Lead Paint Safety Laws for Renters in New Mexico

Lead-based paint can pose serious health risks, especially to children and pregnant women. In New Mexico, renters have specific legal protections to help ensure their homes are safe from lead hazards. Understanding these rights is essential if your rental was built before 1978, when most lead-based paint was banned.

Understanding Lead-Based Paint Hazards

Lead paint can be found in homes built before 1978. When this paint deteriorates—chipping, peeling, or turning to dust—it creates a risk of lead poisoning. This can cause learning disabilities, nervous system damage, and other health issues, particularly for young children.

Your Rights as a Renter in New Mexico

Federal and New Mexico state laws require landlords to warn tenants about known lead-based paint hazards. If you rent a house or apartment built before 1978, you are entitled to:

• A federally required lead warning statement in your lease.
• Disclosure of any known information about lead-based paint or lead hazards in your rental unit.
• A copy of the official EPA pamphlet, "Protect Your Family From Lead in Your Home".

These disclosures are required before you sign your lease agreement. Landlords who fail to follow the rules may face penalties and be required to fix lead problems under state and federal law.^{[1](#footnote1)}

Recognizing Lead Paint Risks in Your Rental Home

If your home has peeling paint or visible dust—especially if children live there—it is important to raise this concern to your landlord and ask if the property has been checked for lead hazards.

Key Forms for Renters: Lead Disclosure in New Mexico

• Lead-Based Paint Disclosure Form (EPA/HUD Form)
  When to use: You should receive this form before signing a lease for any pre-1978 rentals. Ask for it if not provided.
  How it helps: It documents the building's lead hazard status and puts responsibility on the landlord to disclose known issues.
  View and download the official Lead Disclosure Form.

Practical example: If you’re about to sign a lease for an older rental and haven’t received the disclosure, request it, and the EPA pamphlet, from your landlord before proceeding. This safeguards your right to know about health risks in your home.

Filing a Complaint or Seeking Remedies

If your landlord fails to provide the required disclosures or you suspect unsafe lead conditions that are not addressed, you have options:

• Contact the New Mexico Lead Poisoning Prevention Program for inspection or guidance.
• File a written complaint with the New Mexico Mortgage Finance Authority or your local health department.
• If your landlord does not act after you notify them in writing, you may file a claim at your local court under the New Mexico Uniform Owner-Resident Relations Act.

Tip: Always keep written records of your requests, notices, and any responses from your landlord regarding lead hazards.

How the Housing Tribunal Can Help

In New Mexico, residential tenancy disputes—including those about health hazards—can be handled through local Magistrate or Metropolitan Courts. These courts oversee matters under the Uniform Owner-Resident Relations Act, which spells out landlord and tenant obligations, including safety standards.^{[2](#footnote2)}

FAQ: Lead Paint and Renter Protections in New Mexico

1. Do all rental homes in New Mexico require a lead paint disclosure?
   Only rental properties built before 1978 are subject to federal and state lead-based paint disclosure rules. Landlords of these properties must provide required forms and safety information.
2. What should I do if my landlord hasn't given me a lead disclosure?
   Ask for the disclosure and EPA pamphlet before signing the lease. If you already moved in, request the documents in writing and keep a copy. Seek help from state agencies if your landlord doesn't respond.
3. Who is responsible for fixing lead hazards?
   Landlords must repair paint hazards affecting tenant health and comply with all local and state housing codes. Tenants should notify landlords about visible lead paint risks right away.
4. Can I break my lease if there's a serious lead risk?
   If your home is unsafe and the landlord won't address the lead hazard, the law may permit you to end your lease with proper notice after giving them a reasonable opportunity to fix the issue. Consider getting legal guidance first.
5. Which official agency handles tenant complaints in New Mexico?
   Tenant-landlord health and safety matters are handled by the New Mexico Mortgage Finance Authority, county health departments, and local Magistrate/Metropolitan Courts under the Uniform Owner-Resident Relations Act.

Key Takeaways for Renters

• Ask for and keep copies of all lead paint disclosures before you sign a lease for a pre-1978 rental.
• Report any signs of deteriorating paint or suspected lead risk to your landlord immediately.
• If issues persist, state agencies and local courts provide support and enforcement options.

Need Help? Resources for Renters

• New Mexico Department of Health – Lead Poisoning Prevention Program
• U.S. EPA – Lead Information
• New Mexico Mortgage Finance Authority – Renter Resources
• New Mexico Courts Self-Help Resources
• Uniform Owner-Resident Relations Act (housing law)

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1. EPA, "Real Estate Disclosure for Lead Hazards"
2. New Mexico Legislature, "Uniform Owner-Resident Relations Act"

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