Florida Renter Rights: Lead Paint Hazards & Family Safety

Living in a Florida rental built before 1978 brings unique health concerns due to potential lead-based paint hazards. Knowing your rights helps you keep your family safe and your landlord accountable. This article outlines your protections, steps to take if you suspect lead, and resources to support you as a Florida renter.

Understanding Lead-Based Paint and the Law

Lead was banned from residential paint in 1978, but many older homes and apartments still contain it. Children and pregnant individuals are most at risk from lead exposure, which can lead to serious health issues. Federal and state laws aim to protect renters from these dangers.

What Landlords Must Disclose

Under the Federal Lead-Based Paint Disclosure Rule, if you rent a property built before 1978, your landlord must:

• Provide an EPA-approved pamphlet: Protect Your Family from Lead in Your Home.
• Disclose any known information about lead-based paint and hazards.
• Share any available records or reports related to lead testing.
• Attach a signed disclosure form to your lease (see next section).

Official Disclosure Form Used in Florida Rentals

For all leases in pre-1978 housing, landlords must provide the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (form no. EPA 747-K-99-001). As a renter, you will review and sign this form to confirm that you’ve received necessary disclosures.

• When & how to use: Before you sign a lease, review the disclosure form and the Protect Your Family from Lead in Your Home pamphlet. For example, if you are about to move into an apartment built in 1965, ask your landlord for this documentation before signing.
• View and download the official disclosure form

What to Do If You Suspect Lead Hazards in Your Rental

Lead paint is a serious issue, especially if you see chipping or peeling paint. Florida landlords have a responsibility to maintain habitable premises under the Florida Residential Landlord and Tenant Act^[1].

• Notify your landlord in writing if you spot possible lead hazards (chipped paint, dust, etc.).
• Request a prompt inspection and repairs as needed.
• Document all communications and keep copies for your records.
• If the hazard isn’t addressed, you may contact the Florida Department of Health Lead Poisoning Prevention Program for further assistance.

Your Rights and Remedies

If lead paint issues make your rental unsafe, you have the right to request repairs or remediation. Florida law requires landlords to provide "fit and habitable" housing and to comply with health and safety standards. Failure to act can lead to formal complaints or further legal action.

Which Board Handles Tenancy Issues?

In Florida, residential tenancy disputes are typically heard in county court. However, you can seek information and file complaints regarding housing health and safety through the Florida Department of Health or contact your local Environmental Health office. For legal disputes, the county small claims or civil court usually handles tenant complaints about habitability or breaches of the lease.

Relevant Legislation

• Federal Lead Disclosure Rule (Title X Section 1018)
• Florida Residential Landlord and Tenant Act (Fla. Stat. Ann. Chapter 83 Part II)

FAQ: Lead-Based Paint Safety in Florida Rentals

1. Do all Florida rentals require lead paint disclosure?
   Only properties built before 1978 must provide lead-based paint disclosure forms and information to renters.
2. What should I do if my landlord hasn’t given me a lead paint form?
   You can request the form directly or report the issue to the Florida Department of Health. It is a legal requirement for older properties.
3. Can I break my lease if my home has unaddressed lead hazards?
   Possibly, if the landlord fails to maintain safe living conditions as required by law, but it is wise to get legal advice or contact the court before taking action.
4. Who do I contact about lead exposure concerns?
   Contact the Florida Department of Health Lead Poisoning Prevention Program or your local health department.

Need Help? Resources for Renters

• Florida Department of Health Lead Poisoning Prevention Program: Information and complaint processes for lead hazards.
• U.S. Environmental Protection Agency Lead Information: National laws and disclosure guidance.
• Florida Residential Landlord and Tenant Act, Chapter 83, Part II: Full legislation text for tenant rights.
• For legal help: your local legal aid office through The Florida Bar.

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1. Florida Residential Landlord and Tenant Act, Fla. Stat. Ann. Chapter 83 Part II
2. U.S. EPA, Lead-Based Paint Disclosure Rule

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