All Forum Posts by: Danielle Ratto

Our tenants want to break their lease a month early and we would like (*NEED*) them gone as well. What do we need to write up to make it official? Just a new document stating that both parties agree to terminate the lease on said date, what date they need to be out of the apartment, etc?

Thanks

@Derreck Wells We had a lead inspector come out last Sunday and we did test positive for lead in several areas and identified the areas that will need to be updated or fixed. I definitely appreciate your offering to review the report. I will shoot you an email with the inspection report attached. Thank you again!

Hi David,

Looks like we're neighbors! What's your business in Berwick? My husband an I own a duplex right over the border in Somersworth. This is our first property and we owner occupy half of it. We've been looking into both NH and ME for our next property. 

Thank you @Ann Bellamy!

Thanks @Ann Bellamy 

We are looking for a lawyer who is well versed in landlord/tenant law at the moment. We did find one that we spoke with yesterday, but could always use more recommendations.

Long term (once we de-lead our house and move forward from this unexpected mess) we are looking to convert our 2 unit to a 3 unit, so would be looking for a lawyer that has experience with zoning/planning as well. 

I am hoping to get some recommendations for a lawyer in NH. I did see a few posts down 1 recommendation for Jason Craven (I am planning on contacting him), but was wondering if anyone else had any referrals or recommendations as well.  I have called a handful of attorneys, but none are able to assist with our issues. 

Thank you!

Thank you all for you advice and responses. This first investment property has certainly been a lesson learned as we go property (unfortunately). I know one thing, my husband and I have learned so much over the last 2 years with this property and will not be making the same mistakes again on our future properties. 

Although we don't know for sure yet that it is from the heating system installation - we are almost positive that is the issue. All other walls, windows, interior and exterior are completely maintained with no sign of chipping or flaking. The thought of exposing lead didn't even cross our minds since we weren't opening up any walls or making any "new" holes. Unfortunately, some lessons are learned the hard way! 

@Frank S.- As of yesterday we now have a personal umbrella policy in effect. Thank you for the advice!

@Victor N.Thank you so much for that advice, I looked into it and it looks like NH does have some programs like that. I am not sure if we qualify (there are some income requirements), but I am looking into them. I certainly hope the issue isn't as big as an entire abatement - but it is good to know we may have some options to alleviate the cost.

@Derreck WellsThis property is actually right over the Maine border in NH. Yes, we are lucky he was not a 10, because in NH the state does immediately get involved. We went through our half of the house and washed EVERYTHING (floors, walls, windows, furniture) and are doing their unit tomorrow (they are staying at a family members house down the road - we did offer to put them up in a hotel until the issue was resolved, but she felt more comfortable staying there). 

Our action plan right now is:

1. Have Lead inspector come inspect the property and figure out where the issue is (He is coming Saturday)

2. Contact Lawyer (we have made contact with one who told us to speak with him Monday after we have results of Lead Inspection)

3. If lead issue is a result of the heating system renovation project - figure out if they are liable for the exposure. 

4. Work with Lead certified contractor to figure out the best way to fix this issue. 

@Frank S. we don't have an umbrella policy. I just contacted my agent when I saw your post to get one. She is getting me the information this morning. The heating company itself was insured, and he subcontracted people to rip out the radiators (not painted) and piping (piping was all on the outside of the walls, but went through ceiling of our apartment and floor of theirs and new heating system was run through existing holes). We did not hire an independent contractor to oversee the project, just the heating company. Does that change things?

@Colleen F.The house was completely renovated before we had bought it 2 years ago. The flooring is original in some rooms(but stained not painted) and the windows were all replaced with the exception of two in their side foyer (which don't function) and one in the third floor attic (which they do use for storage). Hopefully the lead inspector can identify the issue areas and we can get it resolved. 

The earliest we could get a lead inspector out was Saturday, so in the meantime we bought two different home kits (from Home Depot). We tested our owners unit in 4 different areas (swabbed dust) and all tested positive for lead and we tested in their unit in 4 different areas as well and all tested positive, so we are petty sure we have a bigger problem than him ingesting some paint chips. He tested at a 7 which is below the limits that require reporting to the state (10) and his doctor came back and said it was OK to stay their since his comprehensive blood work came back lower than a 10, as long as they were comfortable with it. They said they are planning on staying as they know that we are working diligently to resolve the problem. 

@Marcia MaynardWe did provide both of those lead pamphlets from the EPA with their lease when they first moved in. 

The heating system all went through existing holes in the floor/ceiling and no new ones were made when the old pipes were ripped out. Also all of the piping is run on the outside of the walls so no holes were put in the walls, but I am still thinking this might be the source. The contractor never mentioned anything to do with lead so it did not cross our minds. Lesson learned. 

All of the plumbing is brand new as of 2013, but I am picking up a lab test from a certified laboratory to test for lead in the water right now and they should have results in 48 hours. 

I left messages with two local companies certified by the EPA to do lead testing, so hopefully I will hear back from them today. 

We are also going to seek legal counsel as well.

The tenant knows we are working as fast as we can to resolve this (as this directly impacts my own child as well) and we are keeping them informed of what we are doing to identify where the problem is and the steps to fix it. 

@JD MartinI don't think he ingested it through paint chips, as he has been crawling for 2 months, and I was under the impression that it takes several months to build up in their systems. Also all rooms have been painted over (I'm sure several times, but most recently right before we moved in and then they also painted all the rooms) and the wood trim on all the windows in their unit has been replaced due to rotting when the previous owner flipped the house.  We did replace the heating system in their unit in September, which involved ripping out all of the steam radiators and piping, which makes me wonder if that could have gotten lead dust in the air.

Will a water test for Home Depot be sufficient to test for lead as a starting point or do we need a professional to test water? 

She let us know that they were advised by the pediatrician not to return and would be staying elsewhere until we figure out the issue.