Lead Paint Disclosure: What Every Landlord Must Know

The lead paint disclosure requirement applies to:

Covered Properties: - All residential housing built before 1978 (when lead paint was banned for residential use) - Includes single-family homes, apartments, condos, and duplexes - Applies to both sales and rentals

Exempt Properties: - Housing built in 1978 or later - Zero-bedroom units (studios, lofts, dormitories) - Housing for the elderly or disabled (unless children under 6 reside there) - Short-term vacation rentals (100 days or fewer) - Housing that has been certified lead-free by an accredited inspector

Who Is Responsible: The property owner/landlord, property manager, and any real estate agent involved in the lease transaction must ensure compliance.

The federal disclosure requirement has three mandatory components:

1. Known Lead Paint Information — Disclose the presence of any known lead-based paint or lead-based paint hazards in the property. If you have knowledge of lead paint from prior inspections, renovations, or testing, you must share it.

2. Available Records and Reports — Provide tenants with copies of any available records, test results, or reports regarding lead-based paint in the property. This includes inspection reports, risk assessments, and abatement records.

3. EPA Pamphlet — Give every tenant a copy of the EPA pamphlet "Protect Your Family From Lead in Your Home." This is available free from the EPA and must be provided before the lease is signed.

Important: You are NOT required to test for lead paint. The obligation is to disclose what you know. However, if you choose to test and find lead paint, you must then disclose those results.

The disclosure must be in writing and include:

Required Elements: - A Lead Warning Statement in the lease or as an attachment - Disclosure of known lead-based paint and/or lead-based paint hazards - A list of any available reports or records - Confirmation that the EPA pamphlet was provided - Signatures of all parties (landlord, tenant, and any agent)

The Lead Warning Statement (exact language 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."*

Retention: Keep signed disclosure forms for at least 3 years from the lease start date.

The penalties for failing to comply with lead paint disclosure requirements are severe:

Civil Penalties: - Up to $19,507 per violation (adjusted annually for inflation) - Each lease without proper disclosure is a separate violation

Criminal Penalties: - Knowing violations can result in criminal fines and imprisonment

Treble Damages: - Tenants can sue for up to 3 times actual damages in private lawsuits - Actual damages may include medical costs, relocation expenses, and pain and suffering

Lease Voidability: - Tenants may be able to void the lease entirely if disclosure was not provided

Liability for Lead Poisoning: - If a tenant (especially a child) is harmed by lead paint and you failed to disclose, your liability exposure is enormous

Best Practice: Always complete the disclosure form, even if you have no knowledge of lead paint. Documenting that you have no knowledge still satisfies the requirement and protects you legally.