West Virginia Renters: Lead Paint Hazard Laws & Your Rights

Living in a rental home in West Virginia should mean safety for your family, but lead-based paint hazards are a real concern—especially in older buildings. Understanding your rights and your landlord’s responsibilities around lead paint can help you protect your household’s health, particularly if you have young children. Here’s what every West Virginia renter should know about lead-based paint rules, health warnings, legal protections, and the steps you can take if you suspect a hazard.

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

Lead-based paint was commonly used in homes built before 1978. Exposure to lead paint dust or chips is especially dangerous for children and pregnant women, leading to serious health risks like developmental issues, learning disabilities, and other lifelong problems.

Your Lead Paint Rights in West Virginia Rentals

Both federal and West Virginia laws protect renters when it comes to lead-based paint hazards. Landlords must take steps to inform and protect tenants, especially in properties built before 1978.

• Lead Paint Disclosure: Landlords must provide tenants with an EPA-approved pamphlet about lead hazards and disclose any known lead-based paint or hazards in the property before signing a lease.
• Disclosure Form Requirement: The specific form used is the EPA “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” (No. EPA-747-K-99-001). This must be filled out for every rental or lease of a pre-1978 property. Find the official EPA disclosure form here.
• Written Records: Landlords must share any records or reports about lead-based paint findings or remediation.

Failure to provide this information means your landlord is not meeting their legal obligations under the federal Residential Lead-Based Paint Hazard Reduction Act and can face penalties.^[1]

What Are Landlords Required to Do?

• Provide lead disclosure forms and the EPA lead hazard pamphlet "Protect Your Family From Lead In Your Home" before lease signing.
• Disclose any known lead paint or hazards, and share any related reports.
• Keep records that the information was provided for at least three years.

West Virginia law also requires landlords to maintain rental properties in a safe, habitable condition—which includes taking reasonable steps to prevent and address environmental health hazards like lead.^[2]

Spotting Lead-Based Paint Hazards

Homes built before 1978 are most at risk. Signs of a lead paint hazard include peeling, chipping, or chalky paint; fine dust on windowsills and floors; or cracked surfaces in older homes.

• Children who live or frequently visit pre-1978 homes should be screened for lead poisoning routinely.
• Contact your local health department for free or low-cost lead testing if you’re concerned.

How to File a Complaint or Report a Lead Hazard

If your landlord does not address a serious lead hazard or fails to provide required disclosures, you have the right to file a formal complaint.

• Contact the West Virginia Residential Tenancy Information and Assistance program for guidance and referrals.
• File a lead hazard complaint directly with the EPA Region 3 – West Virginia Office or the WV Childhood Lead Poisoning Prevention Program.
• You can also pursue remedies under West Virginia’s Landlord-Tenant Laws if habitable conditions are not met.^[2]

Official Forms for Lead-Based Paint Disclosures

• EPA Lead Disclosure Form (EPA-747-K-99-001): Used by landlords to disclose known information about lead-based paint hazards before lease signing. View and download the official form.

Practical Example: If you’re moving into a pre-1978 apartment and your landlord doesn't give you the EPA disclosure form and pamphlet before you sign the lease, they're not following federal law. Ask for these documents. If they refuse, document your request in writing and consider contacting the EPA or your local health department.

FAQ: Lead-Based Paint Hazards for West Virginia Renters

1. What should I do if my landlord refuses to give me the lead paint disclosure form?
   If your rental home was built before 1978 and the landlord fails to provide the lead disclosure form and pamphlet, it’s a legal violation. Request them in writing and keep records. If still denied, contact the EPA, your local health department, or seek assistance from the West Virginia Residential Tenancy Information and Assistance Program.
2. Can I break my lease if there is a lead-based paint hazard?
   If a serious lead hazard makes the home unsafe and your landlord won’t fix it, you may have rights under West Virginia law to end your lease. Consult official sources or seek legal advice before taking this step.
3. Who enforces lead paint hazard laws for renters in West Virginia?
   Enforcement is mainly by the EPA and local health departments, but renters can also seek help from tenant assistance services or small claims court for habitability concerns.
4. Are landlords required to remove all lead paint from older homes?
   No, but they must disclose known lead-based paint and keep the property in safe, habitable condition. Immediate hazards (like peeling or chipping paint) should be addressed.
5. How can I get my child tested for lead exposure in West Virginia?
   Contact your child’s healthcare provider or the WV Childhood Lead Poisoning Prevention Program for screening resources.

Key Takeaways for Renters

• Always request the EPA lead disclosure form and safety pamphlet for pre-1978 rentals.
• Your landlord must keep the home safe and habitable—including addressing lead paint risks.
• Report unresolved hazards to official agencies or seek assistance if your health is at risk.

Staying informed and proactive is the best way to protect your household and assert your rights.

Need Help? Resources for Renters

• EPA Lead Disclosure Rule Sample Forms
• WV Childhood Lead Poisoning Prevention Program
• West Virginia Residential Tenancy Information and Assistance (RTIA)
• EPA Region 3 – West Virginia Office
• West Virginia Landlord-Tenant Laws – WV Code Chapter 37

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1. See the EPA Lead Laws and Regulations for national standards and West Virginia application.
2. Consult West Virginia Code Chapter 37: Article 6 - Landlord and Tenant for state tenancy rules.

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