Lead-Based Paint

What does lead-based paint mean?

Lead-based paint is paint or another surface coating that contains lead. It was commonly used in residential properties before the federal government banned its sale for residential use in 1978.

The presence of lead-based paint does not necessarily mean that occupants are currently being exposed. Paint that is intact and properly maintained may present less risk. It can become hazardous when it:

• Peels, chips, cracks, chalks, or deteriorates
• Creates dust around windows, doors, floors, or stairs
• Is disturbed by sanding, scraping, drilling, demolition, or renovation
• Appears on surfaces that children can touch or chew
• Contaminates nearby soil, carpets, furniture, or household surfaces

Lead dust may be difficult to see. A property’s age or the appearance of its paint cannot confirm whether lead is present. Testing by an appropriately certified professional may be necessary.

Why does lead-based paint matter to tenants?

Lead-based paint matters because paint chips and contaminated dust can be swallowed or inhaled. Young children face particular risks because of their developing bodies and frequent hand-to-mouth behavior. Pregnant people and other adults may also be harmed by lead exposure.

Federal disclosure requirements apply to most rental housing built before 1978. Before the lease is signed, landlords and property managers generally must:

• Disclose known lead-based paint and lead hazards
• Provide available lead-related records and reports
• Give the tenant an approved lead information pamphlet
• Include the required lead warning statement in or with the lease

Some housing is exempt from these requirements. The disclosure rule also does not automatically require a landlord to remove all lead-based paint. The EPA explains the applicable disclosure rules and exemptions.

Federal renovation rules provide additional protections when paid contractors disturb painted surfaces in most pre-1978 rental housing. Covered work generally must be performed by certified firms using lead-safe practices. EPA guidance explains the Renovation, Repair and Painting Rule.

Tenants should not sand, scrape, or otherwise disturb paint suspected of containing lead. Peeling paint, dust, and unsafe renovation work should be reported to the landlord in writing. Anyone concerned about possible exposure should speak with a healthcare provider about appropriate testing.

When should you speak to a lawyer?

A tenant may want to consult a lawyer when:

• The landlord failed to disclose a known lead hazard
• Required lead documents were not provided before the lease was signed
• Peeling or deteriorating paint continues after written complaints
• Repairs or renovations spread paint chips and dust through the property
• A child or adult has a blood test confirming lead exposure
• An inspector identifies lead-based paint or contaminated dust
• The landlord knew about earlier lead findings but failed to act
• The tenant experiences medical expenses, relocation costs, or other losses
• The landlord retaliates after the tenant reports the condition

Legal responsibility is not automatic simply because a property was built before 1978 or contains lead-based paint. A claim may depend on the existence of a lead hazard, the landlord’s knowledge, required disclosures, repair practices, notice, actual exposure, and documented harm.

Tenants should preserve the lease, disclosure forms, inspection reports, repair notices, photographs, videos, medical records, blood test results, and any communication concerning renovation work.

Related services and articles

• Lead Poisoning Attorneys in California
• Can I Sue My Landlord for Lead Poisoning?
• Signs of Lead Poisoning in Children
• California Habitability Laws and Tenant Rights