Wisconsin Lead Paint Disclosure Rules for Renters

Understanding your rights as a renter is key to maintaining a safe home—especially when it comes to hazardous issues like lead-based paint. In Wisconsin, both federal and state laws require landlords to inform tenants about possible lead paint dangers in rental properties. This article breaks down the essentials, helping renters know what to expect when moving into homes built before 1978.

What is Lead Paint and Why Are Disclosures Required?

Lead-based paint was commonly used in homes until 1978, but it can cause severe health risks, especially for children and pregnant women. When lead paint deteriorates, it creates dust and chips that are dangerous if inhaled or ingested. Because of these serious risks, both the federal government and Wisconsin law require landlords to disclose known information about lead-based paint hazards in certain rental housing.

Which Rentals Must Have Lead Paint Disclosures?

If you are renting a home or apartment built before 1978, your landlord is legally required to give you lead paint hazard disclosures before you sign the lease. These laws apply to most rental units, with a few exceptions such as:

• Units certified as lead-free by a state inspector
• Short-term rentals (less than 100 days) with no renewal option

For more details, see the EPA’s guide to lead disclosure rules.

Your Landlord's Disclosure Requirements

Landlords in Wisconsin must follow both federal and state requirements for lead paint hazard disclosures. Before renting, your landlord must:

• Disclose any known information about lead-based paint or lead-based paint hazards
• Provide you with the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Give you a completed disclosure form as part of your lease
• Keep signed proof that you received the disclosure for at least three years

This process ensures renters are fully informed and able to protect themselves and their families.

Key Official Forms for Wisconsin Renters

• Lead-Based Paint Disclosure Form (EPA Form 747-K-99-001):
  This is a federally required form (sometimes called “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards”) that your landlord must complete and give you if your rental was built before 1978.
  • When is it used? Every time you sign or renew a lease for a unit covered by the rule.
  • Practical example: Before you move in, your landlord provides the form, indicating if they know of any lead-based paint in your apartment. You should always keep a copy.
  • View/download the official Disclosure Form
• Wisconsin Safe Homes Fact Sheet:
  Wisconsin requires landlords to distribute the "Protect Your Family from Lead in Your Home" pamphlet—see above for link to the EPA version, accepted statewide.

Enforcement and Where to Get Help

The Wisconsin Department of Health Services' Lead-Safe Housing Program oversees compliance with state lead paint regulations. Renters who believe disclosures were not provided can file a complaint with this agency.

For resolution of rental disputes, including disclosure issues, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Landlord-Tenant Program is the official board handling residential tenancy concerns.

Your Rights Under Wisconsin Law

Wisconsin’s rental housing laws, under Wisconsin Statutes Chapter 704: Landlord and Tenant, provide further protections. Landlords who fail to comply with lead disclosure rules may risk fines, lawsuits, and be held responsible for resulting health problems or tenancy disputes¹.

• You cannot be evicted or retaliated against for requesting proper lead disclosures.
• You have the right to request a lead inspection.
• If hazards are found, landlords may be required to make repairs to address the issue.

If you are concerned about lead, request an inspection or contact the Wisconsin Department of Health Services.

Frequently Asked Questions

1. Do I have to sign the lead paint disclosure form before moving in?
   Yes. Federal law requires you sign the disclosure form before your lease begins if your rental was built before 1978. You should receive and keep a copy.
2. What should I do if my landlord did not provide any lead paint disclosure?
   Report this to the DATCP Landlord-Tenant Program and consider contacting the Department of Health Services, as your landlord may be in violation of state and federal law.
3. Does the disclosure mean there is definitely lead paint in my unit?
   No. The form tells you whether the landlord knows of any lead paint. If the property was built before 1978, there’s a possibility, but only a certified test can confirm it.
4. Can I ask for a lead inspection before or during my tenancy?
   Yes. You have the right to request a lead inspection. Contact the Wisconsin Department of Health Services for information on getting your home tested.
5. Is my landlord required to remove lead paint if it's found?
   If a verified hazard exists, landlords may be required to take action to address it. The Department of Health Services can assist with enforcement.

Conclusion: Key Takeaways for Wisconsin Renters

• If your rental was built before 1978, your landlord must provide a lead paint disclosure and EPA pamphlet
• Required forms include the EPA Disclosure Form and "Protect Your Family from Lead in Your Home" pamphlet
• Wisconsin law protects you from retaliation and ensures your right to a safe, healthy home

Stay alert and informed: these rules exist to keep you, your family, and your community safe from preventable hazards.

Need Help? Resources for Renters

• DATCP Landlord-Tenant Program: Handles landlord/tenant disputes and complaints
• Wisconsin Department of Health Services Lead Program: For lead testing, hazard complaints, and health resources
• EPA Lead Laws and Regulations: Federal guidance and legal obligations
• HUD Renter Lead Information: More federal resources for tenants

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¹ See Wisconsin Statutes Chapter 704: Landlord and Tenant and EPA Lead Disclosure Requirements for legal compliance guidelines.

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