Lead Paint Disclosure Rules for Renters in West Virginia

Moving into a new rental home in West Virginia brings important questions about health, safety, and legal protections. If you’re renting a property built before 1978, there are federal and state requirements ensuring you get vital information about lead-based paint hazards. Understanding these lead disclosure rules is key for your protection and peace of mind as a renter in West Virginia.

When Lead Paint Disclosures Are Required

Every landlord in West Virginia must comply with federal EPA regulations for lead-based paint disclosure if the unit was built before 1978. Lead can be especially dangerous for children and pregnant women. Disclosures help you make informed decisions about your safety and potential risks.

• Your landlord must provide information about any known lead-based paint or lead hazards before you sign your lease.
• You must receive an official pamphlet called “Protect Your Family From Lead in Your Home.”
• This rule applies to almost all residential rental properties built before 1978, with some exceptions (for example, short-term rentals less than 100 days).

What Landlords Must Disclose

Federal and state law require landlords to:

• Disclose all known information about the presence of lead-based paint and hazards in the property.
• Provide a Lead-Based Paint Disclosure Form to you prior to signing the lease.
• Give you a copy of the EPA pamphlet about lead safety.

Official Disclosure Forms for West Virginia Rentals

• Lead-Based Paint Disclosure Form (EPA Form 747-K-099-001)
  When and how it's used: This form must be completed and signed by the landlord and you (the renter) before the lease is finalized. It confirms whether the landlord knows of any lead-based paint in the home and what information has been shared.
  View EPA Lead Disclosure Form and Instructions (PDF)
• Protect Your Family From Lead In Your Home Pamphlet (EPA 747-K-94-001)
  When and how it's used: Landlords must hand you this pamphlet when renting any property built before 1978. It outlines steps for safety and what to do if you suspect lead.
  View the EPA Lead Safety Pamphlet

If your landlord fails to provide these forms and disclosures, they may be in violation of federal law, and you may have legal remedies.

Your Rights If Disclosures Are Not Provided

As a renter, you have the right to receive full, truthful information before moving into a rental unit. If your landlord neglects to provide the required disclosures or the EPA pamphlet, you may:

• Request the documents in writing before signing the lease.
• Report non-compliance to the U.S. Department of Housing and Urban Development (HUD) or the U.S. Environmental Protection Agency (EPA) Lead Program.
• Potentially have legal rights to damages if you are harmed due to lack of disclosure.

What To Do If You Suspect Lead Hazards

If you think there’s a lead hazard and your landlord hasn’t disclosed it, you can:

• Ask your landlord directly for a copy of any past inspections.
• Use an independent, certified professional to inspect the rental for lead (especially if you notice peeling paint or dust).
• Contact state or federal agencies if you have concerns about your landlord’s compliance.

Relevant West Virginia Legislation and Where To Get Help

There is no standalone West Virginia state law specific to residential lead disclosure; landlords in the state must follow the federal Lead-Based Paint Disclosure Rule as outlined by the EPA and HUD.

If you need to file a complaint or seek help, the main departments are:

• West Virginia Department of Health and Human Resources – Lead Program
• U.S. EPA Lead Program
• U.S. Department of Housing and Urban Development (HUD) – Healthy Homes

There is no specific landlord-tenant tribunal in West Virginia; rental disputes are generally heard in local West Virginia Magistrate Courts.

Frequently Asked Questions (FAQ)

1. Do all West Virginia rentals require lead paint disclosure?
   Only rentals built before 1978 require lead-based paint disclosure forms and pamphlets. Rentals built after 1978 are exempt.
2. What should I do if my landlord won’t give me lead disclosure paperwork?
   Request the disclosure in writing. If they refuse, contact the EPA or HUD, or seek advice from West Virginia’s Department of Health and Human Resources Lead Program.
3. Can I break my lease if I discover a lead hazard that wasn’t disclosed?
   You may have legal grounds if required disclosures were not provided. Consult a local attorney or seek guidance from a tenant support resource before acting.
4. Where can I get official lead hazard disclosure forms for West Virginia?
   The required EPA form can be downloaded from the EPA Lead Disclosure page for use in West Virginia.

Key Takeaways for Renters

• Rentals built before 1978 in West Virginia must provide you with lead paint disclosure forms and a lead safety pamphlet before lease signing.
• Ask for these documents if you haven’t received them, and know your rights to report non-compliance.
• Health and safety should always come first—contact state or federal resources for guidance as needed.

Need Help? Resources for Renters

• West Virginia Department of Health and Human Resources – Lead Program: Guidance and complaint intake for suspected hazards.
• West Virginia Magistrate Courts: Handles rental disputes if you need legal remedy.
• U.S. EPA Lead Resources: National guidance, law, and complaint process.
• HUD – Healthy Homes Enforcement: Report violations and get info on renter protections nationwide.

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1. EPA Lead-Based Paint Disclosure Rule Overview
2. Lead-Based Paint Disclosure Form (EPA Form 747-K-099-001)
3. Protect Your Family From Lead In Your Home Pamphlet
4. WV DHHR Lead Program
5. West Virginia Magistrate Courts

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