Michigan Lead Paint Disclosure Rules for Renters

Moving into a rental home in Michigan means ensuring your new space is safe, including understanding lead-based paint risks. Michigan law and federal law require landlords to disclose information about lead paint in most rentals built before 1978. Knowing your rights about lead paint and hazard disclosures protects your health and helps you make informed choices during the move-in process.

When Lead Paint Disclosure Is Required in Michigan

If you're renting a home or apartment built before 1978, your landlord must provide you with specific lead paint information. This rule applies across Michigan under both federal regulations and state requirements, helping tenants understand potential hazards before signing a lease.

• A written disclosure about any known lead-based paint in the property
• Records and reports about lead paint or its hazards (if any exist)
• An official EPA pamphlet: Protect Your Family from Lead in Your Home
• A signed lead disclosure form as part of your lease

What Is a Lead Paint Hazard?

Lead-based paint was often used in homes built before 1978. Lead is a toxic metal that can cause serious health problems, especially for young children and pregnant people. A hazard exists if the paint is chipping, peeling, or disturbed during renovations.

Official Required Forms

• Lead-Based Paint Disclosure Form (EPA/HUD Form):
  • Name: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (commonly known as the Lead-Based Paint Disclosure Form)
  • When and How It's Used: This form must be completed for every lease or rental agreement involving a property built before 1978. Your landlord should present this form (signed by both parties) before the lease is signed. For example, if you are about to rent a 1950s duplex, your landlord gives you this form, shares any known lead information, and both of you sign it.
• EPA Pamphlet:
  • Name: Protect Your Family from Lead in Your Home
  • When and How It's Used: Provided to you with your lease documents to help you understand lead dangers and steps for safety. The latest English version is available here (EPA site).

Michigan-Specific Responsibilities for Landlords and Tenants

Michigan landlords must comply with federal disclosure rules as well as maintain the property to limit lead hazards under the Michigan Truth in Renting Act. Here’s what each side must do:

• Landlords:
  • Disclose known lead paint and hazards using the official form
  • Give tenants the EPA lead safety pamphlet
  • Keep records of disclosures for at least three years
• Tenants:
  • Review all lead disclosure paperwork before signing a lease
  • Ask questions if anything is unclear
  • Report any peeling paint or hazards to your landlord

What If Your Landlord Doesn't Provide a Lead Paint Disclosure?

If your Michigan landlord fails to provide proper disclosure before you move in, this is a violation of both federal law and the Michigan Truth in Renting Act. You may have legal options, including reporting to the U.S. Department of Housing and Urban Development (HUD) or the Michigan Department of Health and Human Services.

Reporting Lead Paint Hazards or Non-Disclosure

If you see chipping paint or suspect undisclosed hazards, or if you believe your landlord is not complying with disclosure rules, take these steps:

• Contact your landlord in writing to document your concerns
• If there's no action, contact the Michigan Department of Health and Human Services Lead Program
• For legal action or if you need assistance with your rights, you may apply to your local district court or seek information from Michigan’s District Court system (oversees landlord-tenant disputes)

Legal Protections and Tenant Remedies

Michigan’s rental laws, including the Truth in Renting Act, work alongside federal law to protect tenants. If disclosure is missing, tenants may be eligible for financial damages or the right to cancel a lease. Always consult official resources or legal aid for guidance.

FAQ: Lead Paint Disclosures for Michigan Renters

1. Do I need to receive a lead paint disclosure for any Michigan rental?
   You are entitled to the lead paint disclosure and pamphlet only if the rental property was built before 1978.
2. Can my landlord refuse to rent to me if I ask questions about lead paint?
   No. Asking about lead paint or requesting disclosures is your legal right, and you cannot be retaliated against for doing so.
3. What should I do if I notice chipping paint in my rental?
   Report the problem to your landlord right away in writing. If not addressed, contact Michigan’s Lead Safe program or your local health department.
4. What are my options if my landlord never gave me the required disclosure forms?
   You may file a complaint with HUD or the Michigan Department of Health and Human Services, and could consider seeking legal assistance.
5. Which court or authority handles lead paint disclosure disputes in Michigan?
   Landlord-tenant disputes, including disclosure issues, are typically handled by your local District Court.

Conclusion: Key Lead Paint Disclosure Takeaways

• Landlords must disclose known lead paint hazards for all homes built before 1978
• Tenants must receive the proper federal form and EPA pamphlet before signing a lease
• Missing disclosures can be reported to local or federal authorities for assistance and legal remedies

Need Help? Resources for Renters

• Michigan Department of Health and Human Services Lead Safe Program – Report hazards or seek information
• Michigan District Courts – For landlord-tenant dispute filings
• HUD: Lead-Based Paint Disclosure Information – Federal guidance and complaint forms
• Michigan Legal Help Gateway – Free information on tenant rights and legal aid

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1. See HUD Lead-Based Paint Disclosure Form requirements (24 CFR part 35 and 40 CFR part 745).
2. EPA disclosure guidance: Lead Disclosure to Renters and Buyers
3. Michigan Truth in Renting Act: MCL 554.631 et seq.
4. Michigan Department of Health and Human Services (MDHHS) Lead Safe Program: Lead Safety Info

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