Lead Paint Disclosure: What Landlords Must Do (Pre-1978)

If your rental was built before 1978, federal law requires you to disclose lead-based paint information to tenants before they sign a lease. You must provide the EPA pamphlet, disclose any known lead hazards, and get the tenant's acknowledgment. It's a small but legally important step—and part of a broader set of safety and disclosure rules. For an overview of landlord-tenant compliance, see Landlord Legal Compliance.

When Does the Lead Paint Rule Apply?

The federal rule (under the Residential Lead-Based Paint Hazard Reduction Act, or Title X) applies to most housing built before 1978. Exemptions include zero-bedroom units (e.g. certain efficiency units), short-term leases of 100 days or less, and some housing for the elderly. When in doubt, treat pre-1978 property as covered and do the disclosure.

What You Must Do

Before the lease takes effect you must: (1) Disclose any known lead-based paint and lead-based paint hazards in the unit and common areas, and provide the tenant with any available records or reports. (2) Give the tenant the EPA pamphlet "Protect Your Family from Lead in Your Home" (or an EPA-approved equivalent). (3) Include a lead-based paint disclosure and warning in the lease or as an attachment. (4) Get a signed acknowledgment from the tenant that they received the pamphlet and the disclosure. Keep copies for your records.

Where to Get the Pamphlet and Guidance

The EPA provides the required pamphlet and interpretive guidance for landlords and the real estate community. For the pamphlet, forms, and full details, see the EPA's lead disclosure resources. Some states have additional lead disclosure or inspection rules—check your state and, when in doubt, consult an attorney.