Tennessee Renters: Lead Paint Hazards and Your Rights
If you rent a home or apartment in Tennessee, knowing about lead-based paint hazards is crucial—especially if your building was constructed before 1978. Exposure to lead can seriously impact the health of children and adults. Understanding your rights and responsibilities under state and federal law can help keep your family safe.
What Is Lead-Based Paint and Why Does It Matter?
Lead was commonly used in paint until 1978. If you live in a home built before then, lead-based paint and dust might still be present. Lead exposure can cause lifelong health problems, especially for young children and pregnant individuals. Common sources include chipped paint, dust, and soil near building foundations.
Disclosure Requirements for Tennessee Landlords
Federal law requires landlords to provide renters with certain information whenever they lease housing built before 1978. In Tennessee, landlords must:
- Disclose the presence of known lead-based paint or hazards in the dwelling
- Provide renters with the EPA’s official pamphlet, "Protect Your Family From Lead In Your Home"
- Include a lead-based paint disclosure form in the lease agreement
These rules protect renters by ensuring you’re informed about potential lead exposures before signing a lease.
Lead-Based Paint Disclosure Form (EPA Form 9600-046)
Form Name: Lead-Based Paint Disclosure (EPA Form 9600-046)
When & How to Use: Before signing, your landlord should present this form. If you have not received this disclosure when renting a property built before 1978, you have the right to request it. If lead-based paint is known to be present, the form will state this and outline any mitigation steps taken. You can view or download the official form and EPA pamphlet at EPA Lead Disclosure Sample Forms and Templates.
Your Rights and Landlord Responsibilities
Both federal law and Tennessee landlord-tenant law require landlords to keep rental housing safe and habitable. Under the Tennessee Uniform Residential Landlord and Tenant Act, landlords must:
- Comply with all building and health codes affecting safety
- Repair peeling paint and remedy lead hazards upon your written notice
- Perform repairs in a safe manner that prevents spreading lead dust
If your landlord refuses, you may contact your local housing or health department for inspection or enforcement. Sometimes, you may have the right to withhold rent or make necessary repairs and deduct costs as outlined by state law (always follow legal steps and seek advice before doing this).
How to Address Suspected Lead Hazards in Your Rental
If you see peeling paint or suspect lead hazards, take the following steps to protect your household:
- Notify your landlord in writing about the issue and request repairs
- Document with photos and dated records
- Request your copy of the lead-based paint disclosure if you did not receive one
- If unresolved, contact your city or county local health department
- You can also contact EPA’s National Lead Information Center for information
When to File a Formal Complaint
If your landlord fails to respond or fix hazards, you may file a complaint with your local health department. In extreme cases, you may need to file an action in General Sessions Court under the Tennessee Uniform Residential Landlord and Tenant Act.
FAQ: Lead Paint Hazards for Tennessee Renters
- What should I do if my landlord won’t provide the lead-based paint disclosure?
If your home was built before 1978 and you weren't given the disclosure, request it in writing. If it's still withheld, contact your local health department or General Sessions Court for help. - Can I withhold rent if my landlord ignores lead paint problems?
You must first follow all legal notice and documentation requirements under Tennessee law. Seek legal advice before withholding rent to avoid accidental eviction proceedings. - Are all rental homes at risk for lead-based paint?
Only homes built before 1978 are presumed at risk. Newer properties are generally considered safe from lead-based paint hazards. - What if my child was exposed to lead in our rental?
Contact your pediatrician for medical testing and notify the local health department. They may initiate an inspection and require the landlord to abate hazards. - How can I get a home tested for lead?
Your local health department can advise you on certified inspectors and possibly offer low-cost or free testing, especially if there's a child under six in the home.
Key Takeaways for Tennessee Renters
- Landlords must disclose known lead hazards and provide you with an official EPA pamphlet in rentals built before 1978
- If you suspect a hazard, document issues and notify your landlord in writing
- You have the right to request official disclosures and support from state or local authorities
Need Help? Resources for Renters
- EPA's Lead Program: National information, health tips, and disclosure rules
- Tennessee Department of Health—Lead Poisoning Prevention: State lead safety info and contact numbers
- Tennessee State Courts (General Sessions Courts): Filing complaints and understanding the legal process
- HUD: Tennessee Lead Enforcement Contacts
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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