If the home was built before 1978, federal law requires a lead paint disclosure before the tenant signs. The tenant gets a warning statement, what you know about lead in the unit, any reports you hold, and the EPA pamphlet. A few rentals are exempt. The property manager is liable alongside the owner. This is information, not legal advice.
Which rentals does the lead disclosure rule cover?
Almost every rental built before 1978, the year the United States banned residential lead-based paint. The EPA's rule page lists the exemptions, and they are narrower than most people assume:
- Housing built after 1977.
- Zero-bedroom units such as studios and lofts, unless a child under six lives there or is expected to.
- Leases of 100 days or less where no renewal or extension can occur.
- Housing for the elderly or people with disabilities, with the same child-under-six exception.
- Housing a certified inspector has found free of lead-based paint.
Two details catch property managers out. The federal regulation at 40 CFR 745.103 counts a rental of an individual room as a zero-bedroom dwelling, so a room rental is exempt only until a family with a toddler applies. And a studio loses its exemption the moment a child under six is expected to live there.
What has to happen before the tenant signs?
Everything below must be done before the tenant is bound by the lease. The lease attachment is set out in 40 CFR 745.113.
| Item | What it means in practice |
|---|---|
| Lead Warning Statement | Fixed federal wording, attached to the lease or written into it |
| Disclosure of what you know | Known lead paint or hazards, where they are and their condition, or a statement of no knowledge |
| Records and reports | Any inspection or risk assessment you hold, including common areas, listed on the form |
| The EPA pamphlet | Protect Your Family From Lead in Your Home, or an approved equivalent |
| Signatures and dates | Lessor, agent and tenant, with the tenant acknowledging receipt |
The EPA's updated sample lessor form asks the landlord to write under "Describe what is known" instead of ticking a box, and each party initials rather than checks. The sample form is optional. Every element is not.
Timing matters too. Under 745.107, if the disclosure reaches the tenant after they have made an offer, you must complete it before accepting and let them review it and amend the offer.
Who is liable if the disclosure is missed?
The EPA names sellers, landlords, property managers and real estate agents as responsible for compliance. When an agent is involved, the attachment must say the agent told the owner about the obligation and knows their own duty to see it met.
The exposure is real. Under 40 CFR 745.118, anyone who knowingly violates the rule is jointly and severally liable to the tenant for three times their damages, and a court may add attorney and expert witness fees. On top of that, the maximum federal civil penalty under the Act is $22,263 per violation for penalties assessed since January 8, 2025, according to the inflation table in 40 CFR 19.4.
What does this mean for a property manager's workflow?
Treat it as a records task, not a one-time form. Section 745.113 requires the lessor and the agent to keep the signed attachment for at least three years from the start of the lease. Our guide to keeping rental applicant records covers the other retention clocks running at the same time.
Renewals are easier. Under 745.101(d), a renewal needs no new disclosure if everything was disclosed the first time and you have learned nothing new since. A fresh inspection report changes that.
The practical fix is to tag every pre-1978 unit so the disclosure packet goes out with the application, well before signing. LetHub answers rental inquiries in about 30 seconds by text, chat and phone and books the showing, so renters reach the application stage fast and the packet should already be ready. Book a demo to see the leasing flow.
Lead paint disclosure: FAQ
Does the lead disclosure rule apply to every rental?
No. It covers most housing built before 1978. Post-1977 housing, short leases of 100 days or less with no renewal, housing certified lead-free, and elderly or disability housing are exempt, as are zero-bedroom units. The last two lose the exemption when a child under six lives there or is expected to.
Do I have to test a rental for lead before leasing it?
Federal disclosure law does not require testing. Section 745.107 says nothing in the rule creates a duty to inspect or reduce hazards. You disclose what you know and hand over the records you have. State or local rules can go further, so check where the unit sits.
Do I need a new disclosure when a tenant renews?
Not if you disclosed everything at the original lease and nothing new has come to light. Once you receive a new inspection report or learn of a hazard, the next renewal needs a fresh disclosure with that information and the new records attached.
How long do I keep the signed lead disclosure?
At least three years from the start of the lease, for both the lessor and any agent. Keep it with the lease file so it survives a change of owner, property manager or software, because the obligation stays with whoever signed it.
