Lead Safety for Montana Renters: Your Rights & Protections

Many homes and apartments in Montana were built before 1978, when lead-based paint was still commonly used. If you rent a place that is older, it's important to understand the risks of lead exposure and your rights. Montanans have specific tenant protections and resources for lead hazard safety, so you can help keep yourself and your family healthy.

What Are Lead-Based Paint Hazards?

Lead-based paint was widely used in homes until 1978, when the federal government banned it for residential use due to serious health risks. Lead dust and chips from deteriorating paint are especially dangerous to children and pregnant women, causing learning difficulties, developmental delays, and other long-term health issues.

Landlord Responsibilities for Lead Safety

By federal law, if your rental unit was built before 1978, your landlord must:

• Provide you with an official EPA pamphlet called "Protect Your Family From Lead In Your Home" before you sign the lease
• Disclose information about any known lead-based paint or hazards in the unit
• Give you records or reports of lead testing or inspections (if available)
• Include a federal Lead Warning Statement in your lease agreement

In Montana, under the Montana Residential Landlord and Tenant Act, landlords are also required to maintain rental units in a safe and habitable condition.

How Lead Hazard Disclosure Works

When you rent an apartment or house built before 1978, your landlord must provide:

• Lead Disclosure Form (EPA form): This is used to disclose lead-based paint hazards. Renters should receive, and sign, this document before moving in. You can see the official form here (EPA Form Lesr).

Example: If you’re about to sign a lease for a 1955 duplex, the landlord must give you the EPA pamphlet and have you sign the lead disclosure form first.

Your Right to a Safe and Habitable Home

Montana law protects renters by requiring landlords to address hazards that may threaten health and safety, including lead paint. If you suspect your unit has chipping or peeling paint, especially with children present, notify your landlord in writing immediately and request repairs.

What If Your Landlord Does Not Comply?

If your landlord refuses to provide lead disclosures, perform necessary repairs, or ignores your complaints, you can take several steps:

• Document: Keep records of your communication and take photos of any problems
• File a Complaint: You may file a complaint with the local health department or contact Montana Housing
• Seek Mediation or Legal Help: If hazards remain, you can seek help through the Montana District Court system, which handles landlord-tenant disputes.

Key Lead Safety Forms for Montana Renters

• Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (EPA Form Lesr)
  Use when signing any lease for a pre-1978 unit. Both landlord and tenant must sign it.
  View and download the official form

Always keep a copy of this form for your records. If your landlord fails to provide it, remind them of their obligation under federal law. For more detail, visit the EPA's lead disclosure information page.

What Montana Law Says About Lead and Rental Homes

The main tenant-landlord laws in Montana can be found in the Montana Residential Landlord and Tenant Act. It requires landlords to:

• Keep rentals fit for habitation and compliance with health and safety codes
• Repair issues that could endanger tenant health, such as lead paint hazards

For information on handling disputes or health and safety complaints, the Montana District Court is the main tribunal handling residential tenancy matters.

FAQ: Lead Paint and Renter Rights in Montana

1. What year did lead paint stop being used in Montana rentals?
   Lead-based paint was banned for residential use in 1978, so any rental built before this year may still have lead paint.
2. What documents should my landlord give me for lead safety?
   Your landlord must provide the EPA "Protect Your Family From Lead In Your Home" pamphlet and the signed EPA Lead Disclosure form if your rental was built before 1978.
3. What if my landlord ignores peeling paint or refuses repairs?
   Document the problem, notify your landlord in writing, and contact your local health department or the Montana housing authority if your concerns are not addressed.
4. Who handles disputes about lead hazards in Montana rentals?
   The Montana District Court handles residential tenancy disputes, including serious habitability or lead issues.
5. Where can I get my child tested for lead exposure?
   Contact your doctor or local public health department to arrange a simple blood test for lead exposure.

Key Takeaways

• Montana renters have the right to written lead disclosure and information if renting homes built before 1978.
• Landlords must keep rentals safe and address lead hazards under state and federal law.
• For unresolved issues, renters can contact health authorities or the Montana District Court for help.

Need Help? Resources for Renters

• EPA Lead Information – official lead overview and safety tips
• Montana DPHHS Lead Poisoning Prevention Program – state resources for lead poisoning prevention, including testing
• Montana Housing – Renters' Rights and Resources
• Montana District Court – file or resolve rental disputes, landlord-tenant issues
• Montana Residential Landlord and Tenant Act – the main state law on rental rights

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1. Environmental Protection Agency (EPA), Lead-Based Paint Disclosure Rule
2. Montana Code Annotated – Montana Residential Landlord and Tenant Act
3. Montana Department of Public Health and Human Services, Lead Poisoning Prevention
4. Montana Judicial Branch, District Courts for Residential Tenancies

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