When renting out a home built before 1978, federal law requires landlords to give tenants a lead-based paint disclosure form as part of the lease agreement. The disclosure form alerts residents to known lead paint risks, protecting their health and shielding you from legal trouble.
In this article, we’ll explain who needs the form, what it must include, and how to comply with federal disclosure rules.
What is a Lead-Based Paint Disclosure Form?
A lead-based paint disclosure form is a federally required document that informs tenants or buyers about any known lead-based paint or lead hazards in a home built before 1978.
The disclosure form is mandatory under Title X, Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act, and it applies to most sales and leases of residential properties constructed before 1978, the year the federal government banned the use of lead-based paint in housing.
The purpose of the form is twofold:
- Transparency: It ensures landlords clearly communicate known risks.
- Health protection: It helps tenants and buyers make informed decisions about homes that may pose a lead exposure risk, especially for children and pregnant women.
Failing to provide this disclosure isn’t just a paperwork issue; it’s a violation of federal law that can result in fines, lawsuits, or the rescission of transactions.
Who Needs to Provide the Disclosure?
If you’re involved in the sale or lease of housing built before 1978, you’re legally required to provide a lead-based paint disclosure; those parties include:
- Landlords renting out pre-1978 residential properties.
- Property managers or leasing agents acting on behalf of property owners.
- Home sellers and their real estate agents should be aware of the requirements when selling pre-1978 homes.
The requirement applies to most types of residential housing, with only a few exceptions (such as zero-bedroom units like studios or short-term rentals of less than 100 days).
What Landlords Must Disclose
The lead-based paint disclosure form isn’t just a formality; it’s a required document under federal law that ensures tenants are informed about potential lead hazards in a property built before 1978.
To comply with the Residential Lead-Based Paint Hazard Reduction Act, the form must include the following:
Disclosure of known lead-based paint or hazards: The seller or landlord must clearly state whether they know of any lead-based paint or lead hazards in the home.
Records and reports: The landlord or seller must provide the tenant or buyer with any existing reports or records about lead-based paint or hazards.
EPA-approved pamphlet: The property manager or seller must provide the tenant/buyer with a copy of Protect Your Family from Lead in Your Home, an informational guide from the Environmental Protection Agency (EPA).
Lead Warning Statement: The lease or purchase agreement must include a federally mandated warning about lead-based paint hazards.
Signed acknowledgments:
- The tenant or buyer must sign to confirm they received the disclosure and pamphlet.
- The landlord or seller must also sign, confirming they’ve met the disclosure requirements.
- If an agent is involved, they must sign a declaration confirming their compliance.
Landlords should keep a copy of the signed form for at least 3 years after the tenancy begins or the sale closes, as required by the EPA.
When Is the Disclosure Form Not Required?
Not all properties require a lead-based paint disclosure form. The following situations are exempt from the federal rule:
- Homes built after 1977
- Studio or efficiency units
- Short-term leases of 100 days or less
- Housing for the elderly or disabled (with no children under six)
- Units certified as lead-free
- Foreclosure sales
While these exceptions exist, landlords should still consider best practices and disclose any known risks when in doubt.
Health Risks and Why the Rule Exists
Lead-based paint used to be common in homes, but the health risks—especially for children—are severe and permanent. Exposure to lead dust or paint chips can cause:
- Learning disabilities
- Developmental delays
- Behavioral problems
- Neurological damage
- Kidney damage or high blood pressure in adults
Children under six and pregnant individuals are particularly vulnerable to lead poisoning, often through ingestion of dust from deteriorating paint.
The lead-based paint disclosure rule doesn’t require landlords to test for or remove lead paint. Instead, its primary goal is to raise awareness, ensuring tenants are informed before moving in, so they can make informed decisions. Transparency helps protect public health without placing an undue burden on property owners.
How to Fill Out a Lead-Based Paint Disclosure Form
Among the various rental forms landlords must complete, the lead-based paint disclosure is one of the most important. Here’s a step-by-step breakdown:
- State whether lead-based paint is known to exist: Indicate if you have any knowledge of lead paint or lead hazards in the home.
- Include supporting documents: If you have reports, inspections, or maintenance records related to lead hazards, attach copies.
- Provide the EPA pamphlet: Hand out Protect Your Family from Lead in Your Home to every prospective tenant or buyer, which is a required step.
- Add the federally required Lead Warning Statement: The landlord or seller must include this statement in the lease or purchase agreement without making any changes to it.
- Collect signatures from all parties:
- The tenant or buyer must acknowledge receipt of the form and pamphlet.
- The landlord, seller, and (if applicable) the agent must sign to confirm compliance.
- Store the signed form: Keep a physical or digital copy for at least 3 years after the lease begins or the sale closes.
- Electronic disclosures are permitted if they comply with the criteria of the E-SIGN Act, which include obtaining explicit consent and providing the ability to access and retain the documents.
What Happens If You Don’t Comply
Failing to provide a lead-based paint disclosure can have serious legal consequences. Under federal law:
- Tenants can sue for triple damages if they suffer harm due to undisclosed lead hazards.
- Civil penalties can reach up to $23,000 per violation, with additional criminal charges possible in cases of willful noncompliance.
- Tenants can file complaints through the HUD or EPA websites, which will prompt investigation and enforcement actions.
To protect yourself, always follow the disclosure process.
Frequently Asked Questions About Lead-Based Paint Disclosure Forms
Does lead paint have to be disclosed?
Yes. Under federal law, landlords and sellers must disclose any known information about lead-based paint in homes built before 1978.
They must identify any known lead hazards, provide relevant records or reports, and give tenants or buyers a copy of the EPA’s Protect Your Family from Lead in Your Home pamphlet. Landlords or sellers must complete and sign the disclosure form before finalizing a lease or sale agreement.
What year do we need a lead-based paint disclosure?
You must provide a lead-based paint disclosure form for any residential property built before 1978, the year the federal government banned lead-based paint for residential use due to health concerns. Homes built in 1978 or later are exempt from this requirement.
Do inspectors check for lead-based paint?
Not by default. There’s no federal requirement for inspectors to test for lead paint before leasing or selling a home. However, if an inspector has identified lead hazards, you must disclose that information. If buyers or tenants request a test, they may hire a certified lead inspector before completing the transaction.
What must the seller disclose to the buyer in the lead-based paint addendum?
If a home has lead-based paint, sellers must disclose it, hand over any reports, and add a Lead Warning Statement to the contract. Buyers also receive the EPA pamphlet and have the option to conduct a lead inspection. The seller, buyer, and agent must sign the disclosure form to make it official.
