Owner's Advantage guide · Federal rule, all 50 states

Lead-based paint disclosure for landlords: the pre-1978 rental rules

If your rental was built before 1978, federal law says the tenant gets a pamphlet, a signed disclosure and any lead records you have before they sign. The paperwork is free from EPA. Here's exactly what to do.

The short version

For most homes built before 1978, before the tenant is bound by the lease you must:

  1. Give them EPA's pamphlet, Protect Your Family From Lead in Your Home. (free from EPA)
  2. Tell them about any lead-based paint or lead hazards you know about, or state that you don't know of any.
  3. Give them any lead records or reports you have, or state that you have none.
  4. Attach a disclosure with the federal Lead Warning Statement to the lease, signed and dated by you, every tenant and any agent. (EPA sample form)
  5. Keep your copy for at least 3 years from the start of the lease.

That's the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d), carried out by EPA and HUD in 40 CFR 745 Subpart F. It's a federal rule, so it applies the same way in every state. You don't have to test the home or remove anything to comply (745.107(a)). You just have to tell the tenant what you know and document it.

Does it apply to your rental?

The rule covers leases and subleases of “target housing”: housing built before 1978. It applies to individual landlords, LLCs, trusts and property managers alike (745.103 defines “lessor” as any entity that offers target housing for rent). It does not apply to:

  • Built in 1978 or later. The rule only covers “target housing,” meaning housing built before 1978 (745.103).
  • 0-bedroom units: studios, efficiencies, lofts and dorm-style units where living and sleeping areas aren’t separated, unless a child under 6 lives there or is expected to (745.103).
  • Housing for the elderly (reserved for households with someone 62+ at move-in) or for persons with disabilities, unless a child under 6 lives there or is expected to (745.103).
  • Short-term leases of 100 days or less where no renewal or extension can happen (745.101(c)).
  • Homes a certified inspector has found to be lead-based paint free (745.101(b)). Keep that report.
  • Renewals, if you already made the full disclosure and have no new information (745.101(d)).

Not sure of the year built? Check the county assessor's record. If you can't confirm it was built in 1978 or later, make the disclosure. It costs nothing.

What has to be in (or attached to) the lease

Under 40 CFR 745.113(b), every lease of target housing must include these, in the language of the lease (for example, English or Spanish):

  • The Lead Warning Statement, word for word (it’s printed on EPA’s sample form).
  • Your statement: either the known lead-based paint or hazards (what, where, condition, how you know), or that you have no knowledge of any.
  • A list of lead records or reports you’ve given the tenant, or a statement that you have none.
  • The tenant’s statement that they received that information and the pamphlet.
  • If an agent or property manager is involved: a statement that the agent told you your obligations and knows their own duty to make sure you comply.
  • Signatures and dates from you, any agent, and every tenant signing the lease.

The Lead Warning Statement for rentals reads:

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

The easiest way to get every element right is EPA's own fill-in form for rentals, “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” (Form 9600-041). Print it, fill it in, sign it, and staple it to the lease.

Step by step

  1. Find the year built. Pull it from the county assessor record, the deed, or your closing file and put it in the unit file. If it says 1977 or earlier, assume the rule applies.
  2. Check the exemptions above. If you rely on one (studio, 100-day lease, lead-free inspection), write down why in the unit file.
  3. Gather what you know: any lead inspection, risk assessment, test results, abatement paperwork, or a note from a past contractor. “Available” includes records you could reasonably get (745.103).
  4. Print EPA’s free sample disclosure form (Form 9600-041) or use the same language in your lease. Fill in the landlord sections honestly.
  5. Give the tenant the EPA pamphlet “Protect Your Family From Lead in Your Home.” It’s free to download from EPA in several languages.
  6. Do all of this before the tenant is bound by the lease. If they already made an offer or turned in an application you’re about to accept, give the disclosure first and let them review it before you accept (745.107(b)).
  7. Have every adult who signs the lease initial and sign the disclosure. Sign and date it yourself, and have your agent sign if you use one.
  8. Give the tenant a copy and keep yours with the lease for at least 3 years from the lease start (745.113(c)). A scanned PDF in the unit folder works.
  9. Update at renewal only if something changed: a new test, a report, a hazard you found. Then disclose again.

If you use a property manager or leasing agent

An agent hired by you to lease the home has to tell you your obligations and make sure the disclosure gets done (40 CFR 745.115). That doesn't take you off the hook. You're still the one who signs that you disclosed what you know. Tell your manager about every lead report you have.

Penalties

  • A person who knowingly fails to comply can face federal civil penalties for each violation, and HUD can go to federal court to stop violations (745.118(a)-(b), (f)).
  • EPA's inflation-adjusted table, 40 CFR 19.4, lists a maximum of $22,263 per violation under 42 U.S.C. 4852d(b)(5) for penalties assessed on or after January 8, 2025 (as published when we checked on October 28, 2026; EPA adjusts it periodically).
  • A landlord who knowingly violates the rule can be liable to the tenant for three times the tenant's damages, and the court can award court costs and attorney and expert fees to a tenant who wins (745.118(c)-(d)).

Repairs and repainting are a separate rule (RRP)

The disclosure rule is only about telling tenants. If you or a contractor will sand, scrape, cut or replace painted surfaces in a pre-1978 rental, EPA's Renovation, Repair and Painting (RRP) rule is a separate set of requirements. EPA says property managers who do that kind of work need to be a Lead-Safe Certified Firm, or hire one (EPA: RRP for property managers). Small jobs that disturb 6 square feet or less of painted surface per room inside, or 20 square feet or less outside, can count as minor repair and maintenance, but not if they involve window replacement, demolition of painted surfaces, or prohibited practices (40 CFR 745.83). Read the rule before you start a paint job.

Example (hypothetical)

A landlord buys a 1962 duplex and is renting the 2-bedroom upstairs unit to a couple with a toddler. The seller's disclosure from the purchase said “no knowledge” of lead, and there's no inspection report. Before the tenants sign, the landlord emails them EPA's pamphlet, then at the lease signing has both of them initial the EPA form: “no knowledge” of lead-based paint and “no reports or records.” Everyone signs and dates it. The landlord gives them a copy and saves a PDF with the lease.

A year later, before repainting the downstairs unit, the landlord hires a certified inspector, who finds lead-based paint on the original window trim. At the upstairs tenants' renewal, that's new information, so the landlord fills out a fresh disclosure listing the window trim and its condition, and gives them a copy of the report.

Where landlords get burned

  • Skipping it because “there’s no lead here” without a certified inspection. Not knowing is fine, but you still check the “no knowledge” box, hand over the pamphlet and get signatures.
  • Getting the form signed after move-in. The disclosure has to happen before the tenant is obligated under the lease.
  • Only the first tenant signs. Every tenant on the lease should acknowledge it.
  • Hiding a known problem. If a past inspection found lead on the window sills, it goes on the form and the report goes to the tenant, even if you think it’s been handled.
  • Throwing the paperwork out when the tenant moves out. Keep it 3 years from the lease start date.
  • Treating paint work as the same thing. The disclosure rule is about telling tenants. Sanding, scraping or replacing windows in pre-1978 housing falls under EPA’s separate Renovation, Repair and Painting (RRP) rule (see below).

Closing checklist

  • Year built confirmed and saved in the unit file
  • Exemption checked (and the reason written down if you use one)
  • Lead records and reports gathered, or none on file
  • EPA pamphlet given to the tenant
  • Disclosure with the Lead Warning Statement attached to or inside the lease
  • Signed and dated by you, every tenant, and any agent, before the lease is binding
  • Copy to the tenant, your copy kept at least 3 years
  • Re-disclose at renewal only if you learned something new

Frequently asked questions

Do landlords have to give a lead paint disclosure?

Yes, if the home was built before 1978 and the lease isn’t exempt. Before the tenant is bound by the lease, you must give them the EPA pamphlet “Protect Your Family From Lead in Your Home,” disclose any known lead-based paint or hazards, hand over any lead records or reports you have, and attach a signed disclosure (with the federal Lead Warning Statement) to the lease. This comes from 40 CFR 745.107 and 745.113, and it applies in every state.

What if I don’t know whether there’s lead paint?

You still have to make the disclosure. You check the box saying you have no knowledge of lead-based paint or hazards, and that you have no reports or records, if that’s true. You must still give the pamphlet and get signatures. The rule does not require you to test the home (745.107(a)).

Which rentals are exempt?

Under 40 CFR 745.101 and 745.103: homes built in 1978 or later; 0-bedroom units like studios and efficiencies; housing for the elderly (62+) or persons with disabilities; leases of 100 days or less with no possible renewal or extension; and housing a certified inspector found to be lead-based paint free. The studio and elderly/disability exemptions do not apply if a child under 6 lives there or is expected to.

Do I need a new disclosure when the lease renews?

Not if you already gave the full disclosure for that tenant and you haven’t learned anything new about lead in the home (745.101(d)). If you got a new test result, a report, or learned of a hazard since then, disclose it with the renewal.

How long do I keep the signed disclosure?

At least 3 years from the start of the lease. The landlord and any agent must keep a copy of the completed attachment or the lease containing it (745.113(c)).

What is the penalty for not disclosing lead paint?

Knowing violations can bring federal civil penalties per violation, and the landlord can be liable to the tenant for three times their damages, plus court costs and attorney fees (40 CFR 745.118). EPA’s inflation table (40 CFR 19.4, as published when we checked) lists a maximum of $22,263 per violation under 42 U.S.C. 4852d(b)(5) for penalties assessed on or after January 8, 2025.

Is this legal advice?

No. This is general education based on the federal rule linked on this page, checked October 28, 2026. Some states and cities add their own lead rules on top of the federal one. Check your local law or talk to a licensed attorney before you rely on it.

Sources

General educational information only, not legal advice. Federal rules checked October 28, 2026. Some states and cities have their own lead rules on top of the federal rule. Check your local law or talk to a licensed attorney.

Related: Tenant screening checklist · Lease renewal checklist · Security deposit deductions · Landlord template pack

Written by Fernando Castro, 20-year Navy veteran.