Free Lead-Based Paint Disclosure

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The federally required lead-based paint disclosure for pre-1978 housing rentals in every state. The rule under 42 U.S.C. 4852d, 40 CFR Part 745, and 24 CFR Part 35 applies nationwide. Sign it before the lease, give the tenant the EPA pamphlet Protect Your Family From Lead in Your Home, and offer a 10-day inspection window.

Federal Required 42 U.S.C. 4852d All 50 States Free PDF

Any landlord renting pre-1978 housing anywhere in the United States must complete the federal lead-based paint disclosure required by 42 U.S.C. 4852d (Section 1018 of Title X), the EPA rule at 40 CFR Part 745 Subpart F, and the HUD rule at 24 CFR Part 35 Subpart A. This federal duty applies on top of every state’s landlord-tenant law. The disclosure must include the lead warning statement in its exact federal wording, the lessor’s statement of known lead-based paint or hazards, a list of available records and reports, delivery of the EPA pamphlet Protect Your Family From Lead in Your Home, and certification signatures from the lessor, the tenant, and any real estate agent. The tenant must also receive a 10-day window to inspect, and the whole package must be delivered before the tenant is obligated under the lease. Your state’s landlord-tenant statute governs the underlying tenancy, but it does not replace this federal requirement. See our free landlord-tenant forms library for the rest of your move-in paperwork.

Congress created the disclosure duty in 1992 through Section 1018 of Title X, the Residential Lead-Based Paint Hazard Reduction Act, codified at 42 U.S.C. 4852d. Because lead-based paint was not banned for residential use until 1978, the law treats every home built before that year as potential “target housing.” The statute directed the EPA and HUD to write joint implementing rules, which they issued in 1996 as 40 CFR Part 745 Subpart F (EPA) and 24 CFR Part 35 Subpart A (HUD). The two rules are worded almost identically, and together they set out exactly what a landlord must hand a tenant before a lease of pre-1978 housing becomes binding.

The disclosure is not a state form and does not vary from state to state. A landlord in Texas, Ohio, New York, or California follows the same federal script. What changes from place to place is the surrounding tenancy law, such as how much notice you owe before entry, how deposits are handled, or how a lease ends. Those state rules live in guides like our landlord-tenant forms collection, but they sit beside the federal lead duty rather than replacing it. If a state also imposes its own lead rules, as a few older-housing states do, the landlord satisfies both, never one instead of the other.

The rule targets the leasing transaction, not the physical condition of the paint. A landlord is required to disclose what is known and to deliver the pamphlet and the inspection opportunity. The rule does not, by itself, force the landlord to test for lead, to abate lead, or to certify the unit is lead-safe. That distinction matters: a landlord who has never tested for lead simply discloses “no knowledge,” lists no records, and still fully complies, provided the pamphlet, the warning statement, the 10-day window, and the signatures are all in place.

Complete the fields below to generate a federally formatted lead-based paint disclosure for a pre-1978 rental. Deliver it before the tenant is obligated under the lease and retain proof of delivery. If you are also placing a new renter, pair it with a signed residential lease agreement and screen the applicant first.

The federal lead-based paint rule traces to Section 1018 of Title X (the Residential Lead-Based Paint Hazard Reduction Act of 1992), codified at 42 U.S.C. 4852d. The statute imposes the disclosure obligation and then directs the EPA and HUD to flesh it out. Their joint rules appear at 40 CFR Part 745 Subpart F (sections 745.100 through 745.119) and 24 CFR Part 35 Subpart A. The core operative sections are 745.107 (disclosure requirements), 745.110 (the opportunity to conduct an evaluation), and 745.113 (certification and acknowledgment of disclosure). For a pre-1978 rental, the lessor must give the lead warning statement, state any known lead-based paint or hazards, list available records, deliver the EPA pamphlet Protect Your Family From Lead in Your Home, offer the 10-day inspection window, and obtain signed certifications from the lessor, the tenant, and any agent involved.

The lead warning statement is the one piece of the disclosure whose wording is fixed. For leases, section 745.113(b) prescribes it verbatim: “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.” That block must be reproduced exactly; the disclosure this page generates includes it word for word.

The 10-day inspection opportunity is the part landlords most often miss. Under 42 U.S.C. 4852d(a)(1) and 40 CFR 745.110, before the tenant is obligated under the lease, the rule entitles the tenant to a 10-day period to conduct a risk assessment or inspection for lead-based paint and hazards, unless the lessor and tenant agree in writing to a different period. The window can be shortened, lengthened, or waived, but only by written mutual agreement, and the tenant who wants an inspection generally arranges and pays for it. Documenting that the offer was made, and whether the tenant used or waived it, is what protects the lessor later. Note that for rentals, the tenant is not automatically entitled to the inspection period the way a home purchaser is; the landlord’s core duty is to offer it and record the tenant’s response.

The rule also fixes recordkeeping. Under 40 CFR 745.113(c) and 24 CFR 35.175, the lessor must keep a copy of the completed, signed disclosure for no less than three years from the start of the leasing period. If the same tenant renews and no new lead information has come to light and no new records exist, the landlord does not have to repeat the disclosure. But any new tenant, or any new lead evaluation, triggers a fresh disclosure.

Not every rental triggers the disclosure. The rule exempts several categories of “target housing” that Congress and the agencies concluded pose little or no risk to young children. Confirm none of these applies before you decide the disclosure is unnecessary, and when in doubt, disclose anyway.

• Zero-bedroom dwellings — studios, efficiencies, lofts, dormitory rooms, and similar units with no separate bedroom.
• Housing for the elderly or persons with disabilities — unless a child under the age of six resides or is expected to reside there.
• Short-term leases — a lease of 100 days or less with no possibility of renewal or extension (for example, a fixed vacation rental).
• Certified lead-free housing — housing that an EPA-certified inspector has certified to be free of lead-based paint.
• Renewals to the same tenant — a renewal of an existing lease where the disclosure was already made and no new information or records have surfaced.
• Post-1977 construction — housing built in 1978 or later is outside “target housing” entirely.

On the landlord’s side, the duties are concrete: disclose known lead-based paint or hazards (or state honestly that none is known), hand over every record and report in the landlord’s possession, deliver the EPA pamphlet, include the exact lead warning statement, offer the 10-day inspection opportunity, collect the tenant’s and any agent’s signatures, and keep the signed original for three years. A landlord who has no lead information still complies by disclosing “no knowledge” and listing no records; honesty, not testing, is the requirement.

On the tenant’s side, the acknowledgment side of the form confirms that the tenant received the disclosure and the pamphlet, had the chance to read the warning statement, and either used or waived the 10-day inspection window. The tenant’s signature does not surrender any state-law right; it only documents that the federal information was delivered. Tenants who suspect lead hazards can still request an inspection during the window, and free EPA and local-health-department resources are available to help.

Remedies and penalties give the rule teeth. A person who knowingly violates the disclosure requirement is subject to federal civil penalties, which the current inflation adjustment at 40 CFR 19.4 sets at up to forty-nine thousand seven hundred seventy-two dollars per violation. More directly, 42 U.S.C. 4852d(b)(3) makes a knowing violator jointly and severally liable to the tenant for treble damages — three times the amount of damages the tenant actually incurred. The Department of Justice can also seek injunctive relief. Because a single missed disclosure can support both a penalty and a private treble-damages claim, the paperwork is genuinely worth getting right.

• Federal statute: 42 U.S.C. 4852d (Section 1018 of Title X)
• EPA rule: 40 CFR Part 745 Subpart F (sections 745.100–745.119)
• HUD rule: 24 CFR Part 35 Subpart A
• Applies to: pre-1978 residential target housing in all states, DC, and the territories
• Exempt: zero-bedroom units, elderly or disabled housing with no child under six, leases of 100 days or less with no renewal, certified lead-free housing, and a renewal to the same tenant with no new information
• Lead warning statement in the exact federal wording (745.113(b))
• EPA pamphlet delivered to the tenant
• 10-day inspection window offered before the lease binds (745.110)
• Retention: 3 years minimum (745.113 / 24 CFR 35.175)

• 42 U.S.C. 4852d(a) — imposes the disclosure, pamphlet, and 10-day inspection duties before the lease binds.
• 42 U.S.C. 4852d(b)(3) — treble damages: a knowing violator is jointly and severally liable to the tenant for three times the damages incurred.
• 40 CFR 745.107 — the specific disclosure elements the lessor must provide.
• 40 CFR 745.110 — the opportunity to conduct a lead risk assessment or inspection.
• 40 CFR 745.113 — the certification, acknowledgment, and verbatim lead warning statement.
• 40 CFR 19.4 — the current civil-penalty inflation adjustment (up to forty-nine thousand seven hundred seventy-two dollars per violation).
• 24 CFR Part 35 Subpart A — HUD’s parallel rule and the 3-year recordkeeping requirement.

• Before the lease binds — not after move-in
• EPA pamphlet delivered (English or Spanish as needed)
• 10-day inspection window offered, or a different period agreed in writing
• Tenant initials each statement and signs the certification
• Lessor and any agent certify the disclosure
• Tenant gets a copy; the lessor retains the original 3+ years

• Skipping the disclosure on pre-1978 housing because the state lease already has a lead line
• Delivering it after the lease is signed instead of before the tenant is obligated
• Omitting or paraphrasing the lead warning statement instead of using the exact wording
• Not providing the EPA pamphlet (or providing an outdated version)
• Denying the 10-day inspection window or failing to record whether the tenant used or waived it
• Missing the agent certification when a real estate agent is involved
• Certifying no knowledge when reports or records actually exist
• Not retaining the signed original for three years
• Assuming a state-specific lease clause replaces the separate federal disclosure

• Verify the year of construction before you decide the rule applies
• Use the current EPA pamphlet (Spanish version available for tenants who need it)
• Deliver before lease signing and document the delivery date
• Provide all records in your possession, or make a clear no-knowledge statement
• Offer the 10-day window and record whether the tenant used or waived it
• Get tenant initials on each item and any agent’s signature
• Retain the signed original for at least three years from the start of the lease
• Consult local counsel for properties with a known lead history or an open evaluation

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