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Landlord Compliance

Before the Lease: A Lead-Paint Disclosure Checklist for a First Rental

4 min read

For most pre-1978 rentals, federal law calls for sharing known lead information and records, giving tenants EPA’s pamphlet, and completing the lease disclosure before signatures.

A first rental was built in 1964. The prior owner says the paint is probably fine, but there is no inspection report in the handoff folder. Before signing a lease, a landlord has a practical question to answer: what does the federal lead disclosure rule require you to tell a prospective tenant, even when you do not know whether lead paint is present?

For most housing built before 1978, the EPA and HUD disclosure rule requires landlords to share known information and available reports, provide a lead-safety pamphlet, and include a signed disclosure in the lease. It is a disclosure rule, not a blanket requirement to test every rental. Here is a straightforward way to prepare the paperwork without guessing about the property.

Start with the building date and the rule’s limits

The federal rule generally covers housing built before 1978. There are defined exceptions, including certain zero-bedroom units, housing specifically for older or disabled residents, and leases of 100 days or less without renewal; some exceptions change if a child under six lives or is expected to live there. The EPA’s coverage summary explains these boundaries. If the unit’s type or lease terms make coverage unclear, ask your local lead or housing authority or a qualified housing professional before deciding the rule does not apply.

Do not treat an old building as lead-free because paint looks intact or no one has reported a problem. If you have no information, say what you know—and what you do not know—on the disclosure. A statement that you have no knowledge is different from a claim that an inspection proved the home lead-free.

Gather what is already known

Before advertising or preparing the lease, collect any prior lead inspection or risk-assessment reports, records of lead hazards or repairs, and relevant reports about shared areas in a multi-unit building. Ask the previous owner or manager for the property file if the handoff is incomplete. You are not required by this disclosure rule to order a new lead test, but you must disclose known lead paint or hazards and provide the records you have.

Describe known locations and conditions accurately, including the basis for that information when available. The rule calls for more than attaching a report without telling the tenant what is known. Do not label a property lead-free unless the required qualified testing supports that statement. EPA provides a sample lessor disclosure that can help organize the information; using the sample itself is optional.

Give the information before the lease is signed

For covered housing, provide the prospective tenant with the EPA-approved lead-hazard pamphlet, disclose known lead paint or hazards, and share all available related records and reports before the tenant is obligated under the lease. Put the required Lead Warning Statement and the disclosure information in the lease or an attachment. The lease language must be in the same language as the contract. EPA’s 2026 pamphlet explains lead risks and ways to reduce exposure.

The tenant’s signed acknowledgment should confirm receipt of the information and pamphlet; the required parties sign and date the disclosure. If an agent participates, the lease attachment also includes the agent acknowledgment required by the rule. Do not wait until move-in day: organize the records while you are preparing the lease, then check that every required signature and date is present before the parties sign the contract.

Keep the signed record—and avoid a common mix-up

Keep a copy of the completed disclosure attachment or lease for at least three years from the start of the lease. The current federal regulation, 40 CFR § 745.113, states the signatures and retention period. Store it with the pamphlet delivery record and the reports you supplied, so you can later show what information was shared and when.

The federal rule’s 10-day lead inspection opportunity applies to homebuyers, not automatically to renters. A renter and landlord may agree on an inspection arrangement, and a state or local rule may add requirements. Check the rule for the property’s address rather than copying a buyer’s checklist into a rental process.

A short pre-signature checklist

For each covered lease, make one dated file with these items:

  1. Confirm the construction date and whether a federal exception applies.
  2. Collect known lead information and every available inspection, hazard, and repair report, including relevant common-area reports.
  3. Complete the lessor disclosure accurately; state when there is no knowledge instead of implying the property was tested.
  4. Give the prospective tenant the EPA pamphlet and disclosure before the lease is signed.
  5. Check the warning statement, required acknowledgments, and signatures, then retain a complete copy for at least three years after the lease begins.
  6. Check state and local lead, rental-registration, and notice requirements for the property address.

Federal guidance is a baseline, not a complete local compliance review, and disclosure paperwork does not test or fix a lead hazard. State and local law may add duties. Confirm current requirements with the applicable housing or lead authority, especially if reports identify a hazard or work on painted surfaces is planned. This checklist is general information, not legal advice.

Sources and further guidance

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