Ohio Renters: Lead Paint Safety & Your Rights

Lead-based paint hazards are a serious concern for many Ohio renters, especially in homes built before 1978. Exposure to lead can cause major health problems, particularly for children and pregnant women. If you're renting in Ohio, it's important to know your rights and what steps you can take to protect your family.

Understanding Lead-Based Paint Hazards in Ohio Rentals

Lead-based paint was commonly used in homes up until 1978. When this paint peels, chips, or creates dust, it can pose a serious health risk. Children exposed to lead may experience learning difficulties, developmental delays, and other health issues. As a renter, you have legal protections under federal and state law requiring landlords to address these dangers.

Landlord Duties and Disclosure Requirements

For most rental properties built before 1978, landlords are required under the federal Lead-Based Paint Disclosure Rule and Ohio state law to:

• Provide an EPA-approved lead hazard information pamphlet ("Protect Your Family from Lead in Your Home") before you sign a lease
• Disclose any known lead hazards or reports about lead in the property
• Include a "Lead Warning Statement" and disclosure form with your lease (sample: HUD Lead Disclosure Form)

If your landlord fails to meet these requirements, you may have legal options, including the right to cancel your lease or seek damages.

Ohio Tenant Rights and Lead Hazard Response

Under the Ohio Revised Code Section 5321.04, landlords must maintain their properties "fit and habitable," which includes addressing lead hazards. If you suspect lead is present, you have the right to:

• Request an inspection for lead hazards
• Ask your landlord to fix or remediate lead hazards within a reasonable time
• Escrow your rent through your local municipal or county court if the hazard is not fixed

These steps help ensure your safety while protecting your rights as a tenant.

Key Forms and How to Use Them

• HUD Lead Disclosure Form (Form No. 9548-E): Used for all leases and sales of pre-1978 properties. You should receive and sign this form at the start of your tenancy. View and download the HUD Lead Disclosure Form.
• Ohio Rent Escrow Form: If your landlord fails to address a lead hazard after written notice, you can file this form with your local municipal or county court and pay your rent into escrow instead of to your landlord. Review sample rent escrow forms on the Cleveland Municipal Court website.

To use the Rent Escrow Form: First, send your landlord a written notice about the lead hazard (keep a copy for your records). If the hazard isn't fixed within 30 days (or a reasonable time for urgent issues), take your written notice and completed Rent Escrow Form to your local court to start the escrow process.

How to Report Lead Hazards in Your Rental

If your landlord doesn't respond, you can file a complaint with your local health department. They can inspect your unit and potentially order your landlord to remediate any lead hazards. Find your local health department using the Ohio Department of Health directory.

FAQ: Ohio Renters and Lead-Based Paint

1. What if my landlord did not give me a lead disclosure form?
   You can raise this issue with your landlord and request the form. If they refuse, you may contact the Ohio Department of Health's Lead Program or your local court for renter protections.
2. How do I start rent escrow if my landlord won't fix lead hazards?
   First, provide your landlord written notice about the problem. If it's not fixed, bring your written notice and the Ohio Rent Escrow Form to your local court.
3. Can I break my lease if there is a lead hazard?
   If your landlord fails to address a serious lead hazard, you may have grounds to terminate your lease under Ohio law. Consult your local legal aid or court for specific steps.
4. Where do I file lead hazard complaints in Ohio?
   Contact your city or county health department through the Ohio Health Department directory.
5. Who enforces tenant rights in Ohio?
   Residential tenancy matters are handled by Ohio's municipal and county courts. Major disputes or rent escrow issues often go through your local court's housing or civil division. See the Ohio Municipal Courts directory.

Key Takeaways for Ohio Renters

• Landlords must disclose known lead paint hazards in most pre-1978 rentals.
• You have a right to safe housing and can take action if hazards are not addressed.
• Use official forms and contact your local court or health department for help if needed.

Staying informed empowers you to protect your family's health and uphold your rights as a renter.

Need Help? Resources for Renters

• Ohio Department of Health – Lead Program: Education, complaint forms, and support for lead hazard issues
• Ohio Municipal Courts Directory: How to find your local court for rent escrow and tenancy disputes
• HUD Lead Paint Disclosure Requirements: Federal information about your rights
• Legal Aid Services – Ohio: Free or low-cost legal advice for renters (check local listings for available providers)

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1. Ohio Revised Code Section 5321.04: Landlord Obligations
2. EPA Lead-Based Paint Disclosure Rule
3. HUD Lead Disclosure Program
4. Ohio Department of Health: Lead Program

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