Lead-based paint disclosure form for landlords

Any lessor of "target housing": housing built before 1978, with the exceptions below. A lessor is any entity that offers target housing for lease, rent or sublease, so individual owners, LLCs, trusts, housing agencies and tenants who sublet are all covered, and the rule applies to subleases (745.103, 745.101). The same requirements are issued jointly by EPA (40 CFR part 745, subpart F) and HUD (24 CFR part 35, subpart A) under 42 U.S.C. 4852d.

If a property manager or leasing agent contracts with you to lease the unit, they share the duty: they must tell you about your obligations and make sure the steps get done (745.113(b)(5)). You must also tell your agent what you know about lead in the property (745.107(a)(3)).

You do not have to test. Nothing in the disclosure rule requires the lessor to perform an evaluation or any lead reduction work (745.107(a)). But you cannot claim "no knowledge" if you have a report or know about the paint: disclose the basis, the location and the condition of the painted surfaces (745.107(a)(2)).

1. The EPA pamphlet Protect Your Family From Lead in Your Home (EPA #747-K-94-001) or an equivalent pamphlet EPA has approved for use in your state (745.107(a)(1)). EPA publishes it in English, Spanish and several other languages, and released a revised 2026 edition; EPA says older copies need not be discarded, but should be given with the supplement in the right language.
2. Copies of every available lead record or report for the unit, common areas, and any building-wide evaluation (745.107(a)(4)).
3. The completed disclosure form (the generator above), signed and dated by everyone, attached to or included in the lease (745.113(b)).

Prefer the government's own version? EPA's sample lessor disclosure form (PDF) has the same sections (a) through (f), and EPA's real estate disclosure page links all the sample forms. The form above fills in the same structure for you and lists the attachments.

Each row below is quoted or closely paraphrased from the regulation cited. If none fits, disclose.

"Year unknown" is not an exemption. If you can't show the building was constructed in 1978 or later, treat it as target housing and disclose. The generator warns you if you enter a year of 1978 or later.

The lessor and any agent must each keep a copy of the completed disclosure (or the lease that contains it) for no less than 3 years from the commencement of the leasing period (40 CFR 745.113(c)(1)). The clock starts when the lease begins, not when the form was signed.

Worked example

The tenant signs the disclosure and lease on November 10, 2026, and the lease starts December 1, 2026. Keep the form until at least December 1, 2029. If the tenant renews on the same disclosure, the safest habit is to keep it for 3 years after the last lease term it covered begins. The generator prints the keep-until date at the bottom of the form when you enter a lease start date.

Store it with the lease, along with a copy of every report you gave the tenant and a note of the pamphlet edition you handed over. The 3-year rule doesn't limit a tenant's right to sue under the statute (745.113(c)(2)).

A landlord who knowingly fails to comply can face civil money penalties, can be ordered by a federal court to stop the violation, and is jointly and severally liable to the tenant for three times the tenant's damages, plus court costs, reasonable attorney fees and expert witness fees if the tenant wins (42 U.S.C. 4852d(b), 40 CFR 745.118). Failing to comply is also a prohibited act under the Toxic Substances Control Act, and violators may be subject to civil and criminal sanctions for each violation (745.118(e)–(f)).

The maximum civil penalty per violation is adjusted for inflation; EPA publishes the current figure in 40 CFR 19.4. Dollar amounts quoted in older articles are often out of date.

The disclosure covers leasing. Paid renovation, repair and painting work that disturbs paint in pre-1978 housing falls under EPA's Renovation, Repair and Painting (RRP) rule in 40 CFR part 745, subpart E: firms must be certified, work must follow lead-safe practices, and the firm must give the owner and the tenant EPA's "Renovate Right" pamphlet before the work starts. Minor repair and maintenance that disturbs 6 square feet or less of painted surface per room inside, or 20 square feet or less outside, is generally excluded, but not window replacement, demolition, or work using prohibited practices (40 CFR 745.83). See EPA's RRP program page for details.

If renovation work or a new inspection gives you new information about lead in the unit, that new information means the next renewal is no longer exempt (745.101(d)): give an updated disclosure. For new tenants, update the form every time.

Building the lease too? The free lease agreement generator handles the lease itself, and the move-in checklist is a good place to note the condition of painted surfaces on day one. More forms are in the free landlord forms library.