Montana Lead Paint Disclosure Rules for Renters

Understanding lead paint and hazard disclosure rules in Montana is crucial for renters moving into older rental homes. Federal and state regulations exist to protect renters from the dangers of lead-based paint—especially in properties built before 1978. This article explains your rights, the forms landlords must provide, and what to do if you have concerns about lead paint hazards in your new Montana rental.

Why Are Lead Paint Disclosures Important for Renters?

Lead-based paint, once commonly used in homes, poses significant health risks, especially to children and pregnant individuals. Exposure can lead to serious medical issues. As a renter, you have the right to know if lead paint is present or has been removed in your rental unit.

Who Must Provide Lead Paint Disclosures in Montana?

If your rental property was built before 1978, the landlord is legally required to give you specific lead paint information before you sign the lease. This requirement follows both federal law and Montana regulations.

• Applies to most rental properties built before 1978
• Includes houses, apartments, and some condos
• Short-term leases (under 100 days) and certain types of housing (like zero-bedroom units) may be exempt

You can verify building age on your lease, by asking your landlord, or using county property records.

Required Lead Paint Disclosure Forms and Documents

Landlords must give renters the following official forms at or before lease signing:

• Lead-Based Paint Disclosure Form (EPA Form)
  Download the EPA Lead-Based Paint Disclosure Form
  When and How Is It Used?
  Landlords must fill out this form for each rental unit built before 1978. As a renter, you will receive this document before you sign your rental agreement. You must also sign it, confirming you've been informed.
  Example: Before moving into a Missoula apartment from 1950, your property manager hands you the disclosure form and an informational booklet. You both sign the form, which is then kept as part of your lease file.
• "Protect Your Family From Lead in Your Home" Brochure
  View the EPA Official Lead Safety Brochure
  When and How Is It Used?
  By law, landlords must provide this government educational booklet along with the disclosure form, ensuring renters understand the risks and steps for lead safety.

For complete guidance, visit the EPA's Lead-Based Paint Disclosure Rules for Renters.

Your Landlord's Disclosure Duties

• Tell you of any known lead-based paint hazards
• Share any reports or inspection records related to lead in the unit
• Have you sign the lead paint disclosure acknowledgment before lease start

What If the Landlord Did Not Disclose Lead Paint?

If your landlord skipped these legal steps, you have the right to raise the issue. Lack of disclosure can trigger lease violations and potential legal action.

Filing a Complaint

For non-compliance, renters can:

• File a formal complaint with the EPA Montana Office
• Report to Montana's local county health department
• Seek action through Montana state courts, referencing the Montana Residential Landlord and Tenant Act

Which Montana Rental Laws Apply?

The main law governing rental housing in the state is the Montana Residential Landlord and Tenant Act of 1977. Federal law for lead paint disclosures can also be found in Title X, Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act.^[1][2]

Enforcement is through state courts. There is no dedicated landlord-tenant tribunal in Montana, but the Montana Judicial Branch oversees housing cases.

Summary: Montana Renter Lead Paint Rights

Montana renters in homes built before 1978 are legally entitled to:

• Receive a lead paint disclosure and EPA brochure before lease signing
• Be told of any known lead hazards or past inspection results
• Take action if these rules are not followed

Frequently Asked Questions (FAQs)

1. What if I signed a lease but did not receive a lead paint disclosure?
   If you moved into a rental built before 1978 and did not receive proper disclosures, you can contact your landlord to request them. If your landlord refuses, report to the EPA or your local Montana health department.
2. Are all Montana rentals required to provide lead paint disclosures?
   No. Only rentals built before 1978 must provide lead paint disclosures. Certain types of units, like short-term and zero-bedroom rentals, may be exempt.
3. Is there a cost for renters to get a lead paint inspection?
   If you want additional testing, you may pay for private lead inspections yourself unless otherwise agreed with your landlord. The landlord must still provide disclosures but is not required to arrange or pay for testing unless repairs are needed.
4. Where can I report unsafe lead conditions in my rental?
   In Montana, contact your local health department or the EPA Region 8 Montana Office. You may also notify the Montana Department of Environmental Quality for state assistance.
5. Do lead paint rules apply if I renew my lease?
   If you renew or extend your lease at the same property, the landlord must provide updated disclosures only if there is new information about lead hazards.

Conclusion: Key Takeaways for Montana Renters

• Renters in Montana have the right to full disclosure about lead paint hazards if the unit was built before 1978.
• Landlords must provide an EPA-approved disclosure form and safety brochure before you sign the lease.
• If you’re missing required disclosures, take action: ask your landlord, contact agencies, or seek legal support.

Knowing your lead paint rights ensures a safer, healthier living environment as you move into your new Montana rental.

Need Help? Resources for Renters

• Montana Department of Environmental Quality – Lead Program: Safe housing advice, complaint process.
• EPA Montana Office: Federal enforcement and complaint information.
• Montana Judicial Branch: Tenant-landlord legal matters and small claims.
• Montana Residential Landlord and Tenant Act of 1977: Official tenancy legislation.

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1. "Lead-Based Paint Disclosure Rule for Rental Housing and Real Estate Sales." U.S. EPA. EPA's disclosure requirements
2. "Montana Residential Landlord and Tenant Act of 1977." Montana Legislative Services. Montana tenancy law

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