Lead Paint Safety for Mississippi Renters: Know Your Rights

Lead-based paint hazards are a serious health concern for renters in Mississippi, especially in older homes and apartments. Understanding your rights and responsibilities under federal and state law can help protect you and your family from the dangers of lead exposure. This article will walk you through key facts, legal protections, and actions you can take if you suspect lead hazards in your rental home.

Understanding Lead-Based Paint Hazards

Lead was a common ingredient in household paint until it was banned for residential use in 1978. Homes or apartments built before this year may still have layers of lead paint, which become hazardous if the paint chips, peels, or creates dust. Children and pregnant women are especially at risk, but lead exposure can harm anyone's health.

• Symptoms of lead poisoning can include developmental delays, abdominal pain, and fatigue.
• Risks are highest in units with chipping paint or recent renovations that disturbed old layers.
• Federal and Mississippi law require landlords to notify tenants of any known lead-based paint in the residence.

Your Rights Under the Law

Both federal law (the Lead-Based Paint Disclosure Rule) and the Mississippi Residential Landlord and Tenant Act give renters key protections:

• Landlords must provide an EPA-approved lead hazard information pamphlet before renting out most properties built before 1978.
• They must also disclose any known lead-based paint or lead-based paint hazards in the property and share available inspection reports.
• Landlords may not knowingly rent unsafe or uninhabitable premises.

Required Disclosure Forms

• Lead-Based Paint Disclosure Form (EPA Form 9600-041): This form is required for leases of residential properties built before 1978. As a renter, you should receive it before you sign the lease.
  Example: If your landlord hands you a lease to sign for an older apartment but does not include the Lead-Based Paint Disclosure Form, ask for it before agreeing.
  View or download the official EPA Lead Disclosure form
• Protect Your Family From Lead in Your Home (EPA-Pamphlet): This pamphlet explains lead hazards and prevention and must be given to you by your landlord.
  Download the official EPA lead safety pamphlet

How to Spot and Respond to Lead Hazards

If you live in a building built before 1978, be on the lookout for the following:

• Cracking, peeling, or chipping paint on walls, windows, or doors
• Dust or paint chips accumulating on surfaces or floors
• Recently disturbed areas (from renovations or repairs) with exposed old paint

What to Do if Your Landlord Doesn’t Act

If your landlord fails to respond to your concerns about lead hazards:

• Make your complaint in writing and keep copies for your records.
• You may file a complaint with the Mississippi State Department of Health or the U.S. Department of Housing and Urban Development (HUD).
• Mississippi's main authority for rental disputes is the Mississippi Attorney General’s Consumer Protection Division.

The law protects you from retaliation for exercising your rights about habitability and safety. You may also be able to end your lease or seek repairs through legal channels if your unit remains unsafe.^1,2

FAQ: Mississippi Renters on Lead Paint

1. Do I have to accept a rental unit with possible lead-based paint?
   No, you have the right to receive disclosures and can decline to rent if you are uncomfortable with the risk. Always request the required EPA Lead Disclosure form before signing a lease.
2. Can I request my landlord to test for lead-based paint?
   Yes. You can ask in writing for an inspection or testing, especially if your unit shows signs of chipping or peeling paint. While landlords are not required to test, they must disclose known hazards.
3. What if my child is diagnosed with lead poisoning from our rental?
   Contact your health provider and report the concern to the Mississippi Department of Health immediately. The local health department will investigate. Your landlord may be required to remediate hazards.
4. Who enforces lead disclosure and safety laws in Mississippi?
   The U.S. Environmental Protection Agency (EPA), U.S. Department of Housing and Urban Development (HUD), and Mississippi State Department of Health enforce these regulations.
5. Is my landlord required to remove lead paint if found?
   Landlords must keep rentals habitable. They are generally required to address peeling, chipping, or otherwise hazardous lead-based paint, especially if it creates a health risk.

Conclusion: Key Takeaways for Mississippi Renters

• Always get a lead disclosure and EPA safety pamphlet before leasing older units
• Report chipping or peeling paint promptly in writing
• If your landlord does not act, official complaint options are available to protect your rights

Need Help? Resources for Renters

• Mississippi State Department of Health – Lead Program: Information and reporting for suspected lead exposure.
• EPA Lead Resource Center: Federal guidelines and educational resources.
• HUD – Lead Disclosure Enforcement: Reporting violations and understanding your rights.
• Mississippi Residential Landlord and Tenant Act (Full Law)
• For disputes, contact the Mississippi Attorney General’s Consumer Protection Division

---

1. Lead-Based Paint Disclosure Rule (EPA)
2. Mississippi Residential Landlord and Tenant Act

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations