If the home was built before 1978, this disclosure is not optional paperwork: it is a federal requirement with real teeth. The Residential Lead-Based Paint Hazard Reduction Act requires every landlord and seller of pre-1978 housing to disclose known lead-based paint and hazards, hand over available reports, and deliver the EPA pamphlet before the tenant or buyer is bound. Penalties run to more than $21,000 per violation, plus triple damages in private lawsuits.
This form produces the complete disclosure: the lead warning statement, the knowledge disclosure, the records list, and the pamphlet acknowledgment, formatted for a lease or a sale, ready to attach to the contract and sign.
Who must disclose, and for which homes
The rule applies to nearly all housing built before 1978, the year residential lead paint was banned: houses, apartments, condos, and mobile homes alike, whether rented or sold, and whether or not the owner believes lead is present. The duty falls on the landlord or seller personally, and separately on any real estate agent in the transaction, who must ensure the disclosure actually happens. The few exemptions are narrow: housing built in 1978 or later, zero-bedroom units such as studios rented short term, housing certified lead-free by a licensed inspector, short leases of 100 days or fewer with no renewal option, and housing designated for the elderly or disabled where no child under 6 resides.
- Disclose knowledge, not guarantees: the owner certifies what they actually know. "No knowledge" is a lawful answer if true; a false "no knowledge" is where liability lives.
- Hand over the reports: every available inspection, risk assessment, or abatement record must be listed and copied to the other party.
- Deliver the pamphlet: the EPA's "Protect Your Family from Lead in Your Home" must reach the tenant or buyer before they sign.
Timing rules and what violations cost
Timing is the trap most owners fall into: the disclosure must be complete before the tenant or buyer becomes obligated, which means before the lease or purchase contract is signed, not at move-in or closing. In sales, the buyer must also receive a 10-day opportunity (extendable or waivable in writing) to conduct a lead inspection before being bound. The signed disclosure must be kept for at least 3 years. Enforcement is real: EPA and HUD levy civil penalties that adjust annually and currently exceed $21,000 per violation, knowing violations can bring criminal exposure, and a tenant or buyer harmed by nondisclosure can sue for triple their actual damages plus attorney fees.
| Lease | Sale | |
|---|---|---|
| Disclosure deadline | Before the tenant signs the lease | Before the buyer signs the contract |
| Inspection period | Not required | 10 days, waivable in writing |
| Contract language | Required in or attached to the lease | Required in or attached to the contract |
| Record retention | 3 years from lease start | 3 years from closing |
Filling it out: knowledge, records, and renewals
Answer the knowledge question from actual knowledge: prior inspection reports, abatement work, chipping paint you have seen and identified, or notices from a health department. Owners are not required to test for lead before renting or selling; the rule regulates honesty, not investigation. If you have records, list each one with its date and author and deliver complete copies: a summarized or partial report does not comply. On renewals, a new disclosure is required only if new information has surfaced since the last one, but many landlords re-sign the form at each renewal because it costs nothing and closes the question. And if a hazard is discovered mid-tenancy, disclose it then: several states layer their own ongoing duties on top of the federal floor.
Renovations trigger a separate rule
Repairs disturbing paint in pre-1978 housing fall under the EPA's Renovation, Repair and Painting (RRP) rule: contractors must be lead-safe certified, and landlords doing their own work in rental units generally must be too. The disclosure form does not satisfy the RRP rule, or vice versa.
State and local rules can add more
Several states and cities require lead inspections, registrations, or additional disclosures beyond the federal rule, especially for rentals housing young children. Check your state and city requirements. This template is a self-help document, not legal advice.
Frequently asked questions
Which properties need a lead-based paint disclosure?
Almost all housing built before 1978 that is rented or sold: houses, apartments, condos, and mobile homes. The main exemptions are post-1977 construction, certified lead-free housing, zero-bedroom units, leases of 100 days or fewer without renewal, and elderly or disabled housing with no child under 6.
Does the landlord or seller have to test for lead?
No. Federal law requires disclosure of what the owner actually knows and delivery of any existing reports; it does not require testing. In a sale, the buyer gets a 10-day window to test at their own expense. "No knowledge" is a compliant answer when it is true.
When must the disclosure be given?
Before the tenant or buyer becomes obligated: before the lease is signed, or before the purchase contract is signed. A disclosure delivered at move-in or at closing is too late and is a violation even if lead is never found.
What are the penalties for skipping the disclosure?
Civil penalties from EPA and HUD currently exceed $21,000 per violation, and each missing element can count separately. Private plaintiffs can recover triple their actual damages plus costs and attorney fees, and knowing violations carry potential criminal liability. Retaining the signed form for 3 years is the owner's proof of compliance.
Is a new disclosure needed at every lease renewal?
Only if the landlord has learned new information about lead-based paint or hazards since the previous disclosure. Many landlords nevertheless refresh the signed form at each renewal: it is one page, and a current signature ends any argument about what was disclosed and when.