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breaking a lease with lead involved

Hello
I am trying to get out of my lease. My son is 4 and has been diagnosed with a developmental delay (last month) and we want to move out of the city for school reasons, my landlords wont let us break the lease and they happen to be lawyers. I called inspectional services and they found 11 code violations in the apartment which the landlords are in the process of fixing. They also found lead which can contribute to developmental delay. It has been over 30 days and they have made no attempt to fix the lead problem. Does this give me grounds to move out?
thank you

 
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Editor's Response

Just because a rental unit has lead paint, that does not entitle to you to move out. Many units have lead paint but, as long as there is no lead paint on chewable surfaces or areas where the lead paint is chipping or pealing, the unit may still be habitable. (The landlords will have, and should have shown you, a certificate from an inspector stating that the unit has lead paint but meets the requirements of the lead paint law.) If you have evidence that your child has been eating lead paint in the unit, that is a different story.

The landlords did not show me

The landlords did not show me any certificates prior to me moving in and I beieve they are getting fined for this. The paint is chipping and peeling and it has been reccomended by the board of health that it be removed however the landlords have not done so yet.

Editor's Response

In that case, I would ask the housing court to let you out of the lease. At a minimum, the landlord should be required to put you and your family in other lodging until the remediation work on the lead paint is done. Good luck.

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