Florida Rental Lead Paint Disclosure Rules: Tenant Guide

When you're moving into a rental in Florida, it's essential to know about lead-based paint hazards—especially if you have kids or are concerned about environmental safety. Florida law, following federal rules, requires landlords to provide disclosures about the presence of lead-based paint or any known hazards for most properties built before 1978. Understanding these rights ensures you move into a safer home and can address any issues upfront.

What Are Lead Paint Disclosure Requirements?

Lead-based paint was widely used in homes built before 1978 and can be dangerous—especially to young children and pregnant women. Because of this, landlords must comply with the Lead-Based Paint Disclosure Rule, a federal law enforced in Florida as well. This rule applies to most rental homes and apartments constructed before 1978.

• Applies to: All rental housing built before 1978
• Exemptions: Housing for the elderly (unless children live there), short-term leases (less than 100 days), and zero-bedroom dwellings (like studios)

What Your Landlord Must Provide

• Disclose any known lead-based paint or lead hazards in the property
• Give you an EPA-approved lead hazard information pamphlet: "Protect Your Family from Lead in Your Home"
• Attach a Lead Warning Statement and completed disclosure form to your lease agreement

If your landlord fails to provide these disclosures before you sign your lease, they could face federal penalties—and you may have certain rights to take action.

Required Florida Lead Paint Disclosure Form

EPA/HUD Lead-Based Paint Disclosure Form for Rental Properties (Form no number)

When and How is it Used?

• This form must be filled out and signed by both the landlord and all new tenants before the lease is signed for any pre-1978 rental property.
• It documents whether the landlord knows of any lead hazards and confirms you received the required pamphlet.

Practical Example: If you're renting a 1960s apartment, your landlord should present this disclosure form and pamphlet before you sign the lease. You will acknowledge you've received both.

Access the official form and resources here: EPA/HUD Lead-Based Paint Disclosure Form (PDF)

Important Steps for Florida Renters

Before you move in, protect yourself and your family by:

• Confirming your rental's year of construction with your landlord or county records
• Carefully reading and receiving all required disclosures and pamphlets
• Asking the landlord about any renovations or repairs that might disturb paint
• Documenting any peeling paint or areas of concern with photos on move-in

Even if you've already moved in and didn’t receive these disclosures, you can still ask your landlord for them or contact authorities for support.

Who Enforces Lead Paint Disclosure in Florida?

While Florida does not have a separate state tribunal for routine landlord-tenant issues, federal enforcement is carried out by the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD).

For general landlord-tenant issues, contact your Florida Department of Business and Professional Regulation (DBPR).

Key Legislation for Florida Renters

• Residential Lead-Based Paint Hazard Reduction Act (Title X)
• Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83)

These laws protect your right to know about safety risks in your home and outline the duties of Florida landlords and tenants.

What If You Weren’t Given a Disclosure?

If you weren't given the required pamphlet or disclosure before signing your lease, you can:

• Request the disclosure and pamphlet in writing from your landlord
• Contact the EPA regional office or HUD if the landlord fails to comply
• Seek legal aid for possible remedies, including voiding the lease or damages

FAQ: Lead Hazard Disclosures in Florida Rentals

1. Do all Florida rentals need a lead paint disclosure?
   Most rental homes built before 1978 must provide this disclosure. Exceptions apply to some short-term rentals and specialized housing.
2. What should I do if I find peeling paint in my Florida rental?
   Immediately notify your landlord in writing and ask for repairs. If the paint is lead-based, repairs must be performed safely to avoid exposure.
3. Can I break my lease if my landlord didn’t provide the disclosure?
   If the required disclosures were not provided, you may have legal grounds to terminate the lease or seek damages—consult legal aid for guidance.
4. Where can I report lead hazard violations in Florida?
   You can contact the EPA, HUD, or your local health department to file a complaint or seek inspection help.
5. Is my landlord required to test for lead paint?
   No, landlords are not required to test for lead paint, only to disclose any known hazards if the property was built before 1978.

Summary: Key Takeaways for Florida Renters

Remember these highlights to protect your rights and your health:

• Landlords must disclose any known lead-based paint hazards for most properties built before 1978
• You are entitled to receive an EPA-approved information pamphlet and signed disclosure before your lease
• If you did not receive these documents, you have options to request them or report a violation

Need Help? Resources for Renters

• EPA Lead Hotline: 1-800-424-LEAD for lead disclosure violations
• HUD Lead Disclosure Enforcement for reporting unsafe conditions
• Florida Department of Business and Professional Regulation: Landlord/Tenant Info for general rental help
• Florida Legal Services for assistance with tenant rights

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1. Lead-Based Paint Disclosure Rule (EPA)
2. Florida Residential Landlord and Tenant Act (Statutes Chapter 83)
3. EPA/HUD Lead Paint Disclosure Form (PDF)
4. Protect Your Family from Lead in Your Home (EPA Pamphlet)
5. Florida DBPR: Landlord/Renter Information

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