Lead Paint Hazards: Renter Protections in Kansas

Living in a home that keeps your family safe is essential. If your Kansas rental home was built before 1978, you need to know about lead-based paint hazards, how they are regulated, and what you can do if you think your rental isn’t meeting health and safety standards.

Understanding Lead-Based Paint and Why It Matters

Lead-based paint was used in many homes built before 1978. When this paint ages or deteriorates, it can create dust and chips that are dangerous—especially for young children and pregnant women. Health risks from lead exposure include learning disabilities, development delays, and serious illness.

What Are Landlords Required to Do in Kansas?

Kansas landlords must follow federal rules on lead-based paint, including the EPA Lead-Based Paint Disclosure Rule and the HUD lead disclosure requirements. These rules require landlords to:

• Disclose known information about lead-based paint and hazards before you sign or renew a lease
• Provide you with the EPA’s Protect Your Family From Lead in Your Home brochure
• Include specific lead warning language in the lease

These rules cover almost all residential rentals built before 1978, with limited exceptions like certain short-term rentals or certified lead-free homes.

Required Disclosure Form

• Form Name: Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (No official form number)
• How it’s used: You must receive this disclosure before signing a lease for pre-1978 homes. If your landlord hasn’t given you this form, you can request it using the example template found on the EPA’s Lead Disclosure form page.
• Practical example: If you’re about to sign a lease for a house built in 1965, the landlord must provide the disclosure and EPA brochure. You sign to acknowledge receipt.

Spotting and Addressing Lead Hazards in Your Rental

Typical signs of lead-based paint hazards include paint chips, peeling paint, or excessive dust near windows, doors, and walls. If you notice any, it’s important to act quickly:

• Contact your landlord in writing to report the issue.
• Request repairs or an inspection for lead hazards.
• If your landlord does not respond, consider contacting local code enforcement or the Kansas Department of Health and Environment.

In Kansas, landlords must keep rentals “fit for human habitation.” Exposing tenants to lead hazards can violate these health and safety duties under the Kansas Residential Landlord & Tenant Act (K.S.A. 58-2540 et seq.)¹.

How to Report Lead Paint Hazards

If your landlord does not resolve the issue after being notified in writing, you can:

• File a complaint with your local city or county housing/code office.
• Contact the Kansas Department of Health and Environment (KDHE) Lead Program for help.
• Request a code inspection—if the home is found unsafe, the landlord may be required by law to fix the hazard.

Your Rights: What Does State Law Say?

The main law covering rental safety and landlord obligations in Kansas is the Kansas Residential Landlord & Tenant Act (K.S.A. 58-2540 et seq.). While it does not mention lead explicitly, it requires landlords to keep rentals safe and healthy. Lead hazards almost always violate this duty if present.

If a hazard goes unresolved, you may have legal options such as withholding rent, repairing and deducting the cost, or filing a suit—but these steps have risks. Seek advice before taking major actions.

Who Resolves Disputes?

In Kansas, rental disputes go through the local District Court system. You can find your local District Court to file claims involving landlord/tenant health and safety issues.

FAQ: Lead-Based Paint Hazards for Kansas Renters

1. What should I do if my landlord won’t give me a lead-paint disclosure?
   If your rental was built before 1978, you are entitled to this information by law. Request it in writing. If your landlord still refuses, contact the Kansas Department of Health and Environment or your local code enforcement office for help.
2. Can I break my lease if my apartment has lead hazards?
   This depends on the circumstances. If the hazard isn’t addressed after you notify your landlord, you may have grounds to end your lease early. Consult your local District Court or legal aid for guidance.
3. Who do I contact for a lead inspection in Kansas?
   Contact the KDHE Lead Program or your local health department to ask about lead testing for your rental home.
4. Are there fines for landlords who don’t comply with lead disclosure rules?
   Yes, failing to follow lead disclosure laws can result in significant penalties for landlords under federal and state law.
5. How can I tell if paint in my rental is lead-based?
   The only way to know for sure is to have it tested by a certified professional. Visual clues (like peeling or chipping paint) are not enough.

Key Takeaways for Kansas Renters

• You have the right to a safe, lead-free rental home in Kansas.
• Disclosure and information about lead paint is legally required for all pre-1978 rentals.
• If your report isn’t resolved, resources like KDHE and local courts can help.

Understanding and enforcing your health and safety rights is key to protecting those you love. Don’t hesitate to use official channels for assistance if needed.

Need Help? Resources for Renters

• Kansas Department of Health and Environment Lead Program: Advice, lead hazard response, and public health resources.
• Kansas District Courts: Handles rental disputes and health/safety legal claims.
• EPA Lead Information: National rules, disclosures, and protection information for renters.
• HUD Lead Paint Disclosure Information: Guidance for renters on federal lead requirements.
• Kansas Residential Landlord & Tenant Act: Read the full law covering tenant rights and landlord obligations.

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1. Kansas Residential Landlord & Tenant Act (K.S.A. 58-2540 et seq.): Read the full statute
2. EPA Lead-Based Paint Disclosure Rule: EPA official rules
3. Kansas Department of Health and Environment Lead Program: KDHE Lead Resources
4. HUD Lead Paint Disclosure: HUD Guidance

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