Lead Disclosures for Rental Property FAQ

Lead-based paint or hazards must be disclosed by landlords prior to renting or renovating property. If the landlord fails to inform tenants,   he/she may be held accountable for any health issues resulting from exposure to lead.  

What are a landlord's legal responsibilities to new tenants regarding lead in rental property?

The Residential Lead-Based Paint Hazard Reduction Act was enacted in 1992 because of the health problems caused by lead poisoning. This law is commonly known as Title X (Ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978.

Under Title X, before a tenant is able to sign or renew a lease or rental agreement, a landlord is required to disclose any known lead-based paint or hazards on the property. An EPA-approved disclosure form must be signed by both the landlord and tenant to prove that the landlord told the tenants about any known lead on the premises. It is important for property owners to keep this disclosure form for three years from the date that the tenancy begins as a record that that tenant was informed of all lead disclosures.

In addition, the landlord must also give every tenant the EPA pamphlet, "Protect Your Family From Lead In Your Home," or a state-approved version of this pamphlet.

If a landlord fails to comply with EPA regulations, he/she could face penalties of up to $10,000 per violation. In situations where the landlord is deemed liable for tenant injuries from lead exposure, he/she may have to pay three times what the tenant suffered in damages.