Free Louisiana Lead Paint Disclosure
The federal disclosure every Louisiana landlord must deliver before leasing housing built before 1978. Authority is 42 U.S.C. 4852d and 40 CFR Part 745 Subpart F. Louisiana adds no lead paint disclosure statute of its own — and the 10-day inspection window you see quoted everywhere is a sales rule, not a rental rule.
A Louisiana lead paint disclosure is the federally mandated form a landlord delivers to a prospective tenant before any lease of residential property built before 1978. It carries the fixed federal lead warning statement, states the lessor’s actual knowledge of lead-based paint and hazards, lists the records being handed over, documents the tenant’s receipt of the EPA pamphlet Protect Your Family From Lead in Your Home, captures any agent’s acknowledgment, and is signed and dated by every party. Authority is 42 U.S.C. 4852d (Section 1018 of Title X, the Residential Lead-Based Paint Hazard Reduction Act of 1992), implemented at 40 CFR Part 745 Subpart F (EPA) and 24 CFR Part 35 Subpart A (HUD). Louisiana imposes no lead paint disclosure statute of its own — we walked the state’s entire lead chapter to confirm it, and the words lessor and landlord never appear there. What Louisiana does add sits elsewhere: a Civil Code lease warranty that reaches defects you never knew about and cannot be waived away for a health hazard, plus a regulator split that sends your abatement to LDEQ and your ordinary repairs to EPA Region 6. Generate the form below, then read on for exactly what the rule requires.
- Pre-1978 is the only trigger. Original construction before 1 January 1978 makes the unit “target housing” and the disclosure mandatory. The build date controls even if the unit was gutted and rebuilt in 1995.
- Louisiana has no lead paint disclosure statute. The duty is 100% federal. R.S. 30:2351.1–.59 is Louisiana’s lead chapter and it regulates contractors, not landlords — the word “lessor” appears in it zero times.
- The 10-day inspection window does not apply to leases. 40 CFR 745.110(a) gives it to purchasers only. The lessor items at 40 CFR 745.113(b) contain no inspection item.
- A 0-bedroom dwelling is excluded outright. Under 40 CFR 745.103 the exclusion for “any 0-bedroom dwelling” — an efficiency, studio, or rented room where the living area is not separated from the sleeping area — is a separate, unconditional exclusion. Only the elderly-or-disabled limb carries the child-under-six condition, so a studio stays outside target housing even with a young child in it.
- You never have to test. The rule compels disclosure of actual knowledge, not investigation. But Louisiana’s Civil Code art. 2697 warranty reaches defects you did not know about — so not testing is not a shield in state court.
- Your as-is clause does not cover lead. Civil Code art. 2699(3) voids any waiver of the warranty for defects that seriously affect health or safety in a residential lease.
- Abatement is LDEQ’s; renovation is EPA’s. Louisiana never took RRP authorisation. LDEQ states plainly that it “does not have authority over” the RRP rule and points landlords to EPA Region 6.
- Retain the signed disclosure three years from the start of the leasing period (40 CFR 745.113(c)). It is your only real defence in an enforcement inquiry.
Louisiana lead paint disclosure overview
Louisiana Lead Paint Disclosure at a Glance
Trigger
Built before 1978
Authority
42 U.S.C. 4852d
Louisiana statute
None — federal only
Retention
3 years
Timing
Before lease obligation
Pamphlet
EPA, mandatory
Duty to test
No
10-day inspection
Sales only
Abatement regulator
LDEQ
Renovation (RRP)
EPA Region 6
Lease warranty
CC arts. 2696–2699
Waiver of warranty
Void for health hazards
What the Louisiana lead paint disclosure does
The lead paint disclosure — often called the Section 1018 disclosure, after the 1992 statute that created it — is the formal federal notice a Louisiana landlord delivers to a prospective tenant for any residential property built before 1978. It does four things in one document.
First, it puts the tenant on notice of potential lead exposure through the federally mandated lead warning statement, the fixed language at 40 CFR 745.113(b)(1) that must be attached to or included within the lease. The words are prescribed. They are not a template you improve.
Second, it transmits the lessor’s actual knowledge of lead-based paint and lead-based paint hazards in the dwelling. The lessor picks exactly one of two positions: known lead-based paint or hazards are present, with an explanation, or the lessor has no knowledge of any. There is no third box and no “unknown” hedge.
Third, it transmits the records. Any inspection report, risk assessment, abatement record, or lead evaluation in the lessor’s possession goes to the lessee with the form, or the lessor states affirmatively that none exists. This item catches more landlords than the knowledge item, because records covering the wider building are easy to forget.
Fourth, it documents receipt — of the disclosure itself and of the EPA pamphlet. The lessee’s initials, and any agent’s, are what an investigator asks for first. A landlord with a signed, dated, retained disclosure is in a fundamentally different position from one without.
The duty is not waivable and does not bend to circumstances. A pre-1978 Louisiana rental leased without a signed disclosure is a violation on the day the lease is signed, whether or not the unit contains any lead at all. That last point surprises people: the violation is the failure to disclose, not the presence of lead. You can be penalised for skipping the paperwork on a building that turns out to be perfectly clean.
Does Louisiana have its own lead paint law?
Not for disclosure. The duty is entirely federal. This is the question no page ranking for Louisiana lead paint actually answers from statute, so here is the work behind the answer.
Louisiana’s lead legislation is the Lead Hazard Reduction chapter at R.S. 30:2351.1 through 2351.59, enacted by Acts 1993, No. 224. We read every section of it that exists on the Louisiana State Legislature’s own site — 2351.1 through 2351.12, 2351.21 through 2351.23, 2351.41, and 2351.51 through 2351.59. Across that entire chapter, the word lessor appears zero times, the word landlord appears zero times, and the phrase owner shall appears zero times. The only provisions containing the word “disclose” are 2351.5(B)(3) and 2351.10(B)(2), which require a contractor renewing a licence to disclose their own prior regulatory violations. That is not a landlord disclosure duty by any reading.
What the chapter actually is, is a contractor regime:
- R.S. 30:2351.2 — no person may perform lead hazard reduction activities in Louisiana unless licensed or certified.
- R.S. 30:2351.3 — the certification categories: lead hazard reduction planner, inspector, lead project supervisor, worker.
- R.S. 30:2351.4 — lead contractors are licensed through the State Licensing Board for Contractors.
- R.S. 30:2351.12(B) — the chapter does not apply to a homeowner doing lead work on a residence they own and occupy. Read that limb carefully: it is an owner-occupier carve-out. It is not a landlord exemption, and a landlord who assumes otherwise has misread it.
- R.S. 30:2351.23 — a lead contractor must hold a permit from the secretary before commencing an abatement project.
- R.S. 30:2351.53 — where lead reports exist for a licensed day care, preschool or school first operated after 1 August 2012, the owner and inspector jointly notify the secretary and the state health officer in writing within 90 days. This is a child-occupied facility duty. It is not a residential rental duty.
- R.S. 30:2351.56 — Louisiana’s rules must be no less stringent than the federal minimum, and yield where federal law preempts.
The other place a Louisiana lead duty might have lived is Title 40, the public health title. The former Part XVII, “Lead Poisoning Prevention and Control” at R.S. 40:1299.20, was repealed by Acts 1989, No. 662, and the neighbouring provisions were redesignated out by HCR 84 of 2015. There is no current Title 40 provision putting a lead duty on a residential landlord.
The state agency says the same thing
The Louisiana Department of Environmental Quality explains Section 1018 on its own lead FAQ and describes it in these words: the rule “will be federally administered and will act as a complement to the disclosure requirements that already exist in some states.” LDEQ never claims Louisiana is one of those states, because it is not. LDEQ’s own account of its remit, from the same page, is that the 1993 Legislature directed it to “establish and implement rules that govern lead-based paint activities” — activities, meaning the work, meaning contractors.
Why does this matter to you as a landlord? Because the commonest way a compliance page goes wrong is by finding a state’s lead-contractor statute, seeing the words “lead” and “Louisiana” in the same chapter, and reporting it as though it created a landlord duty. It does not. Conflating a contractor certification regime with a disclosure duty produces a page that sounds authoritative and tells you to do things the law never asked of you. “Louisiana adds nothing to the federal disclosure duty” is the correct answer, and it is a useful one: it means you can stop hunting for a Louisiana form. The federal form is the form. What you cannot ignore is the Civil Code — see the Louisiana Civil Code overlay below, which is where this state genuinely bites.
One honest caveat on the local layer. Several Louisiana municipalities, New Orleans in particular, run their own healthy-homes, rental-registration and lead-work programmes, and these can impose real obligations that state law does not. We could not retrieve the current primary text of any New Orleans ordinance while preparing this page, so we state no ordinance number, no deadline and no duty here rather than repeat an unverified claim. If your property is in New Orleans or another municipality with a rental registry, confirm the local requirements with the city directly. A city ordinance is never state law, and an unverified ordinance is not a rule you should be planning around.
Who regulates lead in Louisiana: LDEQ, EPA Region 6, and the gap between them
This is the most practically useful thing on this page and no competing Louisiana result covers it. Louisiana splits lead oversight across two regulators, and the split is counter-intuitive: the state runs the rare work and the federal government runs the common work.
| Activity | Who regulates it in Louisiana | Authority | What you actually do |
|---|---|---|---|
| Disclosure before a lease of pre-1978 housing | EPA and HUD — federal only. Louisiana adds nothing. | 42 U.S.C. 4852d; 40 CFR 745 Subpart F; 24 CFR 35 Subpart A | Deliver the federal disclosure and pamphlet before the tenant is obligated. Retain three years. |
| Abatement — work intended to eliminate lead hazards permanently | LDEQ (Louisiana Department of Environmental Quality) | R.S. 30:2351.1–.59; LDEQ lead rules at LAC Title 33, Part III | Hire an LDEQ-accredited inspector, risk assessor, supervisor and workers. The contractor pulls an abatement permit under 2351.23. |
| Renovation, repair and painting that disturbs paint in a pre-1978 unit | EPA Region 6 — not LDEQ. Louisiana is not an RRP-authorised state. | 40 CFR 745 Subpart E (the RRP rule) | Hire an EPA-certified renovation firm. Give occupants the lead-hazard information before work starts. |
| Habitability and the lease warranty | Louisiana courts, under the Civil Code | La. Civ. Code arts. 2682, 2684, 2691, 2696–2699 | Repair the defect. You cannot contract out of a health-and-safety hazard. |
The middle two rows are where landlords go wrong. Abatement is a deliberate, permanent hazard-elimination project — the kind of job a landlord commissions rarely, if ever. LDEQ accredits the people who do it, and LDEQ’s accreditation covers inspectors, risk assessors, project supervisors, workers and the training providers who teach them.
Renovation, repair and painting is the ordinary stuff: replacing a window, scraping and repainting a porch, pulling out a rotten door frame. It is not intended to eliminate lead; it just disturbs paint. And it is the work an actual landlord actually orders, constantly. In most people’s mental model the state agency that handles lead handles all of it. In Louisiana it does not, and LDEQ says so itself, in terms, on its own lead-based paint accreditation page:
LDEQ, in its own words
“USEPA Renovation, Repair and Painting Rule — This federal regulation applies to companies that perform renovations, remodeling, repairs, and painting in target housing and child-occupied facilities. LDEQ does not have authority over this program. Please contact EPA Region 6 at (214) 665-6711 with any questions regarding this rule.”
Louisiana never sought authorisation to run the RRP programme and, on the independent record kept by the National Center for Healthy Housing, “follows the EPA RRP Rule and has no plan to adopt its own.” So the operational rule for a Louisiana landlord is short: for a repair that disturbs paint in a pre-1978 unit, hire an EPA-certified firm, not an LDEQ-accredited one. Checking a contractor against LDEQ’s accreditation list and stopping there is a natural mistake that leaves you with an uncertified renovator on a federally regulated job. The two credentials are not interchangeable and the lists are maintained by different governments.
What the rule actually requires: the six elements of 40 CFR 745.113(b)
Most pages describe the disclosure in the abstract. It is more useful to see it as the regulation writes it — as six enumerated items a lease disclosure must contain. This is 40 CFR 745.113(b), the lessor provision. It is a different list from 745.113(a), which governs sales, and the difference is the source of most of the misinformation on this topic.
| Item | What 745.113(b) requires | Who supplies it |
|---|---|---|
| (b)(1) | The lead warning statement, in the exact prescribed wording, attached to or included in the lease. | Fixed federal text |
| (b)(2) | The lessor’s statement of any known lead-based paint or hazards, with location and condition, or a statement of no knowledge. | Lessor |
| (b)(3) | A list of any records or reports the lessor is providing, or a statement that none are available. | Lessor |
| (b)(4) | The lessee’s statement affirming receipt of the information above and of the EPA pamphlet. | Lessee |
| (b)(5) | Where an agent is involved, the agent’s statement that the agent has informed the lessor of the lessor’s obligations and is aware of their own duty to ensure compliance. | Agent |
| (b)(6) | The signatures of the lessor, the agent and the lessee, certifying accuracy, with dates. | All parties |
Two observations that matter more than they look.
There is no inspection item. Read (b)(1) through (b)(6) again and notice what is absent: nothing about a 10-day window, nothing about an opportunity to inspect, nothing to waive. The sales list at 745.113(a) has an extra item, (a)(5), carrying a statement that the purchaser has received the 10-day opportunity or waived it. That item exists only on the sales side. When a form vendor builds one lead paint template and sells it for both transactions, (a)(5) leaks onto the lease version — and a fabricated federal duty is born. Our generator does not print it.
Items (b)(4) and (b)(5) are not yours. They are statements by the lessee and by the agent. A landlord physically cannot know, at the moment of filling in a form, that the tenant has received the pamphlet. That is why those lines print blank on the PDF this page generates, and why we regard a generator that lets a landlord pre-tick them as actively dangerous — it manufactures a false statement on a document everyone then signs certifying its accuracy.
On the agent limb: 745.113(b)(5) reaches an agent, but the rule’s definition of agent covers a party retained to conduct the transaction and compensated by the lessor. A tenant’s own broker, paid by the tenant, is not the lessor’s agent and carries no certification duty here. If you self-manage and no agent is involved, item (b)(5) simply does not apply — leave the agent block empty rather than signing it yourself.
Target housing: the pre-1978 trigger
Everything turns on one definition. 40 CFR 745.103 says target housing means “any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing).” Read the parentheses where they actually sit: the child-under-six condition closes immediately after “disabilities,” so it qualifies the elderly-or-disabled limb only. “Or any 0-bedroom dwelling” is a separate, unconditional exclusion — a studio is not target housing even when a child under six lives there.
Why 1978? The Consumer Product Safety Commission banned lead-containing paint for consumer use in 16 CFR 1303.1, and that ban reaches paint manufactured after 27 February 1978. That is the historical reason the cutoff sits where it does, and it is all it is. The operative legal test is not when the paint was made, or when it was applied, or when anybody last painted — it is 745.103’s “constructed prior to 1978.” Pages that quote the CPSC manufacturing date as though it were the disclosure trigger are conflating two different rules. Use the construction date.
How to establish the build year in Louisiana. The parish assessor’s records are the usual source and are generally available online; the certificate of occupancy, the original building permit, and title records all corroborate. The burden of correctly identifying target housing is the lessor’s, and “I thought it was early eighties” is not a defence. Where a property sits near the line, the cost of disclosing anyway is a sheet of paper.
Renovation does not reset the clock. A 1952 Mid-City double that was stripped to the studs in 2004 is still target housing. Original construction is the test. This trips up landlords who reason that new drywall means no old paint — but the rule does not ask about the paint, it asks about the year. Equally, a building put up in 1978 or later is outside the rule entirely no matter how much lead a test might find in it.
Common areas count. Where the building predates 1978, the disclosure scope reaches shared hallways, stairwells, galleries, porches and laundry rooms, not only the four walls of the leased unit. Your knowledge and your records about those spaces are disclosable.
Which pre-1978 Louisiana rentals fall outside the rule
Two different regulations do this work and they are routinely mashed together. Keeping them apart is the difference between applying an exclusion correctly and inventing one.
First, 40 CFR 745.103 excludes two categories from the definition of target housing itself:
- Housing for the elderly or persons with disabilities — this limb collapses if any child under six resides or is expected to reside there. The child condition belongs to this limb alone.
- Any 0-bedroom dwelling — an efficiency, studio, dormitory room, or rented room with no separate sleeping area. This is a separate, unconditional exclusion: a 0-bedroom unit stays outside target housing regardless of who lives there, including a family with a young child.
The sentence everyone parses wrong
Read the structure exactly as 40 CFR 745.103 is written: except [ housing for the elderly or persons with disabilities (unless a child under six resides or is expected) ] or [ any 0-bedroom dwelling ]. The child parenthetical closes before the word “or,” so it reaches the elderly-and-disabled limb only. A 0-bedroom dwelling is a separate, unconditional exclusion — a studio stays outside target housing even when a child under six lives in it. Nearly every ranking page, AI answer, and stale chart mangles this by stretching the child condition across both limbs, or by claiming a “2025 amendment” moved it; the regulation does no such thing. Only one of the two definitional limbs carries a child condition.
And 745.103 tells you what a 0-bedroom dwelling actually is, which spares you the guesswork: “any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.” So a room let in a larger house — a common arrangement near Louisiana’s universities — is a 0-bedroom dwelling and sits outside target housing.
Second, 40 CFR 745.101 exempts four transactions that would otherwise be covered. These are exemptions, not definitional exclusions, and — this is the part to hold on to — not one of them carries a child condition:
- 745.101(a) — “Sales of target housing at foreclosure.”
- 745.101(b) — “Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program.” Note that this needs a certified inspector’s finding. Your own confidence that the building is clean is not a finding.
- 745.101(c) — “Short-term leases of 100 days or less, where no lease renewal or extension can occur.” Both halves are required. A 90-day lease with a renewal option does not qualify, which disposes of most Louisiana corporate and student lets that people assume are exempt.
- 745.101(d) — “Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 745.107 and where no new information described in § 745.107 has come into the possession of the lessor.” The cross-reference is to 745.107, not 745.113 — a detail worth getting right if you are ever arguing this.
The timing rule that sits over all of this is 40 CFR 745.107(a), which applies “before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction.” That is the whole trigger phrase, quoted as written — and it is worth quoting as written, because a shortened paraphrase of this exact sentence has been fabricated and circulated before now.
The practical posture. These carve-outs are narrow and each one is a factual claim you would have to prove later. If the answer is not obviously and documentably yes, disclose. There is no penalty for disclosing on a unit that turned out to be exempt, and there is a substantial one for the reverse.
The EPA pamphlet requirement
The disclosure form alone is not compliance. The lessor must also deliver the EPA-approved pamphlet Protect Your Family From Lead in Your Home, published jointly by EPA, HUD and the CPSC and free to download from epa.gov/lead. Handing over the form without the pamphlet is a separate violation supporting separate damages, and it is one of the easiest things in this entire area to get right.
Use the current edition. EPA revised the pamphlet and the current English edition carries the identifier EPA-747-K-12-001; a Spanish edition, Para Proteger A Su Familia Del Plomo En Su Hogar, is published alongside it. Deliver the edition matching the language of the transaction.
A link is not delivery. The pamphlet must reach the tenant as a document — on paper, or as an attached file they receive. Posting it on your listing page, or dropping a URL into an email, does not discharge the duty. This is the single most common electronic-delivery failure: the disclosure gets properly e-signed while the pamphlet stays behind a hyperlink.
Evidence beats memory. The lessee’s initials on item (b)(4) are your proof the pamphlet was delivered. Keep a copy of what you sent with the disclosure in the same file. In an inquiry, “we always give it out” is worth nothing next to an initialled line.
No duty to test — but a duty to disclose everything you know
The federal rule asks what you know. It does not ask you to find out. There is no obligation on a Louisiana landlord to inspect, test, sample, or hire a risk assessor before leasing a pre-1978 unit, and a landlord who has never tested is entitled to say so on the form. “No knowledge” is an honest, lawful, extremely common answer.
The trap is on the other side of that sentence. Actual knowledge is broad, and it is not limited to a lab report. If a previous tenant complained about peeling paint, if a contractor mentioned lead while quoting a window job, if a child in the unit was diagnosed with an elevated blood lead level, if you hold a risk assessment for the building next door that you also own — you know something, and checking “no knowledge” becomes a false statement on a certified document. That is no longer a paperwork violation; it starts to look like fraud, and the knowing-violation limb of 42 U.S.C. 4852d(b)(3) is what carries treble damages.
And “available records” reaches further than most landlords assume. It covers reports in your possession and reports reasonably obtainable by you: evaluations commissioned by a previous owner and handed over at closing, building-wide assessments covering common areas, records held by your management company on your behalf. A landlord who discloses only the report for the specific unit while holding a building-wide risk assessment has violated the records item even though the knowledge item was answered truthfully.
Louisiana closes the gap the federal rule leaves open
Here is the wrinkle that makes Louisiana different from a common-law state, and it deserves a moment. Federal disclosure is an actual-knowledge standard with no duty to investigate — so not testing is a complete answer to the disclosure rule. But La. Civ. Code art. 2697 provides that the lessor’s warranty against vices or defects “also encompasses vices or defects that are not known to the lessor.” And art. 2699 makes a waiver ineffective as to defects “of which the lessee did not know and the lessor knew or should have known.” Constructive knowledge, in other words. So ignorance is a defence to the federal disclosure claim and no defence at all to the Louisiana warranty claim arising from the same lead hazard. Not testing keeps your disclosure honest. It does not keep you out of state court.
The 10-day inspection window is a sales rule, not a rental rule
If you take one correction away from this page, make it this one. There is no federal 10-day lead inspection right for tenants. There never has been.
Here is 40 CFR 745.110(a) in full: “Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.”
Every operative noun is a sales noun: purchaser, purchase, seller. The authorising statute, 42 U.S.C. 4852d(a)(1)(C), is drafted the same way. The lessor’s list at 745.113(b) has no inspection item, and nothing in Subpart F obliges a landlord to offer an inspection period or to obtain a waiver of one.
Where the myth comes from. 40 CFR 745.113(a)(5) requires the sales disclosure to carry a statement that the purchaser has received the 10-day opportunity or waived it. Form vendors build a single lead paint template, wire it to both transactions, and (a)(5) rides along onto the lease version. Once one template has it, the next one copies it, and eventually it turns up in AI-generated summaries as settled law.
Why we refuse to print it. A waiver line on a lease disclosure is not a harmless extra. It is an untrue statement of law on a document the parties sign certifying that the information is true and accurate, and it invites a tenant to waive a right they never had — which, if it were ever litigated, is a poor look for the landlord who presented it. A form that is silent about a nonexistent duty is simply correct. A form that manufactures one is worse than useless.
What you may do. Nothing stops a Louisiana landlord from voluntarily giving a prospective tenant time and access to arrange their own inspection, and for an anxious family in a pre-1978 unit it is a decent thing to offer. Just keep it in the correspondence where it belongs, as a courtesy you chose to extend — not on the federal disclosure as though the regulation demanded it.
An honest note on the state of the evidence, since we checked: for these Louisiana queries the top organic results mostly get this right — the ones that mention 10 days scope it to the buyer. The error lives in the AI answer layer and in form-vendor templates rather than in the pages currently ranking. Our own earlier version of this page also scoped it correctly, and we have kept it that way.
Generate your Louisiana lead paint disclosure
Complete the fields below to generate a federally compliant Louisiana lead paint disclosure. The generated PDF reproduces the lead warning statement, the lessor’s disclosure items, the lessee’s acknowledgment items, the agent’s acknowledgment, and the certification of accuracy with signature and date lines for each party.
Why the acknowledgment lines print blank
The lessee’s and agent’s acknowledgment items and every signature line print as blank initial and signature lines by design. Those items are statements by the lessee and the agent, executed in wet ink or by e-signature at signing — they are not facts the landlord can assert in advance. A form that lets a landlord pre-tick “tenant received the pamphlet” before the tenant has received anything is not a compliance aid; it is a fabricated acknowledgment on a certified document. This generator asks you only for what you can truthfully supply, and it prints no 10-day inspection or waiver line, because no such duty exists on a lease.
Louisiana Lead Paint Disclosure Generator
1. Property and dates
2. Lessor and lessee
3. Lessor’s knowledge of lead-based paint
4. Records and reports
How to complete and deliver the disclosure
Six steps from build-year check to retained file
Confirm the build year
Pull the parish assessor record, the certificate of occupancy, or the permit file. Original construction before 1 January 1978 triggers the duty. A later gut renovation does not reset it.
Check the narrow carve-outs honestly
A 0-bedroom dwelling such as an efficiency or studio is a separate, unconditional exclusion from target housing under 40 CFR 745.103. Designated elderly or disabled housing is excluded too, but only where no child under six resides or is expected. Separately, 745.101 exempts foreclosure sales, certified lead-free leases, leases of 100 days or less with no renewal, and qualifying renewals. If the answer is not obviously yes, disclose.
Gather records and fix your knowledge position
Collect every inspection report, risk assessment, and abatement record you hold, including building-wide evaluations covering common areas and other units. Then choose honestly between known hazards present and no knowledge. There is no duty to test, and no room to guess in either direction.
Generate and deliver with the pamphlet, before obligation
Hand over the disclosure and the EPA pamphlet before the tenant signs or pays a holding deposit — not at move-in, not with the keys. Late delivery is the same violation as no delivery.
Collect the acknowledgments you cannot supply yourself
The lessee initials items (c) and (d). Any compensated agent initials item (e). Every party signs and dates the certification. You never fill these in on anyone’s behalf.
File it for three years, and think about longer
Retention runs three years from the commencement of the leasing period. Keep the signed disclosure, proof of pamphlet delivery, and any records you handed over together in one place, per unit, per tenancy.
Recordkeeping: the three-year rule
40 CFR 745.113(c) requires the lessor to retain the completed disclosure — or the lease containing it — for three years from the commencement of the leasing period. Not three years from signing, not three years from move-out: from the start of the leasing period.
The regulation then says something that is widely misdescribed, so here it is exactly. 745.113(c)(2) provides that the recordkeeping requirement “is not intended to place any limitations on civil suits under the Act, or to otherwise affect a lessee’s or purchaser’s rights under the civil penalty provisions of 42 U.S.C. 4852d(b)(3).”
What that sentence does is confine the three-year rule to its own lane: it is a records-retention obligation, and it is not a statute of limitations dressed up as one. What that sentence does not do is announce that “the expiry of three years is no defence” — that is a gloss we have seen written on top of this provision, and it is not in the text. We are quoting the regulation rather than paraphrasing it precisely because this provision attracts embellishment.
The practical advice runs past the minimum anyway. Three years is the floor; the exposure is longer. And check the year on any Louisiana page that tells you otherwise: Louisiana’s general prescriptive period for delictual actions used to be one year under Civil Code art. 3492, but art. 3492 was repealed by Acts 2024, No. 423, effective 1 July 2024. The rule now sits at art. 3493.1, in terms: “Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained.” Any page still printing the one-year figure — and most of them do, including an earlier version of this one — is quoting a repealed article. Two years, running from the injury, still sounds comforting until you consider that lead exposure in early childhood surfaces as a diagnosis years afterwards, and that prescription analysis in a case brought on behalf of a minor is not something you want to be running from an empty file. Keep the disclosure package for as long as you own the building. It is one PDF.
What to keep together, per tenancy: the signed disclosure, the record of pamphlet delivery, copies of any reports handed over, and the lease itself. Building-wide lead evaluations should live in the building file and be copied into each unit’s tenancy file as they are disclosed. A landlord who can produce that package in ten minutes is in a completely different position from one reconstructing it under a deadline.
Delivering the disclosure electronically
Electronic delivery and signature are lawful. The federal E-SIGN Act at 15 U.S.C. 7001 gives an electronic record and an electronic signature the same legal effect as ink and paper, and EPA has confirmed the lead paint disclosure may be delivered and executed electronically. Four conditions travel with that.
- Affirmative consent. The tenant must actually agree to transact electronically. Silence is not consent, and a clause buried in the lease they have not signed yet is not consent either.
- Disclosure about the consent. Before consenting, the tenant must be told what they are agreeing to, including how to withdraw and how to obtain a paper copy.
- Demonstrable access. They must be able to open what you send in the format you send it. Sending a format the tenant cannot read is not delivery.
- Retention and reproduction. You must retain the executed record and be able to reproduce it accurately for the full three years. An e-signature platform you stop paying for in year two is a records failure waiting to happen — export the signed PDFs.
And the one that catches people, again: the pamphlet must be delivered, not linked. Attach the PDF. A link in the body of an email is not delivery of a document, and an e-signed disclosure sitting next to an unclicked hyperlink is a violation with a perfect paper trail proving it.
Renovating an occupied pre-1978 Louisiana rental: a second, separate duty
Disclosure governs the transaction. It says nothing about what happens once the tenant is living there and you send someone to fix a window. That is a different regulation with a different regulator, and in Louisiana the regulator is not the one most landlords expect.
The Renovation, Repair and Painting rule sits at 40 CFR Part 745 Subpart E. It bites where work disturbs more than six square feet of painted surface inside a pre-1978 unit, more than twenty square feet outside, or involves window replacement or demolition of painted surfaces at any size. Below those thresholds it is a minor repair; above them it is a regulated renovation.
What the rule requires of a landlord commissioning work:
- Certified firm, EPA-certified. The renovation firm must hold EPA certification and use certified renovators trained in lead-safe work practices. In Louisiana this credential comes from EPA, not LDEQ — see the regulator split above. LDEQ’s accreditation is for abatement, and an LDEQ-accredited abatement contractor is not automatically an EPA-certified renovation firm.
- Lead-hazard information to occupants before work begins. Tenants of the affected unit must receive the EPA renovation pamphlet Renovate Right before the work starts, with documented receipt.
- Lead-safe work practices. Containment, no open-flame burning, no high-heat gunning, no uncontained power sanding or blasting, and a specified cleaning and verification procedure at the end.
- Records. Retain the renovation documentation, including proof the occupants received the information, for three years.
The self-performing landlord’s trap: doing the work yourself does not exempt you. R.S. 30:2351.12(B) excuses a homeowner working on a residence they own and occupy from the state abatement chapter — that is not you, and in any event it is the wrong statute, because ordinary repair work in Louisiana is governed by the federal RRP rule which has no such landlord carve-out. A rental unit is not owner-occupied housing.
Why it matters commercially, not just legally: disturbing old paint badly is how a compliant, quiet, no-knowledge building becomes a contaminated one with a poisoned child in it. Disclosure paperwork protects you from a paperwork claim. Nothing on this page protects you from the consequences of an uncontained sanding job in an occupied 1940s house.
Penalties — and why the figures quoted elsewhere are stale
You will find a specific dollar figure on nearly every competing page. We are not going to give you one, and the reason is that we cannot give you an accurate one and neither can they.
Federal civil penalty maximums are recalculated for inflation every year under the adjustment mechanism at 40 CFR 19.4. Any figure published in an article is therefore correct for a matter of months and then quietly wrong forever, and nothing in the article tells the reader which state it is in. Among the pages ranking for these Louisiana queries, the ones that print a number print three different numbers, none dated. Our own previous version of this page printed a figure too, sourced to 24 CFR 30.65, and it had gone stale exactly as predicted. A number you cannot verify is worse than no number, because it looks like precision.
What is stable is the architecture of the exposure, and that is what you should plan around:
- Agency civil penalties, per violation. 40 CFR 745.118(a) makes a person who knowingly fails to comply subject to civil monetary penalties “in accordance with the provisions of 42 U.S.C. 3545 and 24 CFR part 30,” and 745.118(f) exposes violators to sanctions under TSCA section 16 (15 U.S.C. 2615) “for each violation.” The operative maximum is set by the current 40 CFR 19.
