Free Florida Lead-Based Paint Disclosure | Fillable PDF Form

⚠️ Florida Lead-Based Paint Disclosure

Federal Requirement for Pre-1978 Properties – 42 U.S.C. § 4852d

🚨 FEDERAL LAW – MANDATORY FOR PRE-1978 PROPERTIES

This disclosure is REQUIRED by federal law:

  • Applies to: ALL residential properties built before 1978
  • Must be completed: Before lease is signed (sales and rentals)
  • EPA pamphlet required: Must give tenant “Protect Your Family from Lead in Your Home”
  • 10-day inspection: Tenant has right to 10-day lead inspection period
  • Severe penalties: Up to $37,500+ per violation for non-compliance
  • Both must sign: Landlord AND tenant must sign disclosure

⚠️ When Does This Apply?

You MUST use this disclosure if:

  • Property was built BEFORE 1978
  • Property is residential (house, apartment, condo)
  • You are selling OR renting the property

Exemptions (Do NOT need this):

  • Property built in 1978 or later
  • Housing for elderly (unless children live there)
  • Housing for disabled (unless children live there)
  • 0-bedroom units (studios, efficiency, dorms)
  • Foreclosures
  • Short-term leases (100 days or less)

Lead-Based Paint Disclosure Form

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS

Lead Warning Statement:

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.

Property Information

If built 1978 or later, this disclosure is not required

Lessor’s (Landlord’s) Disclosure

📋 Landlord Must Check ONE Box Below:

Disclose your knowledge of lead-based paint:

Lessee’s (Tenant’s) Acknowledgment

✅ Tenant Must Check ALL Boxes Below:

📄 EPA Pamphlet Required

You MUST provide tenant with EPA-approved pamphlet:

  • Title: “Protect Your Family from Lead in Your Home”
  • Available: Free from EPA website or HUD
  • Download: www.epa.gov/lead
  • Languages: Available in English, Spanish, and other languages
  • Keep proof: Have tenant initial or sign that they received it

Lessee’s 10-Day Inspection Option

📋 10-Day Inspection Period

Tenant has the right to:

  • Conduct lead paint inspection or risk assessment within 10 days
  • Hire EPA-certified inspector
  • Inspection at tenant’s expense (unless otherwise negotiated)
  • Receive results before lease is binding
  • Terminate lease based on results (if retained right)

Agent Acknowledgment (if applicable)

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

Lessor (Landlord) Signature

Lessee (Tenant) Signature

Agent Signature (if applicable)

📚 Lead-Based Paint Disclosure Guide

🚨 Federal Law – Non-Compliance Penalties

Penalties for not providing disclosure:

  • Civil penalties up to $16,000+ per violation
  • Criminal penalties up to $37,500+ for repeat/willful violations
  • Tenant can sue for damages
  • Tenant can terminate lease
  • Loss of tax benefits

Understanding Lead-Based Paint

Why this matters:

  • Lead paint was banned in 1978
  • Before 1978, lead was common in house paint
  • Lead is highly toxic, especially to children
  • Can cause brain damage, learning disabilities, behavioral problems
  • Pregnant women and young children most at risk

Common Sources of Lead Paint

Where lead paint is often found:

  • Windows and window sills
  • Door frames and doors
  • Stairs and railings
  • Porches and columns
  • Exterior trim
  • Kitchen and bathroom walls

Landlord’s Disclosure Obligations

What landlords must do:

  1. Complete disclosure form: Before tenant signs lease
  2. Disclose known lead: Tell tenant about any known lead paint
  3. Provide records: Give tenant any reports or test results
  4. Give EPA pamphlet: “Protect Your Family from Lead in Your Home”
  5. Allow 10-day inspection: Tenant has right to test for lead
  6. Attach to lease: Disclosure becomes part of rental agreement
  7. Keep copy: Maintain signed disclosure for 3 years

What If You Don’t Know?

If you’re unsure about lead paint:

  • Check “no knowledge” if you truly don’t know
  • Cannot lie or hide known information
  • Consider testing if property shows signs of deteriorating paint
  • EPA-certified inspectors can test
  • Inspection costs typically $300-$800

Tenant’s Rights

What tenants can do:

  • Receive disclosure: Get full information before signing
  • Get EPA pamphlet: Learn about lead hazards
  • 10-day inspection: Have property tested for lead (at tenant’s expense typically)
  • Review results: Before lease becomes binding
  • Negotiate: Can ask landlord to address lead hazards
  • Terminate: Can walk away if lead found (if retained inspection right)

Getting the EPA Pamphlet

How to obtain required pamphlet:

  • Download free: www.epa.gov/lead
  • Order from HUD: www.hud.gov
  • Available in multiple languages
  • Print and provide to each tenant
  • Keep record that you provided it

Best Practices

✅ Landlord Best Practices

  • Complete disclosure early: Before showing property
  • Be honest: Disclose everything you know
  • Provide pamphlet: Give EPA pamphlet at first meeting
  • Document everything: Keep signed copies
  • Consider testing: If property has deteriorating paint
  • Maintain paint: Keep painted surfaces in good condition
  • Address issues: Fix peeling/chipping paint promptly
  • Use certified contractors: For renovation/repair in pre-1978 homes

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Lead-based paint disclosure is required by federal law (42 U.S.C. § 4852d) for all residential properties built before 1978. Landlords must disclose known lead paint, provide EPA pamphlet “Protect Your Family from Lead in Your Home,” and allow tenant 10-day inspection period. Both parties must sign disclosure before lease execution.

Serious penalties for non-compliance. Civil penalties up to $16,000+ per violation. Criminal penalties up to $37,500+ for willful violations. Tenant can sue for damages and terminate lease. Landlord must keep signed disclosure for 3 years. Cannot waive or modify federal requirements.

Get EPA pamphlet. Free download at www.epa.gov/lead. Required to provide before lease signing. For questions about lead-based paint disclosure requirements, consult real estate attorney or EPA.