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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38225
Experience:  Attorney over 17 years, landlord 26 years
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When I bought my 2 family home in MA and is owner occupied I

Customer Question

when I bought my 2 family home in MA and is owner occupied I was told I do not have to rent to renters with children
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Massachusetts
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: the lease states no children under six, was this legal
JA: Anything else you want the lawyer to know before I connect you?
Customer: the apartment is not lead free certified
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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when I bought my 2 family home in MA and is owner occupied I was told I do not have to rent to renters with children. the lease states no children under six, was this legal

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No, that wouldn't be a legal clause because it would be considered illegal discrimination based on familial status. You can't discriminate against families with children, small or otherwise or you open yourself up to be sued for violating the Fair Housing Act and any other illegal discrimination laws. Discrimination is prohibited against children because the apartment contains lead paint and you do not want to incur the expense of deleading the apartment.

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Whenever a child under the age of six (6) resides in residential premises containing unlawful levels of lead, you are obligated to properly remove the offending substances (M.G.L. c. 111, § 199(a)). You or your agent are required to give the Massachusetts Lead Law Notification form to tenants regarding the dangers of lead paint, and the requirement to remove lead paint where children under six (6) intend to reside.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 3 months ago.
it is a month to month lease because they have trouble with paying their rent, with a month to month lease and with a 30 day notice to not renew the lease for the next month, do I need to give them a reason that I am not renewing for the next month
Expert:  barristerinky replied 3 months ago.

No, you don't have to give any notice for non renewal. You can simply give them the written 30 day notice and let it stand at that. If you wanted to tell them that you were going to remodel, that is always a good generic excuse..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Expert:  barristerinky replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister