Lead Paint Hazards in Texas Rentals: What Renters Need to Know

Lead-based paint remains a serious health concern in Texas, especially for renters in older homes. If your rental was built before 1978, federal and state regulations are designed to help protect you and your family from lead exposure. Knowing your rights—and what your landlord must do—can help you keep your home safe and healthy.

Understanding Lead-Based Paint Hazards in Texas Rentals

Lead exposure, commonly from paint, dust, or soil in older buildings, can be especially dangerous for children and pregnant women. Federal laws require landlords to follow certain procedures if the rental property was built before 1978. In Texas, these guidelines are enforced alongside state habitability standards to safeguard tenants' health.

Your Landlord's Lead Disclosure Obligations

If you're renting a property built before 1978, federal law says your landlord must:

• Disclose all known information about lead-based paint and hazards before you sign your lease
• Give you an EPA-approved lead hazard information pamphlet
• Include specific lead warning language in the lease and get signed disclosures

These rights are guaranteed under the Lead-Based Paint Disclosure Rule and Texas health and safety codes.^[1]

The Official Disclosure Form: Protect Your Family from Lead

Your landlord should provide you the following form before you move in:

• Form Name: Lead-Based Paint Disclosure Form (for Rentals of Target Housing)
• When Used: Provided and signed before you sign a lease for a home built before 1978
• Official Source: EPA Lead-Based Paint Disclosure Form

Texas Health and Safety Standards for Rental Units

Besides federal law, Texas requirements under the Texas Property Code Chapter 92 set basic expectations for a safe and habitable rental. While Texas does not require lead testing in all situations, a landlord must repair known conditions that affect physical health or safety—including peeling or chipping paint that could pose a lead risk.^[2]

Action Steps for Texas Renters Facing Lead Hazards

If you discover or suspect lead hazards in your Texas rental:

• Check if your unit is covered (built before 1978)
• Review any disclosure forms you received at move-in
• Politely request lead-based paint information from your landlord if you didn't receive it
• If peeling or deteriorated paint is present, notify your landlord in writing and request repairs

If a landlord doesn't respond, you may file a complaint with local health authorities or the Texas Department of Housing and Community Affairs (TDHCA). For guidance, you can also contact the U.S. Environmental Protection Agency (EPA) lead hotline.

Where Can Texas Renters Turn for Disputes?

Texas does not have a dedicated tenant tribunal. Most disputes are handled by local Justice of the Peace Courts, which oversee landlord-tenant cases, including repairs impacting health and safety.^[3]

FAQs about Lead-Based Paint and Texas Rental Rights

1. Do landlords in Texas always have to test for lead?
   Not always. Landlords of homes built before 1978 must disclose known lead hazards, but routine testing isn't required unless specific dangers exist or repairs expose lead paint.
2. What if my landlord did not give me the lead disclosure form?
   You may ask your landlord for this form. If they refuse, you can report the issue to the EPA or local authorities and seek legal recourse.
3. Can I break my lease if my rental has lead paint hazards?
   Under Texas law, if a landlord fails to make necessary repairs that impact health and safety—like fixing deteriorated lead paint—you may have options like repair-and-deduct or lease termination after providing written notice. Always document communications and consult official guidance.
4. How do I file a complaint about lead hazards?
   You can contact your local health department or the TDHCA for guidance; serious violations may be reported directly to the EPA.
5. Where can I access official forms for my situation?
   The EPA provides the standard Lead-Based Paint Disclosure Form, and additional tenant resources are available via the TDHCA and local county courts.

Key Takeaways for Texas Renters

• Texas landlords must disclose known lead hazards in pre-1978 rentals and provide official forms.
• You have the right to a safe and habitable home—persistent lead hazards should be reported.
• Justice Courts can address unresolved repair or habitability disputes affecting your health.

Staying informed and acting early can help prevent serious health problems from lead exposure.

Need Help? Resources for Renters

• U.S. EPA Lead Resources (federal laws, reporting violations)
• Texas Department of Housing and Community Affairs (TDHCA) – official rental resources, health standards, complaint info
• Texas Justice Courts – dispute resolution for tenant–landlord issues
• Texas Property Code Chapter 92: Residential Tenancies
• EPA Lead-Based Paint Disclosure Form

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1. See EPA Lead-Based Paint Real Estate Disclosure (Title X, Section 1018 and EPA regulations 40 CFR Part 745 Subpart F)
2. Texas Property Code Chapter 92: Residential Tenancies
3. Texas Justice Court System – Landlord and Tenant Cases

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