Lead-Based Paint Disclosure for a Lease

Renting out a home built before 1978? Federal law says you, the landlord, must disclose any known lead paint and give your tenant the EPA booklet before they sign. One form keeps you compliant in all 50 states.

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How to complete the disclosure

The whole job, start to done.

  1. 1

    Confirm the home predates 1978.

    If it was built in 1978 or later, you do not need this form.

  2. 2

    Disclose what you know.

    List any known lead-based paint and hazards, or state that you know of none.

  3. 3

    Attach any records.

    Include available reports, or note that you have none.

  4. 4

    Give the EPA pamphlet.

    Provide Protect Your Family from Lead in Your Home, and note it on the form.

  5. 5

    Sign, attach, and keep.

    You and the tenant sign, attach it to the lease, and keep it for three years.

SAMPLE

Lease Lead-based paint disclosure form

Parties
Party 1
Party 2
Address
Details
Item
Ref #
Terms
Amount
Date
Sign
Sign
The template

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The details

The essentials of the lead-based paint disclosure

What is a lead-based paint disclosure?

A lead-based paint disclosure is a federal form you give a tenant before renting most homes built before 1978. You disclose any known lead-based paint and hazards, hand over the EPA pamphlet, and attach a signed acknowledgment. The rule comes from Title X (42 U.S.C. § 4852d), and it applies the same way in every state. It is not about testing. It is about telling your tenant what you already know.

Key takeaways for landlords

·        Applies to pre-1978 rentals: you need it before the tenant signs, for most homes built before 1978.

·        Give the pamphlet: hand over the EPA booklet, Protect Your Family from Lead in Your Home.

·        Disclose what you know: share known lead paint and hazards, and any records; you do not have to test.

·        Use the lease warning statement: the lease version of the Lead Warning Statement differs from the sale version.

·        Keep it three years: retain the signed disclosure for at least three years.

What it must include

·        The Lead Warning Statement: the exact federal language, lease version.

·        Your disclosure: what you know about lead paint and hazards, or that you know of none.

·        Records and reports: a list of any available reports, or a note that there are none.

·        The EPA pamphlet: confirmation that you gave Protect Your Family from Lead in Your Home.

·        Signatures and dates: you, the tenant, and any agent who helped.

Does it apply to your rental?

Most pre-1978 rentals need the disclosure, but a few are exempt. Check your situation below. When in doubt, give it; the form is free and the downside is not.

Common mistakes to avoid

·        Skipping it on an older rental: if it predates 1978 and is not exempt, the form is required.

·        Using the sale warning statement: the lease version is different; use the lease one.

·        Forgetting the pamphlet: giving the disclosure but not the EPA booklet still breaks the rule.

·        Not keeping a copy: hold the signed disclosure for three years.

Using it with your lease

Attach the signed disclosure to the lease itself. Pair it with your standard residential lease, and keep it with the rest of your file. Screen the tenant first with a rental application. If you are selling the home instead of renting it, use the disclosure for a sale. For the full federal picture, see the lead-based paint disclosure hub, and for other rental forms, the Rental & Lease hub.

Does it apply to your rental?

Most pre-1978 rentals need the disclosure, but a few are exempt. Check your situation below. When in doubt, give it; the form is free and the downside is not.

Your rentalDisclosure required?
Home built before 1978Yes, required.
Home built in 1978 or laterNo. Lead paint was banned for homes that year.
Studio or other zero-bedroom unitNo, exempt.
Lease of 100 days or fewer, with no renewalNo, exempt (for example, a short vacation stay).
Housing certified lead-free by a licensed inspectorNo, exempt.
Elderly or disabled housing with no child under 6No, exempt.

Lead-based paint disclosure FAQs

Does this apply to a rental built after 1978?+
No. Only rentals built before 1978.
Do I have to test for lead before renting?+
No. You disclose what you already know. If you know of no lead paint, you say so. The rule is about disclosure, not inspection, so you do not have to hire anyone first.
Do I give the tenant a 10-day inspection period?+
No. That window applies to sales, not leases.
What if the home was built in 1978 or later?+
Then you do not need this form.
What are the penalties for skipping it?+
They are serious. A knowing violation can bring civil penalties, and the government can pursue criminal penalties. An injured tenant can also sue for triple their actual damages. Agents who help can be liable too. The form is free; the exposure is not.
How long do I keep the signed disclosure?+
Three years from the start of the lease.

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