Lead-Based Paint Disclosure for Landlords: Pre-1978 Rentals

Before leasing pre-1978 housing, federal law requires a disclosure, the EPA pamphlet and the Lead Warning Statement. Exemptions, records, and the RRP rule.

By Seayora Editorial Team · Published October 23, 2026 · Facts checked October 23, 2026 · 3 min read

Key takeaways

• The disclosure must happen before the tenant is obligated under the lease.
• Zero-bedroom units, housing for the elderly or people with disabilities, and leases of 100 days or less are exempt, with exceptions.
• A landlord who knowingly violates the rule can owe the tenant three times their damages.
• Landlords doing their own renovations in pre-1978 rentals are covered by the RRP rule.

What does the disclosure rule require?

Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) and the joint EPA and HUD rule (40 CFR Part 745, Subpart F) require, before the tenant is obligated under the lease:

1. The EPA pamphlet Protect Your Family From Lead in Your Home, available in several languages.
2. Disclosure of any known lead-based paint or lead-based paint hazards in the unit, including where they are and the condition of the painted surfaces.
3. Any available records or reports, including building-wide evaluations of common areas and other units.
4. A Lead Warning Statement, in or attached to the lease and in the lease’s language, with signed certifications from the landlord and the tenant (and any agent).

EPA publishes a sample lessor disclosure form. Landlords are not required to test for lead, but must disclose what they know.

Which rentals are exempt?

EPA lists these exceptions (EPA real estate disclosure page; 40 CFR § 745.101):

• Housing built after 1977.
• Zero-bedroom units such as studios, lofts and dormitories, unless a child under six lives or is expected to live there.
• Housing for the elderly or people with disabilities, unless a child under six lives or is expected to live there.
• Leases of 100 days or less where no renewal or extension can occur.
• Housing found lead-based paint free by a certified inspector.

How long must you keep the records?

Keep a signed copy of the disclosure for three years after the lease begins. If you provide it electronically, the tenant must be told about their right to paper copies and how to access and keep the electronic records.

What are the penalties?

A person who knowingly violates the disclosure requirements is liable to the tenant for three times the damages incurred (42 U.S.C. § 4852d(b)), and EPA and HUD can assess civil penalties that are adjusted for inflation each year.

Did the lead standards change recently?

Yes. EPA’s 2024 rule, effective January 13, 2025, renamed the dust-lead hazard standards the dust-lead reportable level, set it at any reportable level, and lowered post-abatement clearance levels, with compliance for the new levels required from January 12, 2026 (EPA). The rule does not require owners to test, but it changes what an inspection or risk assessment will report as a hazard, which you must then disclose.

What is the RRP rule?

EPA’s Renovation, Repair and Painting rule applies to work for compensation that disturbs painted surfaces in pre-1978 housing, and a landlord renovating their own rental is covered. The firm must be EPA-certified, the work must be done or directed by a certified renovator using lead-safe practices, and occupants must receive the “Renovate Right” pamphlet before work begins. Minor repairs that disturb six square feet or less of interior paint per room, or 20 square feet or less outside, are exempt, but window replacement and demolition never are (EPA RRP rules).

Frequently asked questions

Do I need to give the lead disclosure again at renewal?

Not if you already gave it and have no new information. If you learn something new, such as a new inspection report, disclose it.

Do I have to test my pre-1978 rental for lead?

The federal disclosure rule does not require testing, only disclosure of what you know. Some states and cities do require inspection or certification, for example New York City’s Local Law 1.

Is a studio apartment exempt?

Zero-bedroom units are exempt unless a child under six lives or is expected to live there.

Sources

1. 42 U.S.C. § 4852d, Disclosure of information concerning lead upon transfer of residential property, Legal Information Institute
2. 40 CFR Part 745, Subpart F, Disclosure upon sale or lease of residential property, eCFR
3. 40 CFR § 745.101, Scope and applicability, eCFR
4. Real Estate Disclosures about Potential Lead Hazards, U.S. EPA
5. Protect Your Family From Lead in Your Home (pamphlet), U.S. EPA
6. Sample lessor disclosure form, U.S. EPA
7. Compliance and effective dates for the dust-lead reconsideration rule, U.S. EPA
8. Lead Renovation, Repair and Painting Program Rules, U.S. EPA

How Seayora helps

Digital lease signing: Attach the lead disclosure and pamphlet to the lease and keep the signed record with it.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

Related on Seayora

• EPA’s Lead Renovation (RRP) Rule: What Contractors and Landlords Must Do — Guide. Who needs EPA lead-safe certification for paid work in pre-1978 housing, the Renovate Right pamphlet, the minor-repair exemption and the 3-year records rule.
• The Fair Housing Act: A Landlord’s Plain-English Guide — Guide. The seven protected classes, what the Fair Housing Act prohibits, the small-landlord exemptions, advertising rules, deadlines and penalties, with citations.
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