Lead Paint Rental Laws: California Tenant Rights & Safety

Many California homes and apartments built before 1978 may still have old, lead-based paint — a serious health risk, especially for children and pregnant women. If you rent in California, it’s important to know your rights and what steps your landlord must follow to keep you and your family safe.

Understanding Lead-Based Paint Risks in Rentals

Lead is a toxic metal that can seriously harm a person’s health, especially young children. Exposure to lead dust, chips, or even contaminated soil can cause learning disabilities, behavioral problems, and other lifelong health issues. California law and federal rules require landlords to take certain actions if their properties may contain lead-based paint.

Your Landlord’s Responsibilities

• Disclosure Required: Landlords must provide tenants with an official warning about the dangers of lead-based paint if the rental home or apartment was built before 1978. This is required under federal law.
• Protect Your Family From Lead in Your Home Booklet: Tenants must receive this federal educational pamphlet at lease signing.
• Disclosure Form: Landlords must provide you with the “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” form. Both landlord and tenant sign this document to confirm that disclosure has occurred.
• Repairs and Safety: If lead hazards are found or repairs could disturb lead-based paint, landlords must follow specific safety guidelines under California law and regulations from the U.S. Environmental Protection Agency (EPA).
• Maintenance: Landlords must maintain the property so painted surfaces are not chipping, peeling, or deteriorating. This falls under their general obligation to provide safe and habitable housing under California Civil Code Section 1941.

Failing to follow these steps can lead to significant legal penalties for landlords and can impact your health and well-being.

Official Forms and Practical Steps

• Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (No Official CA Number): Required at lease signing for any housing built before 1978. Example: If you’re moving into a 1965 apartment, ask your landlord for this form. Download the disclosure form from the EPA.
• Notice of Violation or Complaint Form: If your landlord isn’t providing required disclosures or addressing unsafe paint conditions, you can file a complaint. Many local California health departments use their own forms, so check with your city or county’s environmental health department. Start at the California Department of Public Health’s Lead Program for local contacts.

Properly filling out these forms helps document your concern and prompts authorities to investigate safety violations.

What to Do if You Suspect a Lead Hazard

• Ask your landlord if your rental was built before 1978 and request the required lead-based paint disclosure and booklet.
• If you see chipped, peeling, or deteriorating paint, notify your landlord in writing right away. Keep copies of all communication.
• If your landlord does not respond, report the problem to your local government health department or code enforcement office. Use the agency’s complaint form or process.
• If you believe your health or your family’s health may have been affected by lead exposure, contact your health provider and your local health department for testing and advice.

Act quickly—lead hazards can be very serious, especially for children under 6 years old. California law supports your right to a safe and healthy home.

Your Legal Rights Under California Law

California’s main rental housing law, California Civil Code Sections 1940–1954, requires landlords to keep their units habitable—this includes managing lead hazards. For most disputes, renters can seek guidance or formal actions through the Los Angeles County Department of Consumer and Business Affairs (for LA County) or their local housing agency. While California does not have a single state-wide “residential tenancy board,” each city or county may have departments for tenant issues.

Both federal and state law protect your right to clear lead disclosure, repairs, and safe living conditions.

FAQ: California Renters and Lead-Based Paint

1. What if my landlord refuses to give me a lead disclosure form?
   If you are renting a home built before 1978 and did not receive the form, request it in writing. If your landlord still refuses, you can file a complaint with your city or county health department or contact the California Department of Public Health.
2. Is my landlord responsible for removing old lead paint?
   Landlords do not have to remove all lead paint, but they must keep painted surfaces in good repair and follow safe practices when disturbing old paint. They are responsible for correcting any lead hazards that could harm tenants.
3. Can I break my lease if the landlord does not fix a lead hazard?
   In severe cases—if a landlord refuses to address a significant lead hazard—you may have rights to end your lease, but seek legal advice before doing so. Document every step you take and give proper notice as required by law.
4. Are there financial help or testing programs for renters?
   Many California counties offer free or low-cost testing for children’s blood lead levels and some may help with home hazard assessments. Check with your county’s environmental health department.
5. Which agency enforces lead paint housing laws in California?
   Enforcement can involve your local city or county code enforcement office and health department, with oversight from the California Department of Public Health Lead Program.

Key Takeaways for California Renters

• Landlords must disclose lead-based paint hazards and provide safety information if your unit was built before 1978.
• If you believe there’s a hazard, ask your landlord to fix it and report unresolved issues to your local health department.
• Your right to a safe, habitable home is protected by the California Civil Code and federal law.

Remember, clear documentation and understanding your legal protections are the best tools to keep your family safe.

Need Help? Resources for Renters

• California Department of Public Health: Local Lead Program Contacts – Find your local health agency for complaints or questions
• EPA Lead in Housing Disclosure Requirements – Learn about your federal disclosure rights
• California Civil Rights Department (DFEH): File a Complaint – For discrimination related to rental housing
• California Department of Housing & Community Development – Housing laws and programs

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1. California Civil Code Sections 1940–1954 (California law on habitable rentals).
2. Federal Lead-Based Paint Disclosure Rule (EPA rules and tenant rights).
3. California Department of Public Health Lead Program (Local contact guide).

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