Lead Paint Hazard Rules for Renters in Idaho

Lead-based paint remains a concern for many renters in Idaho, especially in homes built before 1978. Understanding your rights and your landlord’s responsibilities under Idaho and federal law can help you make sure your home is safe, and protect your family’s health. This guide explains what lead hazards are, what disclosure rules exist, and how renters can take action if they suspect lead paint issues in their rental home.

Understanding Lead-Based Paint Hazards in Idaho Rentals

Lead is a toxic metal commonly found in paint used before 1978. When lead-based paint chips, peels, or creates dust, it can cause serious health risks, particularly to children and pregnant women. Common signs of potential lead hazards include:

• Peeling, chipping, or cracking paint, especially on windows, doors, and trim
• Paint dust found on floors or window sills
• Homes or apartments built before 1978

Exposure to lead can harm the brain and nervous system, so it's crucial to spot risks and act quickly.

Your Rights: Disclosure of Lead Paint Hazards

Federal law requires that landlords disclose known information about lead-based paint and hazards on properties built before 1978. This includes providing renters with:

• An official EPA-approved information pamphlet titled Protect Your Family From Lead in Your Home
• Any known information about lead-based paint and hazards in the unit
• Any records and reports on lead-based paint in the property

The law also requires landlords to include specific lead warning language in the lease and provide time for you to conduct a lead inspection, if you choose.

Required Disclosure Form for Idaho Renters

If you’re renting a home built before 1978, your landlord should use the official Lead-Based Paint Disclosure Form (EPA Form 747-K-099-002). You’ll usually sign this form when you sign your lease agreement.

• When is it used? You receive and sign this form before finalizing your rental agreement for any pre-1978 housing.
• How is it used? Your landlord provides you with the completed disclosure form and lead hazard information pamphlet. You sign to acknowledge receipt.
• View the EPA Lead-Based Paint Disclosure Form (PDF)

What to Do if You Suspect a Lead Hazard

If you believe there is peeling or chipping lead-based paint in your Idaho rental, take these steps to protect your family and assert your rights:

• Notify your landlord in writing about your concerns and ask for repairs or an inspection.
• Request written records of any past lead testing or hazard removals.
• Consider getting your home tested for lead (visit the EPA's Lead Testing guidance for more details).
• If your landlord does not respond or address the hazard, you may file a complaint with state agencies.

Legal Protections for Idaho Renters

Idaho law requires landlords to maintain safe rental properties and comply with health and safety standards. These protections are set out in the Idaho Residential Landlord and Tenant Act.¹ Under this law:

• Landlords must provide habitable and safe housing—including addressing known lead hazards.
• If a landlord fails to meet their duties, tenants may have the right to give written notice and seek repairs.

Filing a Complaint About Lead Paint in Idaho

If your landlord does not fix known lead-based paint hazards, renters can file a complaint with the Idaho Department of Health and Welfare’s Lead Poisoning Prevention Program or your local public health district.

The contact options and complaint process may vary by region. For urgent concerns, you may also contact the EPA National Lead Information Center at 1-800-424-LEAD.

Key Forms for Idaho Renters

• Lead-Based Paint Disclosure Form (EPA Form 747-K-099-002):
  • Use: Required before signing leases for homes built before 1978.
  • Example: If you’re about to rent a 1950s apartment, you should receive this form with your lease. If not, ask your landlord.
  • Get the official Lead-Based Paint Disclosure Form here

FAQ: Lead-Based Paint Hazards and Your Rights in Idaho

1. What should I do if my landlord refuses to provide a lead disclosure form?
   If you do not receive the required disclosure, remind your landlord in writing of their legal obligation. You can contact the Idaho Department of Health and Welfare’s Lead Program or seek legal advice if needed.
2. Can I break my lease if my landlord refuses to deal with lead hazards?
   Tenants may have the right to pursue remedies under Idaho’s Residential Landlord and Tenant Act if the rental shows unsafe conditions. Breaking a lease may have legal and financial consequences—consider getting legal help before taking action.
3. Are landlords always required to test for lead paint?
   No. Landlords are required to disclose known lead hazards, but they are not required to test for lead paint unless there are clear safety concerns or as directed by health authorities.
4. Can I request a lead inspection in my Idaho rental?
   Yes, you may request to have your unit tested for lead, at your own expense, but landlords must give access for official lead hazard evaluations.
5. What are the health risks of lead exposure for renters?
   Lead exposure can cause developmental issues in children, memory loss, and high blood pressure in adults. Preventing exposure is vital for all residents.

Conclusion: Staying Safe from Lead Hazards as a Renter in Idaho

• Idaho landlords must disclose known lead paint hazards and provide safety information for homes built before 1978.
• Renters have the right to a safe, habitable home and can take steps if they suspect a lead paint issue.
• Knowing your rights and using the proper forms helps keep your family safe and informed.

Need Help? Resources for Renters

• EPA Lead Resources and Information
• Idaho Department of Health and Welfare: Lead Poisoning Prevention
• Idaho Legal Aid Services (for legal help)
• Idaho Supreme Court - Residential Landlord & Tenant Cases
• Review the Idaho Residential Landlord and Tenant Act

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1. Idaho Residential Landlord and Tenant Act, Title 6, Chapter 3
2. EPA Lead Disclosure Rule for Housing
3. Idaho Department of Health and Welfare: Lead Poisoning Prevention Program

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