Lead Paint...uh oh

[Robert P.]

Say someone has been renting an apartment to a family with 2 kids under 6 for the past 9 months or so. We are a day away from giving them their 14 day notice to quit for non-payment (in Massachusetts that is what you do). In the past couple of weeks the board of health has been there for very minor violations (that were all fixed) but now inspector is talking about lead paint testing.

Questions:

1. If test comes back positive from inspector, how does that change (if at all) my eviction for non-payment?

2. Would the landlord be required to de-lead the unit even though they are being evicted?

3. Any lawsuits, etc involved since they have been living there for 9 months with potential lead in unit?

Of course, this is all if the test comes back positive, so all hypothetical questions. Just trying to be prepared for what could possibly happen. I know lead paint is a huge issue in MA, so I would appreciate any and all feedback regarding this.