Federal Compliance Requirement

Lead-Based Paint Disclosure

Federal law requires landlords and sellers of residential housing built before 1978 to disclose known lead-based paint hazards. This is not optional — non-compliance carries civil penalties up to $19,507 per violation.

Important: This page provides general educational information about federal lead disclosure requirements. It is not legal advice. Always consult a licensed real estate attorney in your jurisdiction to ensure your lease agreements and disclosure procedures are fully compliant.

1978
The Trigger Year
Any residential property built before January 1, 1978 requires lead disclosure. If you're unsure of the build year, check the county assessor records.
$19,507
Per Violation Penalty
Civil penalty per violation, adjusted annually. Willful violations can also result in criminal charges and treble damages in civil lawsuits.
3 Years
Record Retention
You must retain signed copies of all lead disclosure addendums for a minimum of 3 years from the date of the lease signing.

Disclosure Requirements

Who Must Disclose

  • Sellers and landlords of residential housing built before 1978
  • Applies to all 50 states — this is a federal requirement (42 U.S.C. § 4852d)
  • Applies to leases of 100 days or more
  • Exemptions: housing for the elderly or disabled (unless a child under 6 resides there), foreclosure sales, 0-bedroom units (studios/efficiency), and housing certified lead-free by an inspector

What Landlords Must Provide

  • EPA-approved pamphlet: 'Protect Your Family From Lead in Your Home'
  • Disclosure of any known lead-based paint or lead-based paint hazards in the property
  • Copies of all available records and reports pertaining to lead-based paint
  • A Lead Warning Statement in the lease agreement (specific language required)
  • Opportunity for tenant to conduct a risk assessment or inspection before signing (10-day window, unless waived in writing)

Lease Language Required

  • The lease must contain the exact EPA-required Lead Warning Statement
  • Tenant and landlord must both sign and date the disclosure addendum
  • Landlord must retain a copy of the signed disclosure for 3 years
  • If using a property manager, the manager must also sign certifying compliance

Penalties for Non-Compliance

  • Civil penalties up to $19,507 per violation (adjusted annually for inflation)
  • Criminal penalties for willful violations: up to 1 year imprisonment
  • Treble damages (3x actual damages) in private lawsuits
  • EPA and HUD enforcement — both agencies have authority to investigate

Required Lead Warning Statement

This exact language must appear in your lease agreement

"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, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention."

Source: 42 U.S.C. § 4852d — Residential Lead-Based Paint Hazard Reduction Act of 1992

Disclosure Addendum Checklist

Your signed lead disclosure addendum must include all of the following elements to be compliant:

Lead Warning Statement (exact language as shown above)
Landlord's disclosure of known lead-based paint or hazards (or statement that none are known)
List of all available records and reports (or statement that none are available)
Tenant's acknowledgment that they received the EPA pamphlet
Tenant's acknowledgment of the opportunity to conduct a risk assessment
Tenant's signature and date
Landlord's signature and date certifying accuracy
Property manager's signature (if applicable)

Official Government Resources

Federal Regulation

EPA Lead Disclosure Rule (40 CFR Part 745)

The official federal regulation governing lead-based paint disclosure requirements for residential properties.

Required Document

EPA Pamphlet: Protect Your Family From Lead in Your Home

The required pamphlet you must provide to all tenants of pre-1978 housing. Available in multiple languages.

HUD Guidance

HUD Lead Disclosure Requirements

HUD's guidance on lead-based paint disclosure for landlords and sellers of pre-1978 housing.

Need a Lead Disclosure Addendum Template?

Download our professionally drafted Lead-Based Paint Disclosure Addendum template, pre-formatted with the required federal language and signature blocks. Available in the Landlord Templates Library.

Legal Disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice. Lead-based paint disclosure requirements may vary by state and locality. Always consult a licensed real estate attorney in your jurisdiction to ensure full compliance with all applicable federal, state, and local laws.

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