Lead-Based Paint Disclosure Form

Lead-Based Paint Disclosure

Required for all housing built before 1978 – Federal Law

⚠️ FEDERAL LAW REQUIREMENT: If this property was built before 1978, you MUST provide this disclosure to tenants before they sign the lease. Failure to comply can result in penalties up to $19,507 per violation plus potential criminal liability.
Property Information
Landlord’s Knowledge of Lead-Based Paint
Records and Reports
Tenant Information & Acknowledgment
⚠️ EPA Pamphlet Required: You must give tenants the EPA pamphlet “Protect Your Family from Lead in Your Home” before they sign the lease. Download free at: www.epa.gov/lead
Landlord & Agent Information
💡 All Parties Must Sign: Landlord, tenant(s), and agent (if any) must all sign this disclosure. Attach this form to the lease and keep in your records for 3+ years.

Lead-Based Paint Disclosure Guide

⚠️ Legal Notice: This form provides a template for informational purposes only and does not constitute legal advice. Federal law requires lead-based paint disclosure for pre-1978 housing. Failure to comply can result in civil and criminal penalties. Consult with a qualified attorney for specific legal guidance.

Federal Lead Disclosure Law (42 U.S.C. § 4852d)

The Residential Lead-Based Paint Hazard Reduction Act of 1992 (also called “Title X”) requires:

  • ALL sellers and landlords of housing built before 1978 must disclose known lead-based paint and hazards
  • Applies to residential housing EXCEPT: 0-bedroom units, housing for elderly/disabled (unless children present), short-term leases (100 days or less), foreclosures
  • Landlords must provide EPA pamphlet to tenants
  • Tenants must get 10-day period to conduct inspection (can waive)
  • Disclosure must be attached to lease

Why Lead is Dangerous

Lead-based paint was used in millions of homes before 1978. Lead is especially dangerous for:

  • Young children (under 6): Can cause brain damage, learning disabilities, behavioral problems, slowed growth
  • Pregnant women: Can harm unborn baby’s brain and nervous system
  • Adults: Can cause high blood pressure, kidney problems, reproductive issues

Common sources of lead exposure:

  • Paint chips from deteriorating lead paint
  • Dust from sanding or scraping lead paint
  • Soil contaminated by exterior lead paint
  • Water from lead pipes or fixtures

Which Properties Require Disclosure?

Must Provide Disclosure:

  • ANY housing built before 1978 (houses, apartments, condos, townhomes)
  • Applies even if you don’t know if property has lead paint
  • Applies even if property has been renovated/repainted
  • Includes common areas in multi-unit buildings

Exempt Properties:

  • Housing built in 1978 or later
  • Studio apartments (0 bedrooms)
  • Short-term leases (100 days or less – like vacation rentals)
  • Housing designated exclusively for elderly or persons with disabilities (UNLESS children under 6 live there)
  • Housing certified lead-free by EPA-certified inspector

What Landlords Must Do

Step 1: Provide EPA Pamphlet

  • Give tenant EPA pamphlet “Protect Your Family from Lead in Your Home”
  • Must be provided BEFORE tenant signs lease
  • Available in multiple languages
  • Free download: www.epa.gov/lead

Step 2: Complete Disclosure Form

  • Disclose ALL known lead-based paint and hazards
  • Attach any available reports or records
  • If no knowledge, state “no knowledge” (don’t leave blank)
  • Cannot claim “no knowledge” if you actually know about lead

Step 3: Provide 10-Day Inspection Period

  • Tenant has right to conduct lead inspection at their expense
  • Must allow 10 days for inspection before lease starts
  • Tenant can waive this right in writing
  • Most tenants waive – rarely do inspections

Step 4: All Parties Sign

  • Landlord/owner signs
  • All adult tenants sign
  • Agent/property manager signs (if involved in transaction)

Step 5: Attach to Lease

  • Disclosure becomes part of lease agreement
  • Give tenant signed copy
  • Keep signed original in your files for 3+ years

What If You Don’t Know About Lead Paint?

If you genuinely don’t know whether property has lead-based paint:

  • Check “no knowledge of lead-based paint hazards”
  • You are NOT required to test for lead (unless local law requires it)
  • But you MUST disclose if you learn about it later
  • Cannot deliberately avoid finding out to claim “no knowledge”
⚠️ Don’t Lie: If you KNOW property has lead paint (from inspection report, previous disclosure, etc.), you MUST disclose it. Claiming “no knowledge” when you actually know is fraud and can result in serious penalties.

When to Update Disclosure

You must provide new disclosure if:

  • New lease with same tenant
  • Lease renewal (if significant time has passed)
  • You discover new information about lead hazards
  • Property undergoes lead remediation/abatement

You do NOT need new disclosure for:

  • Lease extensions/holdovers with same tenant (no new agreement)
  • Month-to-month continuation after fixed term
  • Minor lease amendments

Penalties for Non-Compliance

Civil Penalties:

  • Up to $19,507 per violation (adjusted annually for inflation)
  • Each failure to disclose is separate violation
  • Tenant can sue for damages up to 3x actual damages
  • Tenant can recover attorney fees and court costs

Criminal Penalties:

  • Knowing and willful violation can result in criminal charges
  • Fines and potential jail time for repeat offenders

Lease Voidability:

  • Tenant may be able to void lease for non-disclosure
  • Could lose right to evict tenant for non-payment

California-Specific Requirements

In addition to federal law, California has additional requirements:

Cal. Health & Safety Code § 17920.10:

  • Landlords must disclose known lead hazards
  • If building built before 1978, must warn about lead dangers
  • Applies to renovations/repairs that disturb paint

California EPA Requirements:

  • Contractors doing renovation/repair work must be certified
  • Must use lead-safe work practices
  • Applies to properties built before 1978

Lead Testing & Abatement

Testing:

  • Must be done by EPA-certified lead inspector
  • Cost: $300-$500 average for inspection
  • XRF testing (instant results) or lab testing (more accurate)
  • Not required by law but recommended if selling or renting to families with kids

Lead Abatement:

  • Permanent removal or encapsulation of lead paint
  • Must be done by certified lead abatement contractor
  • Cost: $8,000-$15,000+ per home average
  • Property can be certified “lead-free” after abatement (exempt from disclosure)

Interim Controls:

  • Painting over lead paint with non-lead paint
  • Enclosing or covering lead surfaces
  • Less expensive than full abatement
  • Must still disclose that lead paint is underneath

Tenant Rights & Responsibilities

Tenant Rights:

  • Right to receive EPA pamphlet
  • Right to full disclosure of known hazards
  • Right to 10-day inspection period
  • Right to sue for non-disclosure
  • Right to request lead testing (landlord not required to pay)

Tenant Responsibilities:

  • Maintain painted surfaces in good condition
  • Clean up paint chips/dust immediately
  • Report deteriorating paint to landlord
  • Don’t sand, scrape, or disturb lead paint
  • Keep children away from peeling paint

Best Practices for Landlords

  • ✅ Always provide disclosure for pre-1978 properties (even if you think there’s no lead)
  • ✅ Keep copies of all disclosures and pamphlets for at least 3 years
  • ✅ If you discover lead later, update disclosure and notify tenants
  • ✅ Inspect property regularly for deteriorating paint
  • ✅ Fix peeling/chipping paint promptly (use certified contractor if extensive)
  • ✅ Consider lead testing before renting to families with young children
  • ✅ Keep records of all testing, abatement, and remediation work
  • ✅ Use only lead-safe work practices for any renovation/repair

Resources

⚠️ Disclaimer: This form template is for informational purposes only and does not constitute legal advice. Federal law (42 U.S.C. § 4852d) requires lead-based paint disclosure for all housing built before 1978. Failure to comply can result in civil penalties up to $19,507 per violation, criminal penalties, and tenant lawsuits. State and local laws may impose additional requirements. Always consult with a qualified attorney for specific legal guidance. Keep signed disclosures for at least 3 years.