Massachusetts Lead Paint Law for Landlords: What Pre-1978 Rental Owners Must Do

If you own a rental built before 1978 in Massachusetts, the state’s Lead Law applies to you, and the liability attached to it is among the strictest in landlord-tenant law. The good news is that the rules are manageable once you know the steps. This guide walks through what the law requires, when it kicks in, what paperwork to keep, and how owners of Boston-area triple-deckers and older multi-families stay compliant. It is general information, not legal advice, so confirm specifics with your attorney.

Does the Massachusetts Lead Law apply to your rental?

It applies to homes built before 1978 where a child under 6 lives. That covers both rentals and owner-occupied homes. Much of Greater Boston’s rental stock, from Jamaica Plain triple-deckers to Somerville and Cambridge two-families, was built well before 1978, so most small landlords here are covered.

The Massachusetts Lead Law requires owners to remove or cover lead paint hazards, including loose paint and lead paint on windows and other friction surfaces, when a child under 6 lives in the unit. Under M.G.L. c. 111, Section 197, the owner must abate or contain dangerous lead levels in paint, plaster or other accessible structural material in those circumstances.

What does a landlord have to do?

The core obligation is to have the unit inspected by a licensed lead inspector and then bring it into compliance. There are two paths:

• Full deleading. A licensed deleader removes or permanently covers the hazards. After a passing inspection you receive a Letter of Full Compliance.
• Interim control. If you cannot complete full deleading right away, you can complete the urgent work and receive a Letter of Interim Control. The letter expires after one year and may be renewed once for an additional year after reinspection and recertification. Interim control cannot last longer than two years. A licensed inspector must determine whether the property is eligible.

Whichever letter you hold, keep a copy in the property file and give one to the tenant. It is your best evidence of compliance if anyone ever questions the unit.

When do you have to act?

Three moments matter most.

1. When you buy. When ownership changes and a child under 6 will become or continue to be a resident, new owners generally have 90 days to abate or contain the hazards, subject to statutory exceptions. This is not a general grace period for every new tenancy.
2. When you rent to a family with a young child. You cannot refuse to rent because a unit has lead, but you need the unit to be compliant for that tenancy. Plan ahead so a letter is in hand before you list.
3. When a child under 6 joins an existing tenancy. Once a child under 6 lives in the unit, the deleading duty applies, so ask tenants to tell you about household changes and respond promptly when they do.

Can you refuse to rent to families with young children?

No. State guidance is clear that owners cannot evict, or refuse to rent to anyone, because of lead paint, and that doing so can be unlawful discrimination. Keep your screening and marketing consistent with fair housing laws, and never steer families with children toward other units. A compliant unit is the lawful solution, not a tenant filter.

What notices and paperwork do tenants need?

Massachusetts and federal rules both require lead disclosures for older rentals:

• State notice. Landlords provide the state’s Tenant Lead Law Notification before a lease is signed, and the tenant acknowledges it. Use the current forms from the Department of Public Health.
• Federal disclosure. The federal lead disclosure requirements call for sharing known lead information and available reports, including the EPA pamphlet Protect Your Family From Lead in Your Home, and a lead warning statement in the lease.
• Record keeping. Keep signed disclosures for at least three years after the lease begins.

Build these into your standard lease packet alongside the rest of your Massachusetts landlord-tenant law paperwork, so they are never skipped on a rushed turnover.

Why strict liability is the real risk

Massachusetts treats lead poisoning claims very seriously. If a child is lead poisoned by hazards where they live, the owner is legally responsible, and a tenant cannot sign away that protection in a lease. The state’s guidance also notes owners cannot avoid liability by requesting a waiver.

A Letter of Full Compliance in effect provides protection from strict liability claims under the Lead Law. A valid Letter of Interim Control also provides statutory protection during its effective period, subject to the law’s conditions, while the owner remains responsible for reasonable care and maintaining compliance. A letter does not remove the duty to maintain the property. Penalties for violations can be significant under both state and federal law, so treat this as a risk-management item, not a formality.

How to stay ahead of lead issues between tenants

A few habits prevent most problems:

• Check lead status before you list a unit and know which letter you hold.
• Schedule inspections around turnover, when the unit is empty and work is easier.
• Use routine property inspections for landlords to spot peeling paint on windows, doors and porches early.
• Hire only licensed lead professionals, and keep their reports.
• Look into state tax credits, grants and loans that help owners cover deleading costs.

Rules change, and Boston-area landlords have more to track each year. For a broader look, see what’s changing in Boston rental laws.

Frequently asked questions

Does the Massachusetts Lead Law apply to every rental? It applies to housing built before 1978 where a child under 6 lives. Newer buildings are generally outside the deleading requirement, though disclosure rules for older units still apply to pre-1978 housing.

What is a Letter of Interim Control? It is documentation that a licensed professional has verified urgent lead hazards are controlled. It lasts one year and may be renewed once for a further year after reinspection and recertification, for a maximum of two years.

Can I charge my tenant for deleading? No. Deleading is the owner’s responsibility, and state guidance bars owners from shifting liability to tenants by contract.

What if I just bought a pre-1978 building? New owners generally have 90 days after taking title to comply if a child under 6 lives in the unit, so schedule the inspection early in your closing timeline.

Who can inspect my property? Only a licensed lead inspector can issue the findings needed for a compliance letter. Hire licensed pros, not a general handyman.

Let us handle the compliance paperwork

Lead rules, notices and renewals are easy to miss when you are juggling leasing, repairs and rent collection. Green Ocean’s investment property management in Greater Boston team coordinates inspections, keeps your disclosures and letters organized, and builds compliance into every turnover. If you own a pre-1978 rental and want a second set of eyes, talk to our team or call (617) 487-4868.

This article is general information, not legal advice. Check current requirements with the Massachusetts Department of Public Health and your attorney.