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eviction / lead paint by Connie on February 27, 2012 @15:34

                              
My tenants lease expired five years ago, so they are month to month. I have a 30 day eviction notice which expires February 29. Then my attorney will get a hearing date sometime in March. The tenants called The Dept of Housing Preservation and Development. They found lead paint on some of the mouldings. The tenants will not give me access to the apt. in order to do the work. I have a four family house. What can I do to make the necessary repairs?
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Re: eviction / lead paint by Abdon on February 27, 2012 @15:57 [ Reply ]
Not knowing where you are makes it hard to provide you with a meaningful answer.

In the mean time, document everything, specially every attempt to correct the issue. Make sure you make quite a few of those.
Re: eviction / lead paint by Anonymous on February 27, 2012 @17:04 [ Reply ]
You said you gave them a 30 day eviction notice. Should that not of been a 30 day non-renewal notice? Wonder what your wording was because if it was just a non renewal than it is not an eviction, yet.

That said I believe if it is just a non-renewal, not an eviction, then you have the right to post a 24 hour notice (check your state law) that you will be going into the home to make repairs. I do not believe they can tell you no, unless they come to the door and say no. In that case not sure.

Possibly forget about calling and post your notice that you will be coming in to do painting. In my state keeping everything sealed, in case of lead paint, meets the requirments. I know this as my husband is in charge of this for our state.
LBP injuries to kids are big issues everywhere now by Anonymous on February 27, 2012 @19:20 [ Reply ]
Re: eviction / lead paint by MrDan (Georgia) on February 28, 2012 @09:44 [ Reply ]
Did you give out the EPA Pamphlet on Lead as required by law when you first rented to the tenants? This applies if the rental was built before 1978. Did you have tenants sign that they received the pamphlet? Did The Dept of Housing Preservation and Development find the lead paint or was it the tenants who found it? Did you give your tenants a '30 day notice' that lease is ending and will not be renewed? (may be 60 days in some states) Anyway, end the lease per your State laws and abate the lead paint as the the EPA Renovation Pamphlet for Small Renovations (http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf)

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