Free Florida Lead-Based Paint Disclosure
Federally required Florida lead-based paint disclosure for pre-1978 housing rentals. 40 CFR 745 / 24 CFR 35 apply nationwide. Must be signed by landlord, tenant, and any real estate agent BEFORE the lease is signed. Tenant must also receive the EPA pamphlet Protect Your Family From Lead in Your Home.
Florida residential landlords with pre-1978 housing must complete the federal lead-based paint disclosure required by 40 CFR Part 745 Subpart F and 24 CFR Part 35 Subpart A. This federal requirement applies regardless of any Florida statute. The disclosure must include: (1) the Lead Warning Statement (exact statutory language); (2) lessor disclosure of known LBP/hazards; (3) list of available records and reports; (4) the EPA pamphlet Protect Your Family From Lead in Your Home; and (5) signed certification by lessor, tenant, and any real estate agent. The disclosure must be completed BEFORE the tenant is obligated under any lease. Florida-specific landlord-tenant rules in Chapter 83, Part II (Florida Residential Landlord and Tenant Act) supplement but do not replace the federal disclosure rule.
Florida Lead Paint Disclosure at a Glance
Statute
40 CFR 745 / 24 CFR 35
Applies To
Pre-1978 Housing
Timing
Before Lease
Retention
3 Years Min
Federal Mandate Applies in Florida
The federal Lead-Based Paint Disclosure Rule applies to ALL pre-1978 rental housing in Florida. Florida law does not preempt or supersede the federal requirement. Complete this disclosure BEFORE the tenant is obligated under any lease. Civil penalties up to $24,793 per violation (2026 adjustment) plus treble damages in private actions.
How to Use the Florida Lead Paint Disclosure
Identify when the disclosure is required
Determine if the Florida property was built before 1978. Many older Florida properties qualify. Florida Building Code does not exempt pre-1978 housing from federal disclosure requirements.
Prepare the notice
Obtain the current EPA pamphlet Protect Your Family From Lead in Your Home (English or Spanish, available free from epa.gov/lead). Florida tenants frequently request Spanish-language materials.
Provide the disclosure
Provide this disclosure and the EPA pamphlet to the prospective Florida tenant BEFORE the tenant is obligated under any lease. Include the Lead Warning Statement, your knowledge, and available records.
Follow statutory timeline
Have the Florida tenant initial each item, sign the disclosure, and have any real estate agent involved sign the agent certification. Retain the signed disclosure at least 3 years (24 CFR 35.175).
Document the process
Provide the Florida tenant a copy. Retain the original. If a lease renewal occurs without new lead-based paint information, no new disclosure is required.
Generate the Florida Notice
Complete the fields below to generate a Florida Florida lead-based paint disclosure. Service should comply with 40 CFR Section 745.107; retain proof of delivery.
Purpose of this Florida disclosure
The federal lead-based paint rule overlays Florida landlord-tenant law (Chapter 83, Part II). For Florida pre-1978 rentals, both federal disclosure AND Florida tenant rights apply. The disclosure is a federal obligation imposed on the Florida lessor.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Lead-Based Paint Disclosure Statement
Required Lead Warning Statement
The statutory Lead Warning Statement is automatically included in the generated PDF. The lessor of Florida pre-1978 housing must disclose known lead-based paint and/or lead-based paint hazards, provide available records, and deliver the EPA pamphlet.
3. Notice Content
4. Signature
About This Florida Notice
Federal lead-based paint disclosure under 40 CFR Part 745 Subpart F and 24 CFR Part 35 Subpart A applies to all pre-1978 housing in Florida and nationwide. Florida law does not preempt the federal requirement. The Florida Residential Landlord and Tenant Act (Chapter 83, Part II) governs the underlying tenancy, but the federal LBP disclosure applies separately. For pre-1978 Florida rentals: provide the Lead Warning Statement, disclose any known lead-based paint or lead-based paint hazards, list available records, deliver the EPA pamphlet Protect Your Family From Lead in Your Home, and obtain signed certifications from the lessor, tenant, and any agent. Florida-specific resources: the Florida Department of Health offers free lead screenings in some counties (Hillsborough, Pinellas, Duval, Orange, Miami-Dade, Broward, Polk). Spanish-language EPA pamphlets are frequently needed for Florida tenants. Civil penalties for federal non-compliance can reach $24,793 per violation (2026 adjustment), plus a private right of action with treble damages.
Florida Statutory Requirements
- Federal statute: 42 U.S.C. 4852d (Title X Section 1018)
- EPA rule: 40 CFR Part 745 Subpart F
- HUD rule: 24 CFR Part 35 Subpart A
- Florida tenant law overlay: Chapter 83, Part II (Florida Residential Landlord and Tenant Act)
- Applies to: Florida pre-1978 target housing
- Exempt: 0-bedroom units, elderly/disabled housing (no child under 6), short-term rentals
- Lead Warning Statement required
- EPA pamphlet delivered to tenant
- Retention: 3 years minimum
Delivery Methods
- Before lease obligation — not after move-in
- EPA pamphlet delivered (English or Spanish frequently needed in Florida)
- Tenant initials each statement
- Lessor and any agent certify the disclosure
- Tenant gets copy; lessor retains 3+ years
Common Mistakes
- Skipping the disclosure for Florida pre-1978 housing
- Providing after lease signing
- Missing the Lead Warning Statement
- Not providing the EPA pamphlet
- Missing agent certification
- Stating no knowledge when records exist
- Not retaining for 3 years
- Confusing federal disclosure with Florida-specific disclosures — federal applies separately
Best Practices
- Verify the Florida year of construction
- Use current EPA pamphlet (Spanish frequently needed)
- Disclose before lease signing
- Provide all records in possession or no-knowledge statement
- Get Florida tenant initials on each item
- Have any Florida agent sign the certification
- Retain the original 3+ years
- Consult Florida counsel for properties with known lead history
Bottom line
Federal law (40 CFR 745 / 24 CFR 35) requires this disclosure for all Florida pre-1978 housing rentals, before the tenant is obligated. Provide the Lead Warning Statement, disclose known LBP/hazards, list available records, provide the EPA pamphlet (Spanish often needed in Florida), and obtain signed certification. Retain 3 years. Florida-specific tenant rights under Chapter 83, Part II are separate and continue to apply.
Frequently Asked Questions
When is the federal lead paint disclosure required in Florida?
The federal lead paint disclosure is required for ALL Florida pre-1978 housing rentals. The disclosure must be provided BEFORE the tenant is obligated under the lease. Federal law applies regardless of Florida-specific landlord-tenant rules. Exemptions: 0-bedroom units, elderly/disabled housing with no child under 6 residing or expected, short-term rentals of 100 days or less, and lease renewals where original disclosure remains accurate.
What must the disclosure contain?
Five required elements: (1) Lead Warning Statement; (2) lessor disclosure of known LBP/hazards or no knowledge; (3) list of available records and reports; (4) EPA pamphlet Protect Your Family From Lead in Your Home; (5) signatures of lessor, tenant, and any real estate agent involved.
How must the disclosure be delivered in Florida?
The disclosure must be physically (or electronically with tenant consent) delivered to the Florida tenant before lease signing. The EPA pamphlet must be provided (Spanish version frequently needed). Tenant initials each disclosure item. The lessor retains the original for at least 3 years.
What are Florida-specific obligations and penalties?
Lessor must disclose known LBP/hazards, provide available records, and provide the EPA pamphlet. Florida tenants retain all rights under Chapter 83, Part II regardless of compliance with the federal LBP rule. Violations of the federal rule: civil penalties up to $24,793 per violation and treble damages in private actions.
Who pays for compliance?
The Florida lessor bears the cost of compliance with the federal disclosure rule. The EPA pamphlet is free from epa.gov/lead. Florida Department of Health offers free lead screenings in some counties (Hillsborough, Pinellas, Duval, Orange, Miami-Dade, Broward, Polk). The federal rule does not require lessors to conduct inspections.
What are common mistakes in Florida?
Common mistakes include: skipping the disclosure for Florida pre-1978 housing, providing the disclosure after lease signing, missing the Lead Warning Statement, not providing the EPA pamphlet (especially Spanish version when needed), missing agent certification, falsely certifying no knowledge when records exist, not retaining the signed disclosure for 3 years, and confusing the federal disclosure with Florida-specific disclosures (the federal rule applies separately).
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