Lead Paint Hazards: NH Tenant Rights & Landlord Duties

If you rent a home or apartment in New Hampshire, it's vital to understand your rights when it comes to lead-based paint hazards. Lead exposure, especially in children, can cause serious health problems. In New Hampshire, there are clear laws to help protect you and your family, especially if you live in an older building. This guide explains what lead hazards are, your landlord’s responsibilities, and how you can take action to keep your home safe and healthy.

Understanding Lead-Based Paint Hazards

Lead-based paint is most likely found in homes built before 1978. Dust or chips from aging paint can contaminate floors, windowsills, and soil, posing significant health risks—particularly to children and pregnant women. Risks include learning disabilities, developmental delays, and other serious conditions.

Your Rights as a Renter in New Hampshire

Both federal and New Hampshire laws require landlords to take specific steps and provide disclosures when renting out properties built before 1978:

• Landlords must provide tenants with an EPA-approved lead hazard information pamphlet before a lease is signed. This helps you understand the risks of lead exposure.
• They must disclose any known information about lead-based paint or hazards in the rental—in writing.
• Rental properties must comply with state sanitary and safety codes, including safe paint conditions.
• Landlords are required to address and correct lead hazards that put tenants, especially young children, at risk.

These protections are outlined in the New Hampshire Lead Paint Poisoning Prevention law (RSA 130-A) and under federal rules in the EPA’s Lead Disclosure Rule.¹

How to Recognize Lead Hazards in Your Rental

• Peeling, chipping, or chalking paint on windows, doors, and walls in homes built before 1978
• Dust or paint chips accumulating on floors or surfaces
• Children with signs of lead poisoning: stomach pain, developmental delays, irritability

Landlord Responsibilities & Enforcement

New Hampshire landlords must act if lead hazards exist, especially if a child under age six lives there. If an inspection confirms a lead hazard, the owner is obligated to remediate it following state guidelines.

For any unresolved issues, tenants may contact the New Hampshire Childhood Lead Poisoning Prevention Program (CLPPP) for guidance. Tenant-landlord disputes relating to repairs or unsafe conditions can also be addressed through the official dispute resolution body:

• New Hampshire Circuit Court – District Division oversees housing and landlord-tenant matters.

Requirements related to repairs and habitability are further covered under the New Hampshire Residential Rental Property law (RSA 540-A).²

Required Forms and How to Use Them

• Lead-Based Paint Disclosure Form (Federal)—Landlords must complete and provide this form before you sign a lease for a pre-1978 property. You can review the official template here (EPA sample form). Example: Before agreeing to rent a 1950s apartment, your landlord gives you this form to sign, disclosing any lead risks.
• Request for Inspection or Complaint Form—If you suspect unsafe conditions and your landlord does not respond, contact your local health officer or use the EHS-5: Request for Inspection/Complaint—NH DHHS form. Example: If peeling paint remains unrepaired after notifying your landlord, submit this form to prompt a state inspection.

What To Do If There’s a Lead Hazard

• Immediately notify your landlord, in writing, about your concerns and request repairs.
• If your landlord fails to act, file a complaint with your local code enforcement or public health office.
• Submit the EHS-5 form to the NH DHHS if hazards persist and your landlord isn’t responsive.
• If your health or safety is at risk, you may file a petition with the New Hampshire Circuit Court – District Division.

Frequently Asked Questions

1. What should I do if I suspect my rental has lead-based paint?
   If you see peeling paint in a pre-1978 home, notify your landlord right away in writing. Request repairs and consider submitting the EHS-5 form if you do not get a prompt response.
2. Are landlords legally required to tell tenants about lead paint?
   Yes. Landlords must give you an EPA information pamphlet and complete the Lead-Based Paint Disclosure form before you sign the lease for any property built before 1978.
3. Can I withhold rent if my landlord ignores a lead hazard?
   Withholding rent is a legal risk and is not always allowed. Contact your local health officer or seek guidance from the Circuit Court if repairs are not made.
4. How can I request an official inspection for lead in my rental?
   Use the NH DHHS EHS-5 Request for Inspection form and submit it to your local health officer or the state.
5. Who handles tenant-landlord disputes about unsafe rental conditions in New Hampshire?
   The New Hampshire Circuit Court – District Division hears cases involving habitability or landlord neglect.

Conclusion: Key Takeaways for Renters

• New Hampshire renters in older homes have the right to prompt lead hazard disclosure and repairs.
• Know the forms: Lead-Based Paint Disclosure, EHS-5 Request for Inspection.
• If needed, seek help from the NH Department of Health and Human Services or the New Hampshire Circuit Court – District Division.

Protecting your family starts with understanding your rights, knowing the warning signs, and acting early if there’s a potential lead hazard in your home.

Need Help? Resources for Renters

• NH Childhood Lead Poisoning Prevention Program – Information on lead testing, laws, and support
• EHS-5: Request for Inspection/Complaint form – File an official concern about unsafe conditions
• New Hampshire Circuit Court – District Division (Landlord-Tenant)
• EPA: Protect Your Family From Lead in Your Home

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1. New Hampshire Lead Paint Poisoning Prevention (RSA 130-A)
2. New Hampshire Residential Rental Property Law (RSA 540-A)

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