Lead-Based Paint Disclosure
Federal Requirement for Pre-1978 Housing – 42 U.S.C. § 4852d
🏠 Texas Rental Properties – Free Fillable PDFIf your rental property was built before 1978, you MUST provide this disclosure to every tenant before they sign a lease or rental agreement. This is a federal requirement under the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) – it applies in all 50 states including Texas.
⚠️ Penalty: Up to $19,507 per violation🏠 Property Information
Pre-1978 Requirement: This disclosure is only required for housing built before January 1, 1978. If your property was built in 1978 or later, you do NOT need to provide this disclosure (though you may voluntarily do so).
👤 Landlord/Owner Information
👥 Tenant Information
⚠️ Lead Warning Statement
⚠️ IMPORTANT: Read Before Signing
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.
📋 Lessor’s (Landlord’s) Disclosure
Select ONE option for each section below:
(a) Presence of Lead-Based Paint
Landlord has actual knowledge of lead-based paint in the property (explain below)
Landlord has no actual knowledge of lead-based paint in the dwelling
(b) Records and Reports
Inspection reports, risk assessments, or other documents are available (list below)
No inspections, risk assessments, or other lead-related documents exist
Record Keeping: If you have any lead paint inspection reports or risk assessments, you must provide copies to the tenant. Keep copies of all disclosures for at least 3 years.
✅ Lessee’s (Tenant’s) Acknowledgment
Tenant acknowledges receiving the landlord’s disclosure about lead-based paint and/or hazards
Tenant acknowledges receiving the federally-approved lead hazard information pamphlet
If landlord has inspection reports, tenant acknowledges receiving copies
📚 Required EPA Pamphlet
You MUST provide tenants with the EPA pamphlet “Protect Your Family From Lead in Your Home” before they sign the lease.
📥 Download EPA Pamphlet (PDF)🏢 Agent’s Acknowledgment (If Applicable)
✍️ Certification & Signatures
Lessor (Landlord) Signature
Lessee (Tenant) Signature
Additional Lessee (if applicable)
📚 Understanding Lead-Based Paint Disclosure Requirements in Texas
The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X, Section 1018) requires landlords to disclose known information about lead-based paint and lead-based paint hazards before renting housing built before 1978. This is a federal law that applies to all rentals in Texas and throughout the United States.
Lead-based paint was commonly used in homes until 1978, when the federal government banned its use in residential properties. Homes built before this date may still contain lead paint, which can deteriorate over time and create serious health hazards, especially for children under 6 and pregnant women.
Why This Matters: Lead poisoning can cause serious health problems including developmental delays in children, behavioral problems, learning disabilities, seizures, and even death. Even low levels of lead exposure can be harmful.
🏠 Who Must Provide This Disclosure?
The lead-based paint disclosure requirement applies to:
- Landlords renting residential property built before 1978
- Property managers acting on behalf of landlords
- Real estate agents involved in rental transactions
- Sellers of pre-1978 residential property (different form, similar requirements)
Exemptions (Disclosure NOT Required)
✅ Housing Built 1978 or Later
Properties constructed on or after January 1, 1978 are exempt because lead paint was banned for residential use.
✅ Zero-Bedroom Units
Efficiencies, lofts, dormitories, and other units without separate bedrooms.
✅ Housing for Elderly/Disabled
Unless a child under 6 resides or is expected to reside in the unit.
✅ Short-Term Rentals
Leases of 100 days or less (vacation rentals, short-term housing).
✅ Certified Lead-Free
Housing officially certified as lead-free by an accredited inspector.
✅ Foreclosure Sales
Sales at foreclosure (though rentals of foreclosed properties require disclosure).
📋 What Landlords Must Do
Before a tenant signs a lease or rental agreement, Texas landlords must:
- Disclose Known Information: Tell the tenant about any known lead-based paint or hazards in the property
- Provide Available Records: Give the tenant copies of any lead inspection reports or risk assessments
- Provide EPA Pamphlet: Give the tenant the EPA pamphlet “Protect Your Family From Lead in Your Home”
- Complete Disclosure Form: Have both parties sign a disclosure form (this form)
- Keep Records: Retain signed disclosure forms for at least 3 years
Best Practice: Even if you have no knowledge of lead paint, complete and sign this form. Documenting that you’ve disclosed “no knowledge” protects you from claims that you failed to provide the required disclosure.
💰 Penalties for Non-Compliance
Failure to provide the required lead-based paint disclosure can result in severe penalties:
| Violation Type | Penalty | Enforced By |
|---|---|---|
| Civil Penalty per Violation | Up to $19,507 | EPA / HUD |
| Treble (3x) Damages | 3x actual damages in private lawsuit | Civil Courts |
| Criminal Penalty | Up to $10,000 fine and/or imprisonment | DOJ |
| Attorney’s Fees | Tenant may recover legal costs | Civil Courts |
Tenant Lawsuits: If a tenant (especially a child) is harmed by lead exposure and you failed to provide proper disclosure, you could be liable for medical expenses, lost wages, pain and suffering, and punitive damages – potentially hundreds of thousands of dollars.
🔍 What You Must Disclose (And What You Don’t)
You MUST Disclose:
- Any known lead-based paint in the property
- Any known lead-based paint hazards (peeling paint, lead dust, etc.)
- Any available reports or records about lead paint testing
- The location of known lead paint (which rooms, surfaces, etc.)
- The condition of known lead paint (intact, peeling, chalking, etc.)
You Do NOT Have To:
- Conduct a lead inspection (though you may choose to)
- Remove or remediate existing lead paint
- Test for lead paint before renting
- Guarantee the property is lead-free
- Disclose information you genuinely don’t know
Important Distinction: The law requires disclosure of known information. You don’t have to investigate or test. However, you cannot deliberately conceal information or lie about what you know.
📚 About the EPA Pamphlet
Federal law requires landlords to provide tenants with the EPA pamphlet “Protect Your Family From Lead in Your Home” (or an EPA-approved equivalent). This pamphlet explains:
- What lead is and why it’s dangerous
- How people are exposed to lead from paint
- Health effects of lead exposure
- How to check for lead hazards
- What to do if you suspect lead exposure
- How to reduce lead hazards safely
📥 Get the Official EPA Pamphlet
- Download PDF: EPA.gov Official Pamphlet
- Order Print Copies: Call EPA at 1-800-424-LEAD
- Spanish Version: Also available on EPA website
- Give tenant a copy BEFORE they sign the lease
⏰ When to Provide the Disclosure
The disclosure must be provided before the tenant:
- Signs a lease or rental agreement
- Becomes obligated to lease the property
- Makes any non-refundable payment
If you update or renew a lease with an existing tenant, you should provide a new disclosure if:
- You’ve learned new information about lead paint since the last disclosure
- Lead testing or inspections have been conducted
- The previous disclosure was incomplete or inaccurate
📁 Record-Keeping Requirements
Landlords must retain copies of signed disclosure forms for a minimum of 3 years from the date the lease begins. This includes:
- The completed disclosure form with all signatures
- Proof that the EPA pamphlet was provided
- Any lead inspection reports shared with the tenant
- Evidence of the method and date of disclosure
Pro Tip: Keep lead disclosures in your permanent property file, not just for 3 years. If a tenant later claims lead exposure occurred during their tenancy, having the original disclosure could protect you years later.
✅ Landlord’s Lead Disclosure Checklist
📋 Before Showing Property
- Determine year built
- Gather any lead reports
- Note any known hazards
- Have pamphlets ready
📝 Before Signing Lease
- Complete this disclosure form
- Provide EPA pamphlet
- Share any reports/records
- Explain disclosure to tenant
✍️ At Signing
- Both parties sign form
- Tenant initials each section
- Date all signatures
- Give tenant a copy
📁 After Signing
- Keep signed copy for 3+ years
- File with lease documents
- Update if new info learned
- Provide new form at renewal
❓ Frequently Asked Questions
Do I have to test for lead paint?
No. The law only requires disclosure of known information. You’re not required to conduct inspections or testing. However, if you do have testing done, you must share the results with tenants.
What if I don’t know if there’s lead paint?
That’s fine – simply check the box indicating you have “no knowledge” of lead-based paint. The disclosure form includes this option. However, if you have any reason to believe lead paint exists (previous owner told you, you’ve seen old peeling paint, etc.), you should disclose what you know.
What if the property was renovated?
Renovation doesn’t necessarily remove lead paint – it could be painted over or encapsulated. Unless the property has been certified lead-free by an accredited inspector, you should still provide the disclosure.
Can I require tenants to waive their rights to this disclosure?
Absolutely not. Any waiver of the lead disclosure requirement is void and unenforceable. Tenants cannot sign away their right to receive this information.
What if a child gets lead poisoning in my rental?
If you properly disclosed all known information, you may have limited liability. However, if you failed to disclose known lead paint or hazards, you could be liable for substantial damages. This is why proper disclosure is so important.
Does this apply to commercial properties?
No. The lead disclosure requirement applies only to residential properties (housing where people live). Commercial, industrial, and retail properties are exempt.
What about Texas-specific requirements?
Texas follows the federal lead disclosure requirements. While some states have additional state-level requirements, Texas primarily enforces the federal standard under 42 U.S.C. § 4852d.
🏗️ Renovating Pre-1978 Properties
If you’re renovating a pre-1978 property, be aware of the EPA Renovation, Repair, and Painting (RRP) Rule:
- Contractors disturbing more than 6 sq. ft. of painted surfaces must be EPA-certified
- Specific lead-safe work practices must be followed
- Proper containment, cleanup, and disposal are required
- Penalties for non-compliance can reach $37,500 per day
Before hiring contractors for renovation work on pre-1978 properties, verify they are EPA Lead-Safe Certified. Visit EPA.gov/lead to search for certified firms.
🆘 Resources for Lead Information
- EPA Lead Information: epa.gov/lead
- National Lead Information Center: 1-800-424-LEAD (5323)
- HUD Lead Resources: hud.gov
- Texas DSHS Lead Program: dshs.texas.gov/lead
⚠️ Legal Disclaimer
This form is provided to help Texas landlords comply with federal lead disclosure requirements under 42 U.S.C. § 4852d and EPA regulations. It is not legal advice. While we strive for accuracy, lead disclosure requirements can change and may vary based on specific circumstances. For complex situations or questions about your specific obligations, consult with a licensed attorney or contact the EPA directly.
