What Is a Lead-Based Paint Disclosure?
A lead-based paint disclosure form tells buyers and tenants about known lead hazards in a home built before 1978. Landlords and home sellers use this form to share information about lead-based paint when renting out or selling a property. It helps buyers and tenants:
- Learn if known lead hazards are present in the property.
- Review any available lead-based paint records or inspection reports.
- Make informed decisions about renting or buying a home.
This disclosure does not guarantee that a property is free of lead hazards. Instead, it requires owners to share any lead-related information they know about the property. With this information, buyers and tenants can better understand potential health risks. They can also decide whether to move forward with the lease or purchase of the property. If they choose to proceed, they can take steps to reduce potential lead exposure. Failing to provide a required disclosure can lead to fines and penalties from regulatory agencies. Completing the form correctly helps everyone comply with federal law.
When Is a Lead-Based Paint Disclosure Required?
Federal law requires this disclosure for most residential properties built before 1978. These requirements come from the Residential Lead-Based Paint Hazard Reduction Act (42 USC § 4852d). Landlords give this disclosure before a tenant signs a lease agreement. Home sellers must distribute it before a buyer signs a real estate purchase agreement.
In most home sales, buyers have 10 days to conduct a lead-based paint inspection or risk assessment. The buyer and seller can agree to a different inspection period in writing. Home sellers are also required to provide buyers with any available lead paint records or inspection reports.
Landlords and sellers must:
- Give tenants and buyers the EPA pamphlet Protect Your Family From Lead in Your Home.
- Share any available lead-related records or reports.
- Keep a copy of the completed disclosure for at least three years after the real estate transaction.
State and Local Requirements May Apply
Federal law establishes nationwide disclosure requirements, but some states and local governments impose additional lead paint inspection, notification, registration, or remediation requirements. Be sure to review applicable state and local laws before renting or selling a property.
Who Is Exempt From a Lead-Based Paint Disclosure?
Certain property types are exempt from the federal lead-based paint disclosure requirement. According to the EPA’s Real Estate Disclosure About Potential Lead Hazards guidance, the following properties are generally exempt:
- Homes built in 1978 or later
- Zero-bedroom dwellings, such as studio apartments, lofts, and dormitory housing, if no child under 6 lives or is expected to live in the unit
- Short-term leases of 100 days or less, such as vacation rentals, when no renewal or extension is expected
- Housing for older adults or individuals with disabilities, if no child under 6 lives or is expected to live in the unit
- Properties certified as lead-free by a qualified inspector
- Foreclosure sales
If the property qualifies for an exception, landlords and sellers generally do not need to provide a federal lead-based paint disclosure form. However, state and local laws may impose additional disclosure or inspection requirements. Be sure to review the rules that apply in your area before renting or selling a property.
How to Fill Out a Lead-Based Paint Disclosure Form
Completing a lead-based paint disclosure form helps ensure that tenants or buyers are informed about any known lead-based paint hazards before renting or buying a home. You may use it to communicate chipping, peeling, or deteriorating paint, as well as records of the property’s condition. Follow the steps below to write your lead paint disclosure form.
Step 1 – Enter the Parties’ Information
Start by indicating whether the disclosure is for leasing or selling a property. Then, enter the names of the parties involved in the transaction. For rental properties, include the landlord (lessor) and tenant (lessee). For home sales, include the seller and buyer. If an agent is involved, enter their information where required.
Step 2 – Enter the Property Information
Enter the property’s full address, including the street address, city, state, and ZIP code. Confirm that the information matches the lease or purchase agreement. This helps identify the correct property and avoids confusion if multiple properties are involved.
Step 3 – Disclose Known Lead-Based Paint or Lead Hazards
Indicate whether you know of any lead-based paint or lead hazards in the property. If you know of any hazards, describe them in the form. Be honest and complete in your explanation.
Example explanations may look like any of the following:
- Peeling lead-based paint is present on several window sills in the living room and on the exterior trim near the front porch.
- Lead-based paint is present in the original kitchen cabinets. Some areas show cracking and peeling paint.
- No known lead-based paint hazards have been identified. The seller has no records indicating the presence of lead-based paint.
- A previous inspection found lead-contaminated dust on interior window sills and nearby floors.
- Testing identified lead-contaminated soil around the home’s foundation and in a portion of the backyard.
Step 4 – Provide Available Records and Reports
List and attach any available documents related to lead-based paint in the property. Examples include:
- Lead inspection reports
- Risk assessment reports
- Records of previous lead hazards
If you do not have any records or reports available, be sure to indicate that none are available.
Step 5 – Confirm Receipt of the EPA Lead Hazard Information Pamphlet
Provide the EPA pamphlet “Protect Your Family From Lead in Your Home” to buyers and tenants. The recipient should acknowledge that they received the pamphlet.
Step 6 – Obtain Required Signatures
All parties involved must sign and date the disclosure form. Depending on the transaction, this may include:
- The landlord or seller
- The tenant or buyer
- Any additional owners, buyers, or tenants
Review the form carefully before signing to make sure all information is accurate.
Step 7 – Add Agent Certification (If Applicable)
Real estate agents involved in the transaction may need to certify that they informed the seller or landlords about the disclosure requirements. They may also need to confirm that the buyer or tenant received the required information.
Sample Lead-Based Paint Disclosure
View a sample lead-based paint disclosure template below to see what information landlords and sellers must provide before renting or selling a home. Once you’re ready, use our step-by-step questionnaire to customize and download yours in PDF or Word format.