Lead-based paint disclosure for pre-1978 rentals: the pamphlet and the form

Which rentals are covered

The Lead Disclosure Rule is a joint rule of the EPA and HUD covering most housing built before 1978 (HUD; EPA, Real estate disclosure). The EPA lists these exemptions:

• Zero-bedroom units such as efficiencies, lofts and dormitories, unless a child under six lives or is expected to live there.
• Leases of 100 days or less with no renewal or extension.
• Housing designated for the elderly or persons with disabilities, unless a child under six lives or is expected to live there.
• Housing where a certified inspector or risk assessor tested the painted surfaces and found them free of lead-based paint.

Notice what is not an exemption: one-bedroom and larger apartments where no child currently lives. HUD's guidance says the disclosure is required whether or not a child lives in the home (HUD lead compliance toolkit).

The four things you give the tenant

1. The pamphlet. Give the EPA's Protect Your Family From Lead in Your Home. The EPA publishes it in English, Spanish, Arabic, Chinese, French, Korean, Polish, Russian, Somali, Tagalog and Vietnamese, and says it may be printed or photocopied as long as text and graphics are readable (EPA pamphlet page).
2. What you know. Disclose any known lead-based paint or lead-based paint hazards in the housing, describing what you know.
3. Your records. Provide all available records and reports, such as an old inspection or an abatement report.
4. The signed disclosure. Attach the Lead Warning Statement and disclosure to the lease or put it in the lease itself, signed and dated.

The EPA's pamphlet page notes a 2026 edition reflecting updated dust-lead levels. It also says older versions need not be discarded, but should be given with the supplement that has the updated information.

Filling in the disclosure form

The EPA publishes a sample Lessor's Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards. It opens with the Lead Warning Statement, which explains that housing built before 1978 may contain lead-based paint, that lead exposure is especially harmful to young children and pregnant women, and that lessors must disclose known lead hazards and give a federally approved pamphlet. Then:

If you self-manage without a leasing agent, lines (e) and (f) are N/A. If you have an old report, list it by name and date on line (b) and give a copy. Never mark (a)(ii) if you know of lead paint, for example from an earlier renovation.

Timing, renewals and records

• Before signing: the disclosure and pamphlet come before the tenant is obligated under the lease.
• Records: keep a signed copy of the disclosure for three years from the date the lease begins (EPA).
• Testing: the rule does not require you to inspect or test, and the 10-day testing period in the rule applies only to home buyers, not renters (EPA).
• Renewals: HUD guidance for voucher landlords says to disclose again when lease terms change and you have learned something new about lead since the last disclosure; doing it at every renewal is the simpler habit.

Example a made-up 1965 building of 20 one-bedroom units signs a new lease for unit 7 starting November 1, 2026. The owner, who has no lead reports, gives the pamphlet, initials (a)(ii) and (b)(ii), the tenant initials (c)(ii) and (d), both sign, and the form is attached to the lease. The owner keeps the signed copy until at least November 1, 2029, three years after the lease began.

When you paint or repair, a second rule applies

Disclosure is about what you tell tenants. The EPA's Renovation, Repair and Painting rule is about how work is done: in housing built before 1978, firms paid to do work that disturbs painted surfaces must be certified in lead-safe work practices, and the EPA says this covers in-house maintenance staff as well as many outside contractors (EPA, RRP rules). Firms must also give occupants the Renovate Right pamphlet no more than 60 days before work begins (EPA, RRP for renters). Plan for this on every unit turn that involves sanding or scraping.

Some states and cities have stricter lead laws, such as registration or inspection programs. Check your state's health department and your local code.

Lead disclosure and DoorKeeping

DoorKeeping sends leases for e-signature, so the disclosure form can be signed with the lease and kept with the property's documents. DoorKeeping also keeps each property's own books, including the cost of any lead inspection or certified contractor, and any payment waits for your approval. DoorKeeping does not give legal advice; check your state's rules.

Sources

1. EPA, Real Estate Disclosures about Potential Lead Hazards, read Oct 29, 2026
2. EPA, Protect Your Family From Lead in Your Home (pamphlet page), read Oct 29, 2026
3. EPA, Sample Lessor's Disclosure of Information on Lead-Based Paint (Form 9600-041), read Oct 29, 2026
4. HUD, press release on Lead Disclosure Rule enforcement (2018), read Oct 29, 2026
5. HUD, Housing Choice Voucher lead compliance toolkit, read Oct 29, 2026
6. EPA, Lead Renovation, Repair and Painting Program Rules, read Oct 29, 2026
7. EPA, Renovation, Repair and Painting Program: Renters, read Oct 29, 2026

Questions

Do I need a lead disclosure if no children live in the unit?

Yes, for most pre-1978 units. The child exception applies only to zero-bedroom units and housing for the elderly or disabled, and even then only when no child under six lives or is expected to live there.

Do landlords have to test for lead paint?

Not under the federal disclosure rule. You must disclose what you know and share records you have. Some states and cities require more.

How long must I keep the lead disclosure form?

Keep the signed disclosure for at least three years from the date the lease begins.