Maine Renters: Understanding Lead Paint Laws

Lead-based paint hazards remain a concern for many renters in Maine, especially in buildings built before 1978. Understanding your rights and responsibilities can help keep your family protected and ensure your landlord maintains a safe, healthy living environment. This article explains the key laws, official forms, and action steps renters in Maine need to know.

What Are Lead-Based Paint Hazards?

Lead is a toxic metal once commonly used in household paints. In homes built before 1978, old lead paint—sometimes beneath newer layers—can chip or create dust, putting children and adults at risk. Exposure to lead can cause serious health issues, especially in young children and pregnant women.

What Are Maine Landlords Required to Do?

Federal and Maine laws require landlords to take key steps to protect renters from lead paint hazards:

• Disclosure: Before you sign a lease for a home built before 1978, your landlord must give you a copy of the federally approved EPA Lead Hazard Information Pamphlet and a Lead Warning Statement as part of the lease.
• Disclosure Form: Landlords must provide the Lead-Based Paint Disclosure Form (Form No. EPA 747-K-99-001). Renters should read and sign this form upon leasing.
• Abatement & Remediation: If there is known lead-based paint in the unit, landlords must tell you about it, and Maine law often requires them to address significant lead hazards, especially if children under 6 live in the home.^[1]

How Do I Know If My Apartment Has Lead Hazards?

If your rental was built before 1978, there is a chance it contains lead paint. Signs of lead hazards can include peeling, chipping, or chalky paint. However, the only way to know for sure is through a professional inspection.

• Request a risk assessment: You can ask your landlord for documentation of any past lead assessments or request that an inspection be conducted by a Maine-licensed lead inspector.
• Check the Maine Department of Environmental Protection's lead information resource for certified inspectors and helpful guidance.

What Should I Do If I Suspect a Lead Hazard?

If you spot signs of deteriorating paint or suspect a hazard:

• Document the issue: Take photos and detailed notes of the problem areas.
• Notify your landlord: Send written notice describing the suspected hazard and ask for repairs. Written communication is best for your records.
• File a complaint: If the landlord does not respond, you can file a complaint with the Maine Childhood Lead Poisoning Prevention Program (under the Maine CDC).

Relevant Forms for Maine Renters

• Lead-Based Paint Disclosure Form (EPA Form 747-K-99-001):
  This form is required any time you sign a new lease for a property built before 1978. The landlord completes their section, provides the required information, and both parties sign and date it.
  View and download the official Lead-Based Paint Disclosure Form.
• Complaint Submission: There is no standardized statewide form, but the Maine DHHS Lead Program provides contact information for reporting housing lead issues by phone or email. Attach your documentation as described above.

Your Protections Under Maine Law

Renters in Maine are protected by the Maine Revised Statutes, Title 14, Chapter 709: Rental Property. This law requires landlords to keep units safe and free from hazards, including lead.^[2]

• The Maine Judicial Branch handles residential tenancy complaints, including unresolved safety issues.
• Federal regulations also apply: see the EPA's information on lead-based paint disclosure rules.

FAQ: Lead-Based Paint Hazards in Maine Rentals

1. What should I do if my landlord won’t fix peeling paint in an old building?
   Your first step is to send a written request for repairs. If the landlord doesn’t respond, document your attempts and contact your local code enforcement office or the Maine Childhood Lead Poisoning Prevention Program to file a report.
2. Does my landlord have to give me a lead paint disclosure form?
   Yes, landlords must provide the Lead-Based Paint Disclosure Form for rentals built before 1978. This form must be signed by both parties before you move in.
3. Can I break my lease if my apartment has lead hazards?
   Under Maine law, if the unit is not safe and the landlord refuses to fix serious hazards like lead-based paint, you may have grounds to terminate your lease. However, it’s best to consult with the Maine Judicial Branch or a legal aid service first.
4. Where do I report unresolved lead hazards in Maine rentals?
   You can contact the Maine Childhood Lead Poisoning Prevention Program or your town’s code enforcement office.
5. Is there financial help for lead abatement in rentals?
   Some state and federal programs may help landlords with the cost of removing lead hazards in rental housing. Contact the Maine Office of Community Development to learn more.

Key Takeaways for Maine Renters

• Rentals built before 1978 may contain lead paint—ask for disclosure forms.
• Landlords are required by law to inform you of known lead hazards and address unsafe conditions.
• Keep documentation and know your options if repairs aren’t made.

Staying proactive and informed is the best way to keep your family safe from lead-based paint hazards in Maine.

Need Help? Resources for Renters

• Maine CDC Childhood Lead Poisoning Prevention Program: For reporting and advice
• Maine Office of Community Development – Lead Abatement Programs
• Local Code Enforcement Offices Directory
• Maine Legal Aid – Tenants’ Rights Information
• Maine Judicial Branch – District Courts Info

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1. See Maine CDC Landlord Lead Requirements
2. Maine Revised Statutes, Title 14, Chapter 709: Rental Property Law

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