⚠️ Lead-Based Paint Disclosure
Federal Law for Pre-1978 Housing – EPA Required
🚨 CRITICAL – Federal Law Requirement
Required for ALL housing built before 1978:
- Federal law: Mandatory under Residential Lead-Based Paint Hazard Reduction Act
- Applies to: Sales and rentals of pre-1978 residential property
- Must disclose: Any known lead paint or hazards
- Must provide: EPA pamphlet “Protect Your Family from Lead in Your Home”
- 10-day inspection: Buyers get 10 days to inspect (sales only, not rentals)
- Penalties for violation: Up to $16,000+ per violation
⚠️ When Is This Required?
Must be provided BEFORE lease/sale:
- Pre-1978 housing: Built before January 1, 1978
- Residential only: Not required for commercial properties
- Before signing: Must give to tenant before lease signed
- Keep record: Maintain signed disclosure for 3 years
- Every transaction: Required for each new tenant/buyer
📋 What This Disclosure Does
- Informs tenants/buyers: About potential lead paint hazards
- Protects landlords/sellers: From liability if properly disclosed
- Gives opportunity: For inspection (sales) or information (rentals)
- Meets federal law: Compliance with EPA requirements
- Documents knowledge: What you know about lead paint
📝 Property Information
Must be before 1978 for this disclosure
Landlord/Seller Information
Tenant/Buyer Information
LEAD WARNING STATEMENT (REQUIRED)
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.
Landlord/Seller’s Disclosure
Tenant/Buyer’s Acknowledgment
Agent Information (if applicable)
Certification of Accuracy
⚠️ Important – Signatures Required
This disclosure must be signed by:
- All landlords/sellers
- All tenants/buyers (acknowledging receipt)
- All agents (if applicable)
Generate PDF, print, and obtain all signatures before lease/sale.
📚 Complete Guide to Lead Paint Disclosure
Why Lead Paint Disclosure Required
Health hazards of lead paint:
- Most dangerous to children: Children under 6 most at risk
- Pregnant women: Lead can harm developing fetus
- Brain damage: Can cause learning disabilities, behavioral problems
- Physical harm: Kidney damage, anemia, other health issues
- Long-lasting effects: Permanent damage possible
When Disclosure Is Required
📋 Disclosure Requirements
MUST disclose for:
- Housing built before January 1, 1978
- Residential sales and rentals
- Houses, apartments, condos, duplexes
- Before lease/purchase agreement signed
NOT required for:
- Housing built 1978 or later
- Housing certified lead-free by inspector
- Short-term rentals (100 days or less)
- Lofts, efficiencies, studios with no bedroom
- Senior housing (residents 62+)
- Foreclosure sales
Three Required Elements
Federal law requires landlords/sellers provide:
- Written disclosure: Form disclosing known lead paint/hazards
- EPA pamphlet: “Protect Your Family from Lead in Your Home”
- 10-day inspection period: For sales only (not rentals) – buyer can inspect
Landlord’s Disclosure Obligations
What landlord must disclose:
📝 Disclosure Statement Components
(a) Known Lead Paint/Hazards:
- Must disclose ANY known lead paint or hazards
- Include location (walls, windows, etc.)
- Describe condition (peeling, chipping, etc.)
- If you don’t know of any, check “no knowledge”
- Cannot lie – penalties severe
(b) Available Records:
- Provide any inspection reports you have
- Include test results if available
- Give copies of abatement records
- If no records exist, state “no records”
(c) Warning Statement:
- Must include federally mandated warning
- Cannot change wording
- Explains lead hazards
Tenant/Buyer Acknowledgments
Tenant/buyer must acknowledge:
- Received disclosure: Got the lead paint disclosure form
- Received pamphlet: Got EPA pamphlet about lead hazards
- Received records: Got any available reports (if any exist)
- 10-day inspection: (Sales only) Either had opportunity or waived it
EPA Pamphlet Requirement
Must provide official EPA pamphlet:
- Title: “Protect Your Family from Lead in Your Home”
- Free download: Available at EPA.gov
- English or Spanish: Provide in tenant’s language if available
- Before signing: Give to tenant before lease signed
- Keep proof: Get signed acknowledgment of receipt
Penalties for Non-Compliance
💰 Federal Penalties
- Civil penalties: Up to $16,000+ per violation
- Criminal penalties: Possible for willful violations
- Treble damages: Tenant can sue for 3x actual damages
- Attorney fees: Must pay tenant’s legal costs if they win
- No statute of limitations: Tenant can sue years later if child harmed
Bottom line: Always provide disclosure for pre-1978 housing
Record Keeping
Retention requirements:
- 3 years minimum: Keep signed disclosure for 3 years
- Proof of delivery: Show disclosure was given before signing
- Pamphlet receipt: Document tenant received EPA pamphlet
- All signatures: Landlord, tenant, agent (if any)
- Date stamped: Show when disclosure provided
Common Questions
❓ Frequently Asked Questions
Q: My property was built in 1975. Do I need this?
A: Yes. All housing built before January 1, 1978 requires disclosure.
Q: I don’t know if there’s lead paint. What do I say?
A: Check “no knowledge” – but you must disclose if you DO know.
Q: Can tenant waive the disclosure?
A: No. Disclosure is mandatory. Cannot be waived.
Q: What if I forget to give disclosure?
A: Provide immediately. Better late than never. Keep proof of delivery.
Q: Do I need new disclosure for lease renewal?
A: No. Only required for new tenancies, not renewals with same tenant.
Q: Property painted in 2020. Still need disclosure?
A: Yes, if built before 1978. New paint doesn’t eliminate requirement.
Best Practices
✅ Lead Disclosure Checklist
- Check year built: Verify property built before 1978
- Complete form accurately: Honest disclosure of knowledge
- Provide EPA pamphlet: Get from EPA.gov
- Before signing lease: Give disclosure before lease executed
- Get signatures: All landlords and tenants sign
- Keep copies: Retain for minimum 3 years
- Attach to lease: Make part of lease package
- Never lie: Honest disclosure protects you legally
- When in doubt, disclose: Over-disclosure better than under
- Consider inspection: Get professional lead inspection if unsure
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d) requires disclosure for pre-1978 housing. Must provide written disclosure, EPA pamphlet, and 10-day inspection opportunity (sales only). Violations subject to federal penalties up to $16,000+ per occurrence.
Always disclose honestly. Must disclose any known lead paint or hazards. Cannot lie or hide information. If you don’t know, say “no knowledge” but disclose what you DO know. Provide EPA pamphlet “Protect Your Family from Lead in Your Home” – available free at EPA.gov.
Keep signed copies for 3+ years. Proof of disclosure protects you from liability. If child harmed by lead, parents can sue. Proper disclosure is your defense. When in doubt, consult environmental attorney or EPA helpline at 1-800-424-LEAD.
