Virginia Lead Paint Disclosure Rules for Renters

If you're moving into a rental property in Virginia—especially an older home—understanding the state's lead paint and hazard disclosure rules is crucial for your safety and peace of mind. Virginia law requires landlords to provide renters with specific disclosures about lead-based paint hazards, protecting tenants and their families from harmful exposure. This article walks you through your rights, common forms, and the key steps to take when dealing with potential lead paint risks.

Why Lead Paint Disclosure Matters

Lead-based paint was commonly used in homes built before 1978. Exposure to lead, especially in children or pregnant women, can lead to severe health problems. Because of this, both federal law and Virginia rules require landlords to inform renters about known lead paint hazards in certain properties.

When Disclosures Are Required in Virginia

Virginia and federal law require landlords to make these disclosures if a rental home was built before 1978. The rules apply to most residential rentals, with a few exceptions, such as housing for seniors (unless a child under 6 will live there), short-term rentals (less than 100 days), or certain university housing.

• Landlords must give renters the official pamphlet, "Protect Your Family from Lead in Your Home."
• They must also provide a lead disclosure form stating any known hazards or reports.
• The disclosure must happen before the renter signs or renews the lease agreement.

Required Lead Disclosure Forms

The federal government provides key forms that must be used for compliance. Virginia follows these requirements closely.

• Lead-Based Paint Disclosure Form (EPA Form 9600-041):
  • When used: For any lease of residential property built before 1978, landlords must complete and provide this form to renters before lease signing.
  • Example: If you're renting a 1965-built apartment, your landlord gives you this form detailing any known or suspected lead paint hazards.
  • Download the Lead-Based Paint Disclosure Form (EPA)
• Pamphlet "Protect Your Family from Lead in Your Home":
  • When used: This must be given to renters before the lease if the property was built before 1978.
  • Example: You're about to sign a lease for a historic townhouse. The landlord provides you this pamphlet along with your rental application packet.
  • Access the EPA Lead Safety Pamphlet

What the Disclosure Form Covers

The Lead-Based Paint Disclosure Form includes:

• A statement by the landlord about any known lead-based paint or hazards in the unit
• Records or reports available to the landlord about such hazards
• Signatures from both landlord and renter

Virginia Law on Lead Disclosures – Your Rights

Under the Virginia Residential Landlord and Tenant Act and federal standards, you have the right to receive:

• Proper notification if any lead-based paint hazards are known or suspected
• Your own copy of all reports and pamphlets concerning lead paint in the home
• Legal recourse if the landlord fails to disclose these hazards

If you did not receive these disclosures, you may notify your landlord and request copies. If the landlord still does not comply, you may have grounds to file a complaint with state authorities or seek guidance from the Virginia landlord-tenant board.

Official Tribunal & Legal Oversight

Lead paint and rental disputes in Virginia are overseen by your local General District Court, which handles residential tenancy matters. For landlord-tenant disputes and housing complaints, you can also contact the Virginia Department of Housing and Community Development.

What To Do If You Suspect Lead Paint Risks

If you believe your unit may have lead paint hazards and disclosures were not provided:

• Request the disclosure form and pamphlet from your landlord
• Document your communication for your records
• Contact the Virginia Department of Housing and Community Development for assistance
• Report the issue to the local health department if you think there's an immediate risk

Virginia tenants can also reach out to legal aid resources for further support (see below).

FAQ: Virginia Lead Paint Rental Disclosures

1. Do all Virginia rentals require a lead paint disclosure?
   No, only units built before 1978 require this disclosure. Newer properties are exempt.
2. What should I do if I never received a lead paint disclosure?
   Request the documents in writing from your landlord. If they still don't provide them, contact the Virginia Department of Housing and Community Development for help.
3. Is my landlord required to remove lead-based paint?
   The law requires disclosure of known hazards, not removal. However, if there is a significant risk, local health authorities may require remediation.
4. Can I break my lease if I find lead paint hazards?
   If your landlord fails to disclose known hazards and your health is at risk, you may have options, but it's best to consult the General District Court or legal aid first.
5. Where can I find the official Virginia form for lead paint disclosures?
   The required form is the EPA Lead-Based Paint Disclosure Form, used statewide. You can download it here.

Key Takeaways

• Virginia landlords must provide a lead paint disclosure and EPA safety pamphlet for rentals built before 1978
• If these forms are not provided, renters should request them promptly and contact state housing authorities if needed
• For unresolved lead hazard issues, renters have the right to escalate complaints to state agencies or seek legal help

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development – Guidance on landlord-tenant laws
• Virginia General District Court – Handles rental disputes and claims
• Virginia Department of Health – Lead Information
• Virginia Legal Aid – Legal help for qualifying renters
• EPA Lead Disclosure Rules for Renters

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1. Virginia Residential Landlord and Tenant Act: View the full text
2. EPA Lead Disclosure Requirements: Learn more at the EPA site
3. Official Lead-Based Paint Disclosure Form: Download here
4. Virginia Department of Health – Lead Program: Program information

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