Maryland Renters: Protect Against Lead Paint Hazards

Lead-based paint is a serious health risk, especially for children and pregnant individuals. If you’re renting a home or apartment in Maryland, it’s important to know your rights and what steps you can take if you suspect lead hazards. This guide breaks down Maryland’s lead safety rules for renters, helping you keep your household safe and informed.

Understanding Lead-Based Paint Hazards in Maryland Rentals

Lead was commonly used in residential paint before 1978. Inhalation or ingestion of lead dust or chips—especially by young children—can cause lasting health problems. To reduce these risks, Maryland has specific laws requiring landlords to address and disclose lead-based paint hazards in rental properties, particularly those built before 1978.

Your Landlord's Responsibilities

• Disclosure: Landlords must give tenants a lead warning statement and the EPA's "Protect Your Family From Lead In Your Home" brochure before you sign the lease.
• Registration: Properties built before 1978 and used as rentals must be registered and inspected by the Maryland Department of the Environment (MDE) for lead compliance.
• Remediation: If lead hazards are found, landlords must perform certified lead abatement work and provide you with a Lead Inspection Certificate (see below) before move-in.
• Maintenance: Landlords are required by Maryland law to address chipping, peeling, or flaking paint promptly.

Required Forms for Maryland Renters

• Lead Paint Risk Reduction Certificate (Form 330):
  
  • When it's used: Your landlord must give you this certificate before you move in or renew your lease for any pre-1978 rental. It proves the property passed inspection for lead hazards by an accredited inspector.
  • Practical example: If you’re about to sign a lease on an older Baltimore rowhouse, ask your landlord for the Lead Paint Risk Reduction Certificate (Form 330).
  • Official source: Maryland Department of the Environment Lead Program
• Notice of Defect (Form 340):
  
  • When it's used: If you spot peeling, chipping, or flaking paint (potential lead hazard areas), complete this notice and send it to your landlord.
  • Practical example: You notice paint chips by your child’s window. Fill out and send the Notice of Defect (Form 340) to your landlord promptly.
  • Official source: MDE Lead Program

Where to Turn If Your Landlord Doesn’t Respond

If your landlord fails to address a reported lead hazard, you may file a complaint with the Maryland Department of the Environment (MDE) Lead Compliance and Enforcement Division or seek a remedy through the Maryland District Court, which handles tenant-landlord matters in the state. Maryland’s primary tenant laws and protections are found under the Maryland Code, Real Property § 8-211.¹

Action Steps: What Should Maryland Renters Do About Lead Paint?

• Before signing a lease, ask to see the Lead Paint Risk Reduction Certificate and all required disclosures for any property built before 1978.
• If you notice peeling or chipped paint, immediately fill out and send a Notice of Defect (Form 340) to your landlord.
• If your landlord does not fix the issue within 30 days, contact the MDE Lead Program or consider filing a complaint with the Maryland District Court.

FAQs: Maryland Renters and Lead Safety

1. What should I do if my landlord won’t provide a Lead Paint Risk Reduction Certificate?
   If you’re renting a property built before 1978 and haven’t received this certificate, request it in writing. If your landlord still doesn't comply, contact the Maryland Department of the Environment (MDE) Lead Program for help.
2. What age of housing does Maryland’s lead law apply to?
   Maryland’s lead paint laws apply to rental properties built before 1978. Newer homes are generally exempt.
3. Can I withhold rent if my landlord ignores lead hazards?
   If your landlord fails to address lead hazards after receiving a Notice of Defect, you may be able to pay rent into escrow through the Maryland District Court. Always seek legal advice before taking this step.
4. Are landlords allowed to charge me for lead repairs?
   No. It’s the landlord’s legal responsibility to fix lead hazards and maintain the property in safe condition under Maryland law.
5. Who do I contact for emergency lead paint complaints?
   Contact the Maryland Department of the Environment Lead Poisoning Prevention Program for urgent lead hazard concerns.

Conclusion: Maryland Rental Lead Safety—What to Remember

• Landlords must disclose lead risks and provide inspection certificates for older properties
• Use official forms to notify your landlord if you suspect lead hazards
• Contact MDE or the Maryland District Court if your concerns are not resolved

By understanding Maryland’s lead paint laws and using the right forms, you can better protect your family’s health and safety.

Need Help? Resources for Renters

• Maryland Department of the Environment – Lead Poisoning Prevention Program: Information, forms, and complaint procedures
• Maryland District Court – Landlord-Tenant Information: Guidance on your legal options
• Maryland Attorney General – Information for Tenants
• Maryland Code, Real Property § 8-211: State law on landlord repairs and tenant rights

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1. Maryland Code, Real Property § 8-211 – Repairs for dangerous defects
2. Maryland Department of the Environment – Rental Property Owners’ Lead Compliance Resources
3. EPA – Lead-Based Paint Disclosure Rule

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