The federal lead disclosure rule for pre-1978 homes

If a home or apartment was built before 1978, federal law usually requires the landlord to give tenants lead information before the lease becomes binding. In plain terms, the landlord must share any known lead-based paint or lead hazard information, provide the EPA lead pamphlet, include a lead warning statement in the lease or an attachment, and keep the signed disclosure for at least 3 years. (uscode.house.gov)

This rule matters in every state, but it is only a starting point. Some cities and states add their own inspection, certification, or turnover rules for older rentals, so a landlord may need more than the federal form alone. (epa.gov)

What the federal rule is

The federal lead disclosure rule comes from Section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act, now codified at 42 U.S.C. § 4852d. It applies before a buyer or renter is obligated under a contract for most pre-1978 “target housing.” (uscode.house.gov)

For renters, the rule is mainly about disclosure, not construction work. The landlord does not have to guess, hide, or stay silent about known lead issues. Instead, the landlord must pass along what is known, give the federally approved pamphlet, and put the required warning language into the lease package before the tenant is locked in. (uscode.house.gov)

The current EPA pamphlet is Protect Your Family From Lead in Your Home. EPA, HUD, and CPSC publish it for buyers and renters of pre-1978 housing, and federal law requires it to be given before renting or buying an older home or apartment. (epa.gov)

Which rentals are covered, and which ones are exempt

The rule generally covers housing built before 1978. In the federal regulations, “target housing” means housing constructed before 1978, except housing for older adults or people with disabilities if no child under age 6 lives there or is expected to live there, plus zero-bedroom dwellings such as many studios, dormitory-style units, military barracks, and single-room occupancy units. (govinfo.gov)

A few lease situations are specifically exempt. Short-term leases of 100 days or less are exempt if there cannot be a renewal or extension. Lease renewals are also exempt when the landlord already made the required disclosure and no new lead information has come into the landlord’s possession. (govinfo.gov)

There is also an exemption for leases of target housing that has been found to be lead-based paint free by a properly certified inspector. That is a narrow federal exemption. A local “lead-safe” certificate is not always the same thing as a federal finding that the unit is lead-based paint free, so it is smart to read the paperwork closely. If you need help sorting out the difference, see Lead inspection vs. risk assessment vs. clearance test. (govinfo.gov)

What landlords must give renters before the lease is binding

For most pre-1978 rentals, the landlord must complete the disclosure steps before the tenant is obligated under the lease. The easiest way to think about it is: the tenant should get the lead paperwork before signing, not after move-in. (uscode.house.gov)

Here is the basic federal checklist:

1. Give the EPA pamphlet. The landlord must provide an EPA-approved lead hazard information pamphlet. (govinfo.gov)
2. Disclose known lead-based paint or lead hazards. If the landlord knows there is lead-based paint, deteriorated lead paint, lead dust hazards, or other known lead issues, that information has to be disclosed. If the landlord has no knowledge, the form can say that. (uscode.house.gov)
3. Provide available records and reports. Any available records or reports about lead-based paint or lead hazards must be given to the tenant. For multifamily housing, that can include common-area records and, in some cases, reports about other units if they are part of a building-wide evaluation or hazard reduction effort. (govinfo.gov)
4. Include the federal lead warning statement in the lease or an attachment. The regulations say the lease must include the warning statement and related disclosure language as an attachment or within the lease itself, and it must be in the language of the contract. (epa.gov)
5. Get signatures and dates. The lease package must include signed acknowledgments from the lessor and lessee, and from any agent involved, certifying the accuracy of their statements to the best of their knowledge. (govinfo.gov)
6. Keep the completed disclosure for at least 3 years. For leases, the landlord and any agent must retain a copy for no less than 3 years from the start of the leasing period. (epa.gov)

EPA says landlords may use the federal sample disclosure forms, but they do not have to use that exact sample form as long as the required language and disclosures are included. In practice, many landlords use a stand-alone disclosure addendum attached to the lease. (epa.gov)

If a property manager or leasing agent is involved, the agent has real duties too. The regulations say the agent must inform the lessor of the rule and ensure compliance, or personally ensure the requirements are met. (govinfo.gov)

What the rule does not require

This is the part many owners and tenants misunderstand: the federal disclosure rule is not a federal lead-safe certificate law. EPA’s fact sheet says the rule does not require sellers or landlords to test for lead, and it does not require them to remove lead-based paint or lead hazards before renting. (epa.gov)

That means a landlord can still have a federal disclosure duty even when no test was ever done. If the unit is pre-1978, the landlord still usually must give the pamphlet, include the warning statement, and disclose any known information. For a broader look at where actual certificates are required, see Lead-safe certificates for rentals: who needs one. (epa.gov)

The rule also does not give renters the same inspection right that buyers get. Federal law gives homebuyers up to 10 days to conduct a lead-based paint inspection or risk assessment, unless they waive that opportunity. That 10-day right is part of the sales side of the law, not the rental side. (epa.gov)

Finally, the disclosure rule is separate from the federal renovation, repair, and painting rules. If work will disturb painted surfaces in pre-1978 housing, separate lead-safe work practice rules may apply. See The RRP rule for landlords and contractors. (epa.gov)

Why local lead rules can still matter more

Federal disclosure is the floor, not always the full job. The EPA pamphlet itself warns that some states, Tribes, counties, and cities have their own lead-based paint rules. That is why a landlord can fully comply with the federal disclosure rule and still miss a local inspection or certificate requirement. (epa.gov)

Philadelphia is a clear example. The city says landlords must test and certify rental properties as lead-safe or lead-free in order to execute a new or renewed lease and to get or renew a rental license. That is much more than a simple federal disclosure form. (phila.gov)

If you are trying to figure out what applies where you live, start with the site’s state-by-state pages, search your city, county or ZIP, or use the Rental lead-safe check. This is general information, not legal advice, and it is wise to confirm the current rule with the relevant state or local lead program, housing department, or health department before renting out an older unit.

A simple compliance plan for landlords

If you rent older housing, a simple routine can prevent most disclosure mistakes:

• Step 1: Confirm the build year. If the home was built in 1978 or later, the federal disclosure rule usually does not apply. If it was built before 1978, assume the rule needs a closer look. (govinfo.gov)
• Step 2: Gather every lead record you already have. That includes old inspection reports, risk assessments, clearance results, repair records, and any common-area lead reports for multifamily buildings. (govinfo.gov)
• Step 3: Deliver the pamphlet and disclosure before signing. Do not wait until after the tenant takes possession. (uscode.house.gov)
• Step 4: Make sure the lease package contains the warning statement, signatures, and dates. (govinfo.gov)
• Step 5: Save the completed file for at least 3 years from the lease start date. (epa.gov)
• Step 6: Re-check the file at renewal if you learned anything new. If there is new lead information, disclose it. If there is no new information and the prior disclosure was done correctly, a renewal may be exempt. (govinfo.gov)
• Step 7: If you plan repairs that disturb paint, line up certified help. If you need one, here is How to find a certified lead inspector or risk assessor. (epa.gov)

Frequently asked questions

If a landlord has no knowledge of lead, is the disclosure still required?

Usually yes, if the rental is covered pre-1978 housing. The landlord can state that there is no knowledge of lead-based paint or lead hazards, but the landlord still generally must provide the EPA pamphlet, include the warning statement, and complete the disclosure before the tenant is obligated under the lease. (uscode.house.gov)

Does a lead-safe certificate replace the federal disclosure form?

Not automatically. The federal rule is about disclosure, and local certificate programs are separate. A local certificate may help satisfy local law, but the federal disclosure rule still applies unless a federal exemption fits, such as a certified finding that the housing is lead-based paint free. (govinfo.gov)

Do landlords need a new disclosure every time a lease renews?

Not always. Federal regulations exempt renewals of existing leases when the landlord already disclosed the required information and no new lead information has come into the landlord’s possession. If there is new information, it should be disclosed. (govinfo.gov)

Does the federal rule require a lead inspection before renting?

No. EPA’s fact sheet says the disclosure rule does not require landlords to test for lead or remove lead hazards before renting. But state or city law may still require testing, turnover work, or a certificate in some places, so always check the local rule too. (epa.gov)