Free All-States Lead-Based Paint Disclosure (Federal)
Federally required lead-based paint disclosure for pre-1978 housing under 40 CFR Part 745 and 24 CFR Part 35. Must be signed by landlord, tenant, and any real estate agent BEFORE any lease is signed. Tenant must also receive the EPA pamphlet Protect Your Family From Lead in Your Home.
The federal Lead-Based Paint Disclosure Rule, codified at 40 CFR Part 745 Subpart F and 24 CFR Part 35 Subpart A (implementing Title X, Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d), requires every lessor of pre-1978 target housing to: (1) provide a Lead Warning Statement; (2) disclose any known lead-based paint and/or lead-based paint hazards; (3) provide available records and reports; (4) deliver the EPA pamphlet Protect Your Family From Lead in Your Home; and (5) obtain signed certification from the tenant and any agent. The disclosure must be completed BEFORE the tenant is obligated under any lease.
All-States Lead Paint Disclosure at a Glance
Statute
40 CFR 745 / 24 CFR 35
Applies To
Pre-1978 Housing
Timing
Before Lease
Penalty
3x Damages
Federal Mandate — Pre-1978 Housing
Every lessor of pre-1978 target housing must complete this disclosure BEFORE the tenant is obligated under any contract. Required elements: Lead Warning Statement (exact statutory language), lessor disclosure (known LBP/hazards or no knowledge), list of available records and reports, lessee acknowledgment of pamphlet receipt, agent certification, and all signatures. Violations: civil penalties + treble damages.
How to Use the All-States Lead Paint Disclosure
Identify when the disclosure is required
Determine if the property is target housing: any housing constructed before 1978, EXCEPT housing for the elderly or disabled (where no child under 6 resides or is expected) and 0-bedroom dwellings (studios, efficiencies, dormitories).
Prepare the notice
Obtain the most recent EPA pamphlet Protect Your Family From Lead in Your Home (available free from epa.gov/lead in English, Spanish, and other languages). Have copies ready for every new tenant.
Provide the disclosure
Provide this disclosure form and the EPA pamphlet to the prospective tenant BEFORE the tenant is obligated under any lease. Include the Lead Warning Statement, your knowledge of LBP, and any available records.
Follow statutory timeline
Have the tenant initial each item, sign the disclosure, and have any real estate agent involved sign the agent certification. Retain the signed disclosure for at least 3 years (24 CFR 35.175 retention period).
Document the process
Provide the tenant a copy of the signed disclosure. Maintain the original in your records. If a lease renewal occurs without new lead-based paint information, no new disclosure is required.
Generate the All-States Notice
Complete the fields below to generate a All-States lead-based paint disclosure. Service should comply with 40 CFR Section 745.107 and 24 CFR Section 35.88; retain proof of delivery.
Purpose of this federal disclosure
Required by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. Implements through 40 CFR 745 (EPA) and 24 CFR 35 (HUD). Applies to ALL pre-1978 housing except limited exemptions. Civil penalties for non-compliance plus private right of action with treble damages.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Lead-Based Paint Disclosure Statement
Required Lead Warning Statement
The following statutory Lead Warning Statement is automatically included in the generated PDF: 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.
3. Notice Content
4. Signature
About This All-States Notice
The federal Lead-Based Paint Disclosure Rule is the single most important federal landlord-tenant disclosure requirement. Codified at 40 CFR Part 745 Subpart F (EPA) and 24 CFR Part 35 Subpart A (HUD), it implements Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X, 42 U.S.C. 4852d). The rule applies to all pre-1978 housing (target housing), with limited exemptions for housing for the elderly or disabled (where no child under 6 resides or is expected), 0-bedroom dwellings (studios, efficiencies, dormitories), short-term rentals of 100 days or less, and lease renewals where original disclosure remains accurate. The required elements are: a Lead Warning Statement (statutorily mandated language), the lessor disclosure of known lead-based paint and lead-based paint hazards (or a no-knowledge statement), a list of available records and reports, the EPA pamphlet Protect Your Family From Lead in Your Home, tenant acknowledgment of receipt, agent certification when applicable, and signatures of all parties with dates. The disclosure must be completed BEFORE the tenant is obligated under any lease. Records must be retained for 3 years. Civil penalties under 42 U.S.C. 4852d can reach $24,793 per violation (as of 2026 federal adjustment), and there is a private right of action with treble damages.
All-States 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
- Applies to: pre-1978 target housing (except limited exemptions)
- Lead Warning Statement required (exact statutory language)
- Lessor disclosure of known LBP/hazards or no knowledge
- List of available records and reports
- EPA pamphlet Protect Your Family From Lead in Your Home delivered
- Tenant acknowledgment of receipt
- Agent certification if real estate agent involved
- All signatures with dates
- Retention: 3 years minimum
Delivery Methods
- Before lease obligation — not after move-in
- EPA pamphlet must be physically or electronically delivered
- Multiple-language pamphlets available from EPA at epa.gov/lead
- Tenant initials each statement on the form
- Lessor and any agent certify the disclosure
- Tenant gets copy; lessor retains original 3+ years
Common Mistakes
- Skipping the disclosure for pre-1978 housing
- Providing after lease signing instead of before
- Missing the Lead Warning Statement
- Not providing the EPA pamphlet
- Missing agent certification when an agent is involved
- Stating no knowledge when records exist (false certification)
- Not retaining the signed disclosure for 3 years
- Using outdated form — check epa.gov/lead for current version
Best Practices
- Verify the year of construction before deciding on disclosure
- Use current EPA pamphlet (Spanish version available)
- Disclose before lease signing — not at signing
- Provide all records in your possession or no-knowledge statement
- Get tenant initials on each disclosure item
- Have any agent sign the agent certification
- Retain the original for 3+ years
- Consult counsel for properties with known lead history
Bottom line
Federal law (40 CFR 745 / 24 CFR 35) requires this disclosure for all pre-1978 housing leases, before the tenant is obligated. Provide the Lead Warning Statement, disclose known LBP and hazards, list available records, provide the EPA pamphlet, and obtain signed certification. Retain 3 years. Violations: civil penalties + treble damages.
Frequently Asked Questions
When is the federal lead paint disclosure required?
The federal lead-based paint disclosure is required for ALL pre-1978 housing leases. The disclosure must be provided BEFORE the tenant is obligated under the lease. Exemptions: 0-bedroom units (studios/efficiencies/dorms), housing for the elderly or disabled (with no child under 6 residing or expected), short-term rentals of 100 days or less, and lease renewals where the original disclosure remains accurate.
What must the disclosure contain?
Five required elements: (1) Lead Warning Statement (exact statutory language); (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, lessee, and any real estate agent involved.
How must the disclosure be delivered?
The disclosure must be physically (or electronically with tenant consent) delivered to the tenant before lease signing. The EPA pamphlet must be provided. Tenant initials each disclosure item. The lessor retains the original signed disclosure for at least 3 years (24 CFR 35.175).
What are the obligations and penalties?
Lessor must disclose known LBP/hazards, provide available records, and provide the EPA pamphlet. Tenant must acknowledge receipt and sign. Real estate agents must certify they have informed the lessor of obligations under federal law. Violations can result in civil penalties up to $24,793 per violation (as of 2026 federal adjustment) and treble damages in private actions per 42 U.S.C. 4852d(b)(3).
Who pays for compliance?
The lessor bears the cost of compliance with the federal disclosure rule, including providing the EPA pamphlet (free from epa.gov/lead) and any lead inspections or risk assessments the lessor chooses to conduct. The federal rule does not require lessors to conduct inspections; it only requires disclosure of known information.
What are common mistakes?
Common mistakes include: skipping the disclosure for pre-1978 housing, providing the disclosure after lease signing instead of before, missing the Lead Warning Statement, not providing the EPA pamphlet, missing agent certification when an agent is involved, falsely certifying no knowledge when records exist, not retaining the signed disclosure for 3 years, and using an outdated form.
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