Lead Paint Disclosure Rules for North Dakota Renters

If you’re renting a home or apartment in North Dakota—especially if it was built before 1978—it’s important to know your rights regarding lead-based paint and hazard disclosures. Lead paint can pose serious health risks, especially for children and pregnant women. Both federal law and North Dakota state rules require landlords to inform renters about the presence of lead-based paint hazards before you sign a lease or move in.

Understanding Lead Paint Disclosure Requirements

Federal law applies to all residential rental properties built before 1978. Landlords must provide specific lead paint disclosures to keep renters informed and safe. There are also state tenant rights and landlord obligations you should be aware of under North Dakota's Landlord and Tenant Act.^[1]

What Landlords Must Do Before You Move In

• Provide an EPA-approved information pamphlet called "Protect Your Family from Lead in Your Home." This brochure explains lead risks and how to protect against exposure. Get the official pamphlet from the EPA.
• Disclose known information about lead-based paint hazards in the property. This includes any records or reports about lead hazards.
• Complete and share the Lead-Based Paint Disclosure Form (see below) with your lease or rental agreement. The form needs signatures from both landlord and tenant.

These disclosures must be provided before you become obligated under a lease.

Official Lead-Based Paint Disclosure Form

The most important document for this process is the federal government’s “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards.”

• Form Name: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
• Form Number: No formal number (federal EPA/HUD form)
• Where to Find: Download the official form from HUD.gov
• When Used: You should receive and sign this form before being bound by any rental contract for a home or unit built before 1978.
• Practical Example: If you are about to rent an apartment built in 1965, your landlord must give you this disclosure form along with the EPA pamphlet. You should read and sign them before signing your lease.

What Happens If Disclosures Aren’t Provided?

If your landlord does not provide the required lead paint disclosures before you move in, they could be held liable for damages and penalties under federal law. You may also have rights to break the lease or request formal remedies under federal or state law. For formal complaints, contact the U.S. Environmental Protection Agency (EPA) or your local health department.

Your Rights Under North Dakota Law

While the key requirements around lead paint come from federal law, North Dakota’s tenancy regulations also protect your right to safe and healthy housing. The main law is the North Dakota Century Code, Chapter 47-16: Landlord and Tenant Act.^[1] This law outlines basic duties for landlords, including the responsibility to maintain safe premises.

• For questions on rental inspections or disclosures, you can reach out to the North Dakota Department of Health - Environmental Health Section.
• If you need to pursue a dispute, the court that handles rental housing cases is North Dakota District Court in the county where your rental is located.

Action Steps for North Dakota Renters

• Check the year your building was constructed. If built before 1978, expect to receive lead paint disclosures before moving in.
• Ask your landlord directly for the Lead-Based Paint Disclosure Form and EPA pamphlet if not automatically provided.
• Keep copies of all disclosure documents and your signed lease for your records.
• Report concerns about lead hazards to your local health department or the EPA if you believe proper disclosures were ignored.

FAQs About Lead Paint Disclosures in North Dakota

1. Do lead paint disclosure laws apply to all North Dakota rentals?
   Lead paint disclosure is required for most housing built before 1978, with some exceptions like zero-bedroom units or short-term rentals.^[2]
2. What if my landlord didn’t give me a lead paint disclosure form?
   If you did not receive a disclosure and your unit was built before 1978, ask your landlord immediately in writing. If the problem isn’t fixed, contact the EPA or your local legal aid office for further help.
3. Where do I get the lead paint disclosure form?
   You can download it from HUD.gov or request it from your landlord.
4. Can I break my lease if there’s a lead paint hazard?
   Possible remedies may include lease termination if the landlord fails major safety duties, but you should get legal advice and document all issues before making this decision.
5. Who handles tenant-landlord disputes in North Dakota?
   Residential tenancy cases are generally handled by the North Dakota District Court.

Key Takeaways for North Dakota Renters

• Landlords must give renters a lead paint disclosure and an EPA-approved pamphlet before renting units built prior to 1978.
• Always keep copies of signed disclosures as part of your rental records.
• If you have concerns about missing disclosures, local health departments and the EPA can help.

Need Help? Resources for Renters

• North Dakota Department of Health: Lead Program – Information and local contacts for environmental and rental lead issues
• U.S. EPA Lead Hotline – File a complaint or get advice on federal lead paint law
• HUD Healthy Homes – Tenant Complaint – Submit a tenant complaint concerning health hazards
• North Dakota Landlord and Tenant Law – Read full state rental rights
• North Dakota District Court Locations – For formal legal disputes

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1. North Dakota Century Code, Chapter 47-16: Landlord and Tenant
2. EPA: The Lead-Based Paint Disclosure Rule

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