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Federal lead disclosure for landlords: the pre-1978 checklist

The checklist, for every new lease

• Give the tenant the EPA pamphlet “Protect Your Family From Lead in Your Home” (or your state’s approved version). EPA updated it in January 2026; with an older copy, add the 2026 supplement.
• Tell the tenant about any lead-based paint or lead hazards you know of, in the unit and common areas, and hand over every report or record you have.
• Put the Lead Warning Statement in the lease or attach it, along with your disclosure, a list of the reports you gave, the tenant’s acknowledgment and dated signatures. EPA’s sample lessor disclosure form covers all of it.
• Keep the signed form for at least 3 years from the start of the lease.

The Lead Warning Statement (exact text)

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

This wording comes from 40 CFR 745.113(b)(1). Use it as written.

Repairs and renovation: the RRP rule

For work in pre-1978 housing that disturbs more than 6 sq ft of paint per interior room or more than 20 sq ft outside, or any window replacement or demolition, the work must be done by an EPA Lead-Safe Certified firm with a certified renovator using lead-safe practices. Rent counts as compensation, so a landlord doing the work personally needs firm and renovator certification; if an employee does it, the landlord needs firm certification and the employee renovator certification; hiring a certified firm means the landlord needs neither. No more than 60 days before work, the firm gives the owner and an adult occupant the 'Renovate Right' pamphlet (common areas: notice to each unit or posted signs). Jobs in the same room within 30 days count as one job. Renovate Right pamphlet.

Your state or city may add more

Many places add their own lead certificate, registration or tenant forms on top of this. See rules by state and city programs.

Who it covers

Nearly every lease of housing built before 1978, anywhere in the U.S. Before a tenant signs, the landlord must hand over the EPA lead pamphlet, disclose any known lead paint or hazards and any reports, and attach a signed lead warning and disclosure form to the lease.

Exempt

• 0-bedroom units (studios, efficiencies, dorms, single-room rentals) unless a child under 6 lives or is expected to live there
• Housing for the elderly (62+) or persons with disabilities unless a child under 6 lives or is expected to live there
• Short-term leases of 100 days or less with no renewal or extension possible
• Units found lead-based-paint free by a certified inspector
• Lease renewals where full disclosure was already given and the landlord has no new information
• Foreclosure sales (sales only)

If you skip it

Knowing violations of the disclosure rule: civil penalty up to $22,263 per violation (EPA 40 CFR 19.4 for penalties assessed on or after January 8, 2025; HUD 24 CFR 30.65 as adjusted June 12, 2025). No 2026 EPA adjustment appeared in eCFR as of 2026-11-06. Tenants can sue for 3 times their damages plus court costs, attorney fees and expert fees. RRP violations fall under TSCA, up to $49,772 per violation (40 CFR 19.4). Criminal sanctions are possible.

Questions landlords ask

What lead paperwork does a landlord need for a pre-1978 rental?

Before the tenant signs, give the EPA 'Protect Your Family From Lead in Your Home' pamphlet, disclose any known lead paint or hazards and reports, and attach a signed lead warning and disclosure form to the lease. Keep the signed form 3 years.

Does the federal lead disclosure apply to lease renewals?

Not if you already gave full disclosure and have learned nothing new about lead in the unit. If you got a new report or found new hazards, disclose again.

Which rentals are exempt from the federal lead disclosure?

Housing built in 1978 or later, studios and other 0-bedroom units, and senior or disability housing are exempt unless a child under 6 lives there. Also exempt: leases of 100 days or less with no renewal, and units certified lead-based-paint free by a certified inspector.

What is the fine for not giving a lead disclosure?

Up to $22,263 per violation under current EPA and HUD inflation adjustments, and tenants can sue for three times their damages plus attorney fees.

Do I need RRP certification to work on my own rental?

Yes if the job disturbs more than 6 square feet of paint in a room, more than 20 square feet outside, or replaces windows, because rent counts as compensation. Hiring an EPA Lead-Safe Certified firm instead means you do not need certification yourself.

Last checked November 6, 2026. Rule: 42 U.S.C. 4852d (Residential Lead-Based Paint Hazard Reduction Act of 1992, Section 1018); 40 CFR 745 Subpart F and 24 CFR 35 Subpart A (disclosure); 40 CFR 745 Subpart E (RRP).

This page sums up published rules as of November 6, 2026. It is not legal advice, and myleadsafe is not a government site. Rules and fees change, and local offices add their own steps, so confirm with EPA, HUD or a lawyer before you rely on a date or a fee.