New Mexico Rental Lead Paint and Hazard Disclosure Laws

If you’re planning to rent a home or apartment built before 1978 in New Mexico, understanding lead paint and environmental hazard disclosures is crucial for your safety and your rights. Federal law requires landlords to inform renters about known lead-based paint or lead hazards. Knowing what disclosures to expect, and what forms to look for, can help you avoid health risks and protect yourself in case of disputes.

What Are Lead Paint Disclosure Laws in New Mexico?

Lead-based paint was commonly used in homes built before 1978. Due to serious health risks—especially for children—both federal and New Mexico state laws require landlords to give renters certain disclosures about lead hazards in these properties.

• Landlords must notify you if they know of any lead-based paint or lead hazards in the rental unit.
• They must provide you with the official lead hazard information pamphlet published by the U.S. Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD).
• This applies to almost all residential properties built before 1978, with a few limited exceptions.

Official Forms Required for Lead Paint Disclosure

Lead-Based Paint Disclosure Form

• Form Name: Lead-Based Paint Disclosure Form for Rental Properties
• When It's Used: Before you sign a lease, the landlord must use this form to tell you about any known lead-based paint or hazards in the property.
• Where to Find the Form: Download the English and Spanish versions directly from the U.S. HUD official site.
• Practical Example: If you're renting a house built in 1965, your landlord should give you this form before you sign the lease, indicating whether they know of any lead hazards.

Protect Your Family From Lead in Your Home Booklet

• Form Name: EPA/HUD/Consumer Product Safety Commission Pamphlet
• When It's Used: This guide must be given to you before you lease a property built before 1978.
• Where to Find the Pamphlet: Read or download it from the EPA’s official website.
• Practical Example: Your landlord provides this booklet along with your lease, helping you spot lead hazards and prevent lead exposure.

Legislation Protecting Renters

In New Mexico, renters’ rights related to disclosures are mainly protected by:

• Federal Lead-Based Paint Disclosure Rule (Title X Section 1018)
• New Mexico Uniform Owner-Resident Relations Act (Section 47-8-20), covering landlord obligations for disclosures and safe conditions

These laws guarantee that you receive all required hazard information before moving in. If you are not given what is required, you may have rights to break your lease or seek remedies under these statutes.

What Disclosures Must Your Landlord Provide?

• A detailed written disclosure of any known presence of lead-based paint and/or lead-based paint hazards in the rental property
• Copies of any records or reports about lead paint or hazards in the unit
• The official EPA/HUD lead hazard information booklet

Your landlord must also get your signature on the disclosure form. You should get a copy for your records.

What to Do if You Didn’t Receive Proper Disclosure

If your landlord did not provide the required lead paint disclosures or information:

• Contact your landlord in writing and request the official forms and information
• Keep a copy of all communications and your lease
• If you believe you are at risk or your landlord refuses to comply, contact the New Mexico Attorney General’s office or your local housing authority for further action

In some cases, you may also be able to file a complaint or take legal action if you experience harm due to undisclosed hazards.

The State Tribunal for Tenancy Issues

In New Mexico, residential tenancy disputes (including disclosure failures) are generally handled by the New Mexico Magistrate Court System. You can find forms, information on procedures, and contact details on their official website.

FAQ: Lead Paint and Hazards in New Mexico Rentals

1. What should I do if I suspect there is lead paint in my rental and wasn’t told?
   Notify your landlord in writing. Request the official disclosure form and EPA booklet. If they do not respond, you can report the issue to the New Mexico Attorney General or local housing authority.
2. Do all rental homes require a lead paint disclosure?
   Only homes built before 1978 require this disclosure. Newer homes are exempt, but it’s always wise to check the construction date of your rental.
3. Can I break my lease if my landlord did not provide the required disclosure?
   Under some circumstances, failing to provide lead hazard disclosure can be grounds for lease termination or pursuing legal remedies. Consult the New Mexico Uniform Owner-Resident Relations Act or speak to a tenant support service.
4. What health risks are connected to lead paint in homes?
   Lead exposure can cause serious health problems, especially for young children and pregnant women, including brain and nervous system damage.
5. Is an inspection required before renting in New Mexico?
   An inspection for lead isn’t legally required before renting, but landlords must disclose all known hazards. You can request an inspection or ask for past inspection reports if you’re concerned.

Summary of Key Points

• Landlords in New Mexico must provide written disclosure and the EPA guide if renting homes built before 1978.
• Use the official HUD disclosure form and confirm you receive the "Protect Your Family" booklet.
• If you weren’t given these disclosures, you have a right to request them and may have legal recourse if there’s a problem.

Being proactive about lead hazard disclosures protects your health and legal rights as a New Mexico renter.

Need Help? Resources for Renters

• HUD: Lead Paint Disclosure Enforcement Information
• EPA: Lead in Homes Information and Resources
• New Mexico Attorney General – File a Complaint
• New Mexico Magistrate Courts: Landlord-Tenant Self-Help Center

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1. EPA Lead Paint Disclosure Rule
2. New Mexico Uniform Owner-Resident Relations Act § 47-8-20
3. HUD Lead Disclosure Form for Rental Properties
4. EPA/HUD "Protect Your Family From Lead in Your Home" Booklet

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