Lead Paint and Required Landlord Disclosures
By LandlordShark Editorial Team · Published · Last reviewed November 1, 2026
General information, not legal advice
Landlord-tenant rules differ by state and city. Check your local statutes or talk to a licensed attorney before acting. Full disclaimer.Some of the easiest landlord mistakes are paperwork mistakes. Failing to hand over a required disclosure can lead to fines, damage claims, or a weaker position in a later dispute. Lead paint is the best-known example because it is a federal requirement, but it is not the only disclosure you may owe. This guide covers the federal lead rule and the other categories to check for in your state.
The federal lead-based paint rule
Federal law requires landlords of most housing built before 1978 to take specific steps before a tenant is bound by a lease. Before the lease is signed, you must:
- Disclose what you know. Tell the tenant about any known lead-based paint or lead-based paint hazards in the home.
- Share records. Provide any available reports or records about lead-based paint or hazards in the unit or building.
- Give the pamphlet. Hand over the EPA/HUD pamphlet Protect Your Family From Lead in Your Home.
- Include a lead warning statement. The lease, or an attachment to it, must contain the federally required lead warning statement.
- Get signatures. You, any agent, and the tenant sign and date the disclosure attachment, which also lists the records provided and confirms the tenant received the pamphlet.
You must keep a copy of the signed disclosure for at least three years from the start of the lease term. The rule does not require you to test for lead, but you must disclose what you already know. A renewal of an existing lease generally does not need a new disclosure if you already made one and have learned nothing new, but new information about lead, or a new tenant, means new paperwork. EPA summarizes the rule on its real estate disclosure page.
Which properties are exempt
The federal rule has a short list of exemptions. Commonly cited ones include:
- Housing built in 1978 or later
- Zero-bedroom units such as studios, efficiencies, and single-room rentals, unless a child under 6 lives or is expected to live there
- Housing for the elderly or people with disabilities, unless a child under 6 lives or is expected to live there
- Short-term leases of 100 days or less where no renewal or extension can occur
- Housing found free of lead-based paint by a certified inspector
Confirm the exact exemptions before relying on one. If you are unsure of a building’s age, do not guess. Check county records or ask your title or insurance contact.
Renovation work in older homes
A separate federal rule, the Renovation, Repair and Painting (RRP) rule, applies to many repair and renovation projects in pre-1978 rental housing. In general, work that disturbs painted surfaces must be done by an EPA-certified firm, with a certified renovator directing the job and lead-safe work practices. EPA says the rule covers landlords doing their own work in pre-1978 rentals, not just hired contractors. This matters if you or a contractor plan to sand, scrape, or remove windows or trim in an older unit. See EPA’s RRP program page. Ask your contractor about certification before work begins, and check whether your state runs its own program. Document your decisions as part of your repair and improvement records.
Other disclosures to check for
Beyond lead paint, states, counties, and cities often require landlords to provide some of the following. These vary, and some do not apply in your area at all:
| Disclosure type | Why it comes up | What to check |
|---|---|---|
| Landlord or agent identity | Tenants need to know who to contact | Whether names and addresses must appear in the lease |
| Security deposit terms | Handling and return rules | Whether deposit location or interest must be disclosed |
| Mold or other health hazards | Known conditions affect habitability | Any state mold disclosure requirement |
| Flood or environmental hazards | Location-based risks | State or local disclosure forms |
| Bedbugs or pest history | Common in some jurisdictions | Whether a disclosure or pamphlet is required |
| Smoke and carbon monoxide detectors | Safety compliance | Installation and notice requirements |
| Registered offender notice | Required notice varies | Whether any statement is needed in the lease |
| Rent control or registration | Some cities require registration | Local ordinance and any required notices |
| Utility and fee information | Prevents billing disputes | Rules on utility charges and fees |
Do not assume this list matches your state. Your state’s landlord-tenant statute, local housing code, and city ordinances are the sources to check.
Make disclosures part of your routine
- Keep a checklist of every disclosure required in your area.
- Attach the forms to your lease packet so none are forgotten.
- Deliver them before signing, not after move-in.
- Get a signature or written acknowledgment.
- Store copies with the lease. Rental record keeping explains how to organize them.
Your first-time landlord checklist and lease clauses guide are good places to confirm nothing is missing.
Why it matters if there is a dispute
If a tenant or a child is harmed, or a tenant claims you failed to disclose a condition, a signed disclosure is your evidence. A missing one can expose you to penalties and civil claims, and it can complicate insurance coverage. Review your landlord insurance policy, since some policies limit coverage for lead-related claims.
Legal heads-up
Federal rules set a floor, and many states and cities add stricter lead, disclosure, and notice requirements, sometimes with penalties for each violation. Rules about what must be disclosed, when, and in what form change by location. Read your state statute and local housing code, or consult a landlord-tenant attorney, before finalizing your lease paperwork.Next steps
Find out the construction year of every rental you own. For anything built before 1978, make sure each current tenant has a signed lead disclosure on file and that the pamphlet is part of your standard lease packet. Then build a one-page disclosure checklist for your state and city, and add it to your move-in routine so every new lease starts with complete paperwork.