Virginia Renters: Lead-Based Paint Safety and Legal Rights

Protecting your family from lead-based paint hazards is especially important if you’re renting a home or apartment in Virginia that was built before 1978. Exposure to lead dust or paint chips can cause lasting health problems, particularly for children and pregnant women. Understanding your rights and legal protections under Virginia law can help you keep your home a safe place to live.

What Is Lead-Based Paint and Why Does It Matter?

Lead-based paint was commonly used in homes built before 1978. Over time, this paint can peel, chip, or create dust that becomes dangerous when inhaled or ingested. The dangers are most severe for young children and pregnant individuals, making prompt action crucial.

Your Landlord’s Duties in Virginia

Virginia law and federal regulations require landlords to address known lead-based paint hazards and to provide renters with critical information about potential risks in their unit. Landlords must:

• Disclose known lead-based paint and hazards before you sign or renew your lease for any property built before 1978.
• Provide a copy of the EPA booklet Protect Your Family from Lead in Your Home to all renters.
• Maintain the property and address chipping, peeling, or deteriorating paint that might expose tenants to lead hazards, per Virginia's Residential Landlord and Tenant Act Section 55.1-1220.

If you believe your landlord is not meeting these obligations, you have the right to take action and seek support.

Required Disclosure Forms for Virginia Renters

The main legal forms that protect you as a renter include:

• Lead-Based Paint Disclosure Form:
  • Name & Number: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (no specific number)
  • When used: Before signing a lease for any property built before 1978, landlords must give you this form. It outlines any known lead risks and states if reports or records are available.
  • Where to get it: Download the official Lead-Based Paint Disclosure form from HUD.
  • Example: If you’re about to rent a 1965 apartment, ask your landlord for this form. Read it carefully and keep it for your records.
• EPA Information Booklet:
  • Name: Protect Your Family from Lead in Your Home (EPA-747-K-12-001)
  • When used: Landlords must supply this booklet when you receive your lease and disclosure form.
  • Where to get it: View or download the EPA Lead Booklet.
  • Example: If you did not receive this along with your lease, you can request it from your landlord or download it directly from the EPA.

What You Should Do If You Suspect Lead Hazards

If you think there is peeling or chipping paint in your apartment, or if you are concerned about lead exposure, follow these steps:

• Document the problem by taking photos or videos of the issue.
• Notify your landlord in writing and request repairs.
• If you do not get a timely or satisfactory response, you may contact your local health department for a lead inspection or contact the Virginia Department of Housing and Community Development for tenant support.
• Keep records of all your communications and repair requests.

For more on court processes, visit the Virginia General District Court website.

Relevant Virginia Law

Your protections and landlord obligations are covered under the Virginia Residential Landlord and Tenant Act. This Act explains your rights related to property conditions, repairs, and remedies when landlords do not meet their obligations¹.

Summary

Virginia renters in older homes are legally entitled to vital lead safety disclosures and repairs. Taking clear, informed steps helps protect your health and your rights as a tenant.

FAQ: Lead-Based Paint Hazards and Virginia Renters

1. Do all renters in Virginia receive lead-based paint disclosures?
   If you are renting a unit built before 1978, your landlord must give you the disclosure form and EPA booklet before you sign a lease. Newer homes are exempt from this rule.
2. What should I do if I find peeling paint in my rental home?
   Take photos and notify your landlord right away in writing. Request repairs and keep copies of all your communication for your records.
3. What if my landlord refuses to fix a known lead hazard?
   If your landlord does not address the issue, contact your local health department or file a complaint with the Virginia General District Court to seek remedy under state law.
4. Are landlords required to remove all lead paint?
   Landlords are not required to remove all lead paint, but they must repair deteriorating paint and disclose known risks. Safe maintenance is required to prevent hazard exposure.
5. Where can I get help if I have questions about my rights?
   Contact the Virginia Department of Housing and Community Development or refer to the resources below for guidance and support.

Conclusion

• Virginia law protects renters by requiring landlords to disclose and repair lead-based paint hazards in older homes.
• Always request and review the proper forms and information before signing a lease on properties built before 1978.
• If you notice possible lead hazards, document and report them to your landlord, and seek official help if repairs are not made promptly.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development – Fair Housing Resources
• Virginia Department of Health – Childhood Lead Poisoning Prevention
• EPA Lead Information (national guide for renters and landlords)
• Virginia General District Court – Civil Division (handles rental disputes and tenant complaints)

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1. Virginia Residential Landlord and Tenant Act
2. EPA: Real Estate Lead Disclosure
3. HUD: Lead Disclosure Rule

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