What are my rights if my landlord never disclosed that I would be living next to an unabated chemical site?

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What are my rights if my landlord never disclosed that I would be living next to an unabated chemical site?

I am 500 steps away from the site.

Asked on July 4, 2011 under Real Estate Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your landlord's disclosure requirements depend on the state in which the property is located. You need to consider whether your state requires asbestos and chemical disclosures by landlords to tenants for properties that are not on his property.  So if the disclosure requirements are only for his property, the onus may be on you to see what your future residence is next to. Further, in the grand scheme of things, you have actual notice of the chemical site next to you (it is not hidden) and therefore you had the responsibility to make that decision on your own. You may wish to contact the health department and building and safety department regarding a) that chemical site and b) if that agency can connect you with the consumer protection agency in Massachusetts who handles landlord tenant matters.


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