Wisconsin Renters: Lead-Based Paint Safety & Your Rights

If you’re renting in Wisconsin, understanding lead-based paint safety is crucial—especially if your home was built before 1978. Lead paint hazards can harm children and adults, but state and federal laws protect your right to a safe, healthy rental. Here’s what you need to know to keep your household safe and what steps you can take if there’s a concern.

Why Lead-Based Paint Matters in Wisconsin Rentals

Lead-based paint was commonly used in homes built before 1978. When lead paint peels, chips, or creates dust, it becomes dangerous—particularly for young children and pregnant women. Even small exposures can cause serious health problems.

• Children can develop learning disabilities and behavioral issues.
• Adults may experience high blood pressure and nerve disorders.
• Pregnant women risk harm to unborn babies due to lead exposure.

Your Landlord's Responsibilities Regarding Lead Hazards

Both federal and Wisconsin laws require landlords to follow specific rules for rentals built before 1978. These rules are designed to help renters make informed choices and require landlords to maintain a safe living environment.

• Disclosure: Landlords must provide renters with an official EPA pamphlet, 'Protect Your Family from Lead in Your Home' before signing a lease.
• Disclosure Form: Landlords must complete and provide the Lead-Based Paint Disclosure Form (Sample) before you rent or renew a lease in pre-1978 units.
• Maintenance: Wisconsin law (under Wisconsin Statutes section 704.07) requires your landlord to keep the property in a safe and habitable condition, including addressing lead hazards.

Key Forms for Renters

• Lead-Based Paint Disclosure Form (EPA/HUD Sample Form)
  • When to Use: Before leasing or renewing a lease in a property built before 1978, landlords must provide this form to tenants.
  • How It's Used: For example, if you're signing a new lease, request this disclosure from your landlord to ensure you have accurate information about any potential lead-based paint or hazards in your unit.
  • Download the Lead-Based Paint Disclosure Form from the EPA

What to Do If You Suspect Lead Hazards

If you see peeling paint, chipping surfaces, or have any reason to suspect a lead hazard in your rental, you have the right to request repairs or an inspection. Fast action can prevent health risks for you and your family. In Wisconsin, you also have the right to a habitable home under state law.

How to Request Repairs or File a Complaint

• Notify your landlord in writing about the suspected hazard and request an inspection and repairs.
• If your landlord does not respond or refuses to fix the issue, contact your local health department through the Wisconsin Department of Health Services.
• You may also contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), which oversees tenant complaints.

Which Tribunal Handles Rental Disputes?

In Wisconsin, disputes between renters and landlords can often be addressed through local Small Claims Court. Complaints about unsafe housing (including lead hazards) can also go to your city or county’s health department. For additional help, the Wisconsin Department of Agriculture, Trade and Consumer Protection helps renters file consumer complaints against landlords. Learn more about Wisconsin tenant complaint process.

FAQ: Lead-Based Paint Hazards for Wisconsin Renters

1. How do I know if my rental has lead-based paint?
   Ask your landlord for the disclosure form and read the EPA pamphlet. If your home was built before 1978 and the landlord cannot show proof that it’s lead-free, assume lead paint may be present.
2. What if my landlord won’t provide the lead paint disclosure?
   Landlords are legally required to provide this form. You can report non-compliance to the Wisconsin Department of Agriculture, Trade and Consumer Protection or your local health department.
3. Can I withhold rent if my landlord refuses to fix lead hazards?
   Wisconsin law does not allow you to simply withhold rent without going through proper procedures. Instead, document the issue, notify your landlord in writing, and contact the appropriate agencies if repairs are not made.
4. Who pays for lead hazard repairs?
   Your landlord is legally responsible for repairing lead-based paint hazards in your home under Wisconsin’s habitability laws.
5. What should I do if someone in my home has been exposed to lead?
   Contact your healthcare provider immediately and report the situation to your local health department for testing and safety guidance.

Conclusion: Key Takeaways for Renters

• Your landlord must provide lead disclosures and maintain a safe living space.
• If you suspect lead hazards, act quickly—request repairs and seek help from government agencies if needed.
• Keep records of all correspondence and use official forms for your protection.

Need Help? Resources for Renters

• U.S. EPA Lead Information – General lead safety and law details
• Wisconsin Department of Health Services: Lead Program – Lead hazard reduction and complaint options
• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – File a landlord/tenant complaint
• Landlord-Tenant Guide (DATCP) – Wisconsin rental rights and complaint procedures
• Wisconsin Small Claims Court – Handling formal tenant-landlord disputes

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1. See EPA Lead Disclosure Rule
2. Wisconsin Statutes section 704.07 – Landlord and Tenant: Maintenance of Premises
3. Wisconsin Landlord-Tenant Guide (DATCP)
4. Wisconsin Department of Health Services: Lead Program

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