the paint peels and they eat it. Well, I suppose if you are an adult who likes to eat paint chips then you, too could be at risk. Consider the alternative: removal. Removal needs to be done via stripping with hazardous solvents or heat gun. Both release toxic fumes into the air. Sanding off lead paint is not only extremely hazardous to anyone not wearing breathing protection, it's also probably illegal. My feeling is that this lead paint business is incredibly over blown. I'd be far more worried about lead exposure from drinking water in an old house.

I have to comment regarding antigravity's suggestion that you do the work yourself and start scraping and touching up the offending areas. Legally, this is not a proper approach, since scraping cannot be done by anyone who is not a licensed deleader. There are, however, certain moderate and low risk methods of controlling lead exposure that an owner can employ. Go to www.mass.gov/dph/clppp and read up on what can and cannot be done.

I recently took a moderate risk deleading course and the requirements to delead properly while ensuring personal safety are pretty significant.

I would also question jchristian's advice to let a blood screen dictate whether to take action. IIf the blood screen comes back as positive, the damage may already be done.

I took the moderate risk deleading class, too.
I agree with Starboardlean that scraping is the worst thing you can do. It spreads dust like crazy!
BrookineOnLine is right that deleading is not so easy. You need to know the rules. Encapsulant paint only works on very solidly painted surfaces with no chance of chipping. There are procedures to figure out if the encapsulant will work on a surface. You can't just cover it all and call it done. Also, anything that rubs -- like windows and doors -- can't be encapsulated.
Do-it-yourself can be more hazardous to your children than leaving it alone. Don't punt when it comes to health issues, please!

DOn't do it yourself. No need to - poor landlord is stuck. You've got him by the short hairs.

The lead paint law is classic massachusetts stupidity, as I've been posting here for a year now. It solves a problem that doesn't exist, by turning it into a problem that does exist.

Yet lead in the water which is real? No need to to anything about that...

And its one of the reasons apts are so expensive in Mass.

This lead paint law has completely screwed all of the families looking to rent in a remotely well kept area. We've been looking for three MONTHS for a place and have time and time again been passed over becuase we're expecting. This absolutely stupid law has prevented us from renting beautiful places WHY? because some stupid person made this ridiculous uncompromising law. UNBELIEVEABLE!!! Months of searching and nothing except apartments in the WORST areas of cities and getting passed over for destructive college kids. I'M SO ANGRY AND FRUSTRATED.