Tag: Lead Paint Disclosure

If you are buying or renting a home built before 1978, federal law says the seller or landlord must tell you what they know about lead-based paint in it before you sign. That duty comes from the Lead-Based Paint Disclosure Rule, which EPA and HUD run together, and it applies to most older housing in the US, whether private, public or federally assisted. This guide walks through what you should receive, what the rule does not require, who is exempt, the penalties as published, and the official sample forms.

In short: before a sales contract or lease for pre-1978 housing is signed, the seller or landlord (and their agent) must give you the EPA pamphlet Protect Your Family From Lead in Your Home, disclose any known lead-based paint or lead-based paint hazards, hand over any records or reports they have, and include a Lead Warning Statement with signed acknowledgments. Buyers also get a 10-day opportunity to have the home inspected or risk-assessed for lead, which they can shorten, lengthen or waive in writing. The rule requires disclosure, not testing or removal.

Where the rule comes from

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, known as Title X (“ten”). Section 1018 of that law (42 U.S.C. 4852d) told EPA and HUD to require disclosure of known lead information before most pre-1978 housing is sold or leased. The two agencies published matching rules: EPA’s is at 40 CFR part 745, subpart F, and HUD’s is at 24 CFR part 35, subpart A. The cutoff year is 1978 because that is when the Consumer Product Safety Commission banned lead-based paint for residential use, as EPA and HUD’s fact sheet explains.

For the rule, “lead-based paint” has a precise meaning: paint or other surface coatings with lead at or above 1.0 milligram per square centimeter, or 0.5 percent by weight (40 CFR 745.103). A “lead-based paint hazard” is a condition that causes exposure to lead from contaminated dust or soil, or from lead-based paint that is deteriorated or sits on accessible, friction or impact surfaces. If you want to understand what makes paint a hazard in practice, read is lead paint dangerous?

What sellers and landlords must give you

According to EPA’s real estate disclosure page and the EPA/HUD fact sheet (January 2025), sellers, landlords, real estate agents and rental property managers must do the following before the buyer or renter is obligated under a contract or lease:

1. Give you the pamphlet. The EPA booklet Protect Your Family From Lead in Your Home explains how to identify and control lead hazards. EPA posted a 2026 revision and offers it in English, Spanish, Chinese (Simplified and Traditional), French, Korean, Polish, Russian, Somali, Tagalog and Vietnamese.
2. Disclose what they know. Any known lead-based paint or lead-based paint hazards in the home or building, which may include where the paint is and what condition it is in. If they know nothing, the form says so.
3. Hand over the records. All available records and reports on lead-based paint and hazards. In a multi-unit building, that includes reports on common areas and other units from building-wide evaluations.
4. Include a Lead Warning Statement. A set federal text, attached to or written into the contract or lease, in the same language as the rest of the contract.
5. Get signatures. The buyer or renter acknowledges receiving the disclosure, the records and the pamphlet; everyone involved signs and dates, certifying the information is accurate to the best of their knowledge.
6. Give buyers the 10-day opportunity to test for lead (more below).
7. Keep copies. Sellers, landlords and agents must keep a signed copy for at least three years from the date the sale is completed or the lease period begins (40 CFR 745.113(c)).

The disclosure can be done electronically, but EPA says the buyer or renter must consent, must be told about their right to paper copies and how to withdraw consent, and must be able to access and keep all the materials.

What the Lead Warning Statement says

The wording is fixed in 40 CFR 745.113. For sales, it tells every purchaser of a pre-1978 home that the property may expose them to lead from paint that can harm young children, that lead poisoning in young children can cause permanent neurological damage, and that it poses a particular risk to pregnant women. It ends by recommending “a risk assessment or inspection for possible lead-based paint hazards” before purchase. The lease version opens with “Housing built before 1978 may contain lead-based paint” and reminds renters they must receive the federal pamphlet.

The 10-day inspection opportunity for buyers

Buyers get 10 days to have a lead-based paint inspection or risk assessment done before they are bound by the contract. The rule is flexible about it:

• Buyer and seller can agree in writing to a longer or shorter period.
• The buyer can waive the opportunity entirely, and the signed form records whether they used it or waived it.
• The seller does not have to pay for the testing, and nothing in the federal rule forces the seller to fix what the test finds. What happens next is a matter for your contract, so talk to your agent or attorney about how a lead contingency is written.

Ten days goes fast. If you plan to use it, line up a certified professional before you make an offer. An inspection tells you where lead-based paint is, surface by surface; a risk assessment tells you whether there are hazards right now, such as peeling paint or lead dust, and how to deal with them. Our lead paint inspection guide explains the difference, and how to choose a lead inspector covers what to ask. You can search for certified people in our find a lead professional directory.

Renters do not get the 10-day window. EPA says renters can ask the landlord for a certified paint inspection, but the landlord is not required to provide one under this rule.

What the rule does not require

The EPA/HUD fact sheet is direct about this: the rule “does not require sellers or landlords to test or remove” lead-based paint or lead-based paint hazards, and it does not cancel sales or leasing contracts. A seller who has never tested can honestly check “no knowledge.” The point is informed choice. That is why the inspection opportunity matters so much for buyers, and why a test of your own can be worth it if you are renting with young children. See lead paint testing for your options.

Separate rules can still apply. HUD has additional lead requirements for HUD-assisted and federally owned housing (other subparts of 24 CFR part 35), and contractors who work on pre-1978 homes must follow EPA’s renovation rule; see lead-safe renovation and the RRP rule.

Who is exempt from lead paint disclosure

Exempt	Details
Housing built after 1977	The rule covers pre-1978 housing only
Zero-bedroom units	Efficiencies, studios, lofts, dormitories, unless a child under 6 lives or is expected to live there
Housing for the elderly or people with disabilities	Unless a child under 6 lives or is expected to live there; “elderly” means housing reserved for households with one or more people 62 or older
Short leases	Leases of 100 days or less that cannot be renewed or extended, such as vacation rentals
Certified lead-free housing	Painted surfaces tested by a certified inspector and found free of lead-based paint
Foreclosure sales	The sale at foreclosure itself
Some lease renewals	Where the landlord already made the full disclosure and has no new information

Sources: EPA real estate disclosure page, EPA/HUD fact sheet, and 40 CFR 745.101 and 745.103. Note the child-under-6 exception: a studio or senior unit loses its exemption if a young child lives there or is expected to.

Real estate agents and property managers

Agents are not bystanders. EPA says an agent must tell the seller or landlord about their obligations and shares responsibility for compliance, unless the seller or landlord failed to disclose information to the agent. On the sales form, the agent signs a statement that they informed the seller and understand their duty to ensure compliance. Property management companies that handle leases carry the same duties for the units they rent.

Penalties for not disclosing

The published consequences are real, and they stack:

• Triple damages. A seller, landlord or agent who knowingly fails to comply can be held liable to the buyer or renter for three times the damages incurred, and a court may award court costs and attorney and expert witness fees to a buyer or renter who wins (40 CFR 745.118).
• Civil penalties. The statute’s original cap was $10,000 per violation. With inflation adjustments, EPA’s table in 40 CFR 19.4 lists a maximum of $22,263 per violation for penalties assessed on or after January 8, 2025, and HUD’s rule at 24 CFR 30.65 lists the same $22,263. These figures can change with future adjustments.
• Criminal sanctions are also possible under the Toxic Substances Control Act, per 40 CFR 745.118 and the fact sheet.

If you bought or rented pre-1978 housing and never got the disclosure, EPA and HUD ask you to report it at epa.gov/lead/violation or by email to [email protected]. For your own situation, especially if a child has been exposed, talk to an attorney; we can’t give legal advice.

Official sample disclosure forms

You don’t have to use EPA’s forms, but they contain every required element, and many state realtor forms are built on them. These are the official PDFs linked from EPA’s disclosure page:

• Seller’s disclosure form, English (PDF)
• Seller’s disclosure form, Spanish (PDF)
• Lessor’s (landlord’s) disclosure form, English (PDF)
• Lessor’s disclosure form, Spanish (PDF)
• Protect Your Family From Lead in Your Home pamphlet, all languages

State rules on top of the federal rule

Some states and cities have their own lead rules for rentals and sales, such as registration, inspection or certificate programs. They vary a lot and change often, so we don’t list them here until we have confirmed each one against the state’s own agency. Ask your state or local health department, or your real estate agent, which local rules apply on top of the federal disclosure.

A buyer’s and renter’s checklist

1. Check the year built. Before 1978? Expect the disclosure form and pamphlet before you sign.
2. Read the disclosure and any reports. A report that names specific rooms or components is worth more than a checked box.
3. Buyers: decide on the 10-day opportunity before you sign, and write the period you need into the contract.
4. Walk the home looking for peeling, chipping or chalking paint, especially on windows, doors, stairs and porches.
5. If young children will live there or someone is pregnant, consider a risk assessment by a certified professional; see lead and children and lead and health.
6. Keep your copy of the signed disclosure with your closing or lease papers.

Screening before a professional test

Home tests are not a substitute for a certified inspection, and they don’t count as a “lead-free” finding under the disclosure rule. Still, some buyers and renters like a first look. EPA recognizes LeadCheck swabs only for tests done by certified renovators on wood, ferrous metal, drywall and plaster, and only for a reliable negative result; a mail-in kit sends a paint chip, dust or soil sample to a lab instead. Our guide to home lead tests vs lab testing explains what each can and can’t tell you, and best lead paint test kits compares more options. These were in stock on Amazon when checked in October 2026:

Lead paint disclosure questions

Does a seller have to test for lead paint before selling?

No. The federal rule requires sellers and landlords to disclose what they know and share records they have, not to test or remove lead. Buyers get the right to test during a 10-day window.

Can I waive the 10-day lead inspection?

Yes. Buyers can waive it, and buyer and seller can agree in writing to a longer or shorter period. The signed disclosure form records your choice.

Does the lead disclosure rule apply to rentals?

Yes, to most pre-1978 rentals. Landlords must give the pamphlet, known information and records, and a Lead Warning Statement before the lease is signed. Leases of 100 days or less with no renewal option are exempt.

How long must the disclosure form be kept?

At least three years from the completion of the sale or the start of the lease, by sellers, landlords and their agents.

What if I never received a lead disclosure?

You can report it to EPA at epa.gov/lead/violation or to HUD at [email protected]. Sellers and landlords who knowingly fail to disclose can face civil penalties and can be sued for three times the damages. An attorney can advise on your case.

Where can I get help with questions about the rule?

The National Lead Information Center answers questions at 1-800-424-LEAD (5323), Monday to Friday, 8 a.m. to 6 p.m. Eastern, excluding federal holidays.