Real Estate Disclosures about Potential Lead Hazards

Information for homebuyers, renters, property managers, landlords, real estate agents and home sellers.

Though lead-based paint for use in homes was banned in the U.S. in 1978, it is still present in millions of homes. Lead-based paint is usually not a hazard if it is in good condition. However, deteriorating (peeling, chipping, chalking, cracking, or damaged) lead-based paint is a hazard and needs prompt attention. Sellers, landlords, real estate agents and property managers play an important role in protecting the health of families who purchase and rent homes, apartments and condominiums. 

The Lead-based Paint Disclosure Rule requires sellers, landlords, real estate agents and property managers to provide specific information about lead-based paint and lead-based paint hazards before prospective renters and homebuyers sign a lease or contract. This requirement applies to most pre-1978 private housing, public housing, federally owned housing, and housing receiving federal assistance. It is designed to help people make more informed choices based on the information they receive. However, the Lead-based Paint Disclosure Rule does not apply to:

• Zero-bedroom units, such as efficiencies, lofts, and dormitories;
• Leases for 100 days or less, such as vacation houses or short-term rentals where no lease renewal or extension can occur;
• Housing specifically for the elderly or persons with disabilities (unless a child under the age of 6 lives or is expected to live in such housing);
• Housing in which painted surfaces have been tested by a certified lead-based paint inspector or risk assessor and found to be lead-based paint free;
• Foreclosure sales; and 
• Housing built after 1977.

Requirements Under the Disclosure Rule

Homebuyers and renters of most pre-1978 private, public, and federally owned housing and housing receiving federal assistance have the right to know whether lead-based paint and lead-based paint hazards are present before signing a contract or lease. Before a homebuyer signs a contract for a housing sale or a renter signs a lease, federal law requires sellers, landlords, real estate agents and property managers to :

• Give buyers and renter a copy of the Protect Your Family From Lead In Your Home (PDF) pamphlet with information on identifying and controlling lead-based paint and lead-based paint hazards. It is available in multiple languages.
• Disclose any known information about the presence of lead-based paint and lead-based paint hazards in the home or building. This may include the location of the lead-based paint and the condition of the painted surfaces.
• Provide all available records and reports on the presence of lead-based paint and lead-based paint hazards in the housing being sold or leased. For multi-unit buildings, this includes those for common areas and other units  from building-wide evaluations.
• Provide a "Lead Warning Statement"  to buyers or renters explaining, among other things, that lead from paint can pose health hazards if not managed properly. This can be an attachment to or as language inserted into the contract or lease. This should be in the same language as the rest of the contract. It should include confirmation that the seller or landlord has complied with all requirements under the Lead-Based Paint Disclosure Rule.
  • They can use EPA's sample disclosure forms for this purpose.  
    • Sample Seller’s Disclosure of Information in English (PDF) and in Spanish (PDF). 
    • Sample Lessor's Disclosure of Information in English (PDF) and in Spanish (PDF).
• Provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity. If a homebuyer is a concerned about possible lead-based paint, they may hire a certified inspector to conduct a lead-based paint inspection before committing to buy.  Use EPA’s Lead-Based Paint Professional Locator to find a certified inspector in your area.
• Keep a signed copy of the disclosures for three years after the sale is completed or the lease begins.
• If providing the required disclosure information electronically to renters or buyers, provide, among other things: a clear statement on their right to receive paper documents, procedures to withdraw consent and the consequences of doing so, and how to access and retain electronic records. If using electronic disclosure, must get consent from the renter or buyer to show they can access the forms electronically. Sellers, landlords, or managers of rental properties and their agents should make sure that the use of electronic technology provides renters or buyers complete access to all disclosure materials. 

Renters can ask their landlord or property manager to get a paint inspection from a certified inspector before signing a lease; however, landlords and property managers are not required to do so by this Disclosure Rule. 

Real estate agents must inform sellers of his or her obligations under the Real Estate Notification and Disclosure Rule. Agents are responsible, along with the seller or lessor, for complying with this rule unless the seller or lessor fails to disclose to the agent all information on lead-based paint or lead-based paint hazards. Read the regulations that includes these requirements.

What Happens if a Seller or Lessor Fails to Comply with These Regulations

EPA enforces lead-based paint laws to protect you and your family. A seller, landlord, real estate agent or property manager who does not give the proper information to homebuyers and renters may be subject to penalties. Giving home buyers and renters information about lead-based paint and lead-based paint hazards helps people protect themselves and their families while avoiding misunderstandings before, during, and after sales and rental agreements. If you did not receive the disclosure of information on lead-based paint or lead-based paint hazards when you bought or rented pre-1978 housing, report this information to: epa.gov/lead/violation.

• Read more about how EPA enforces lead-based paint laws.

For More Information

• Lead-Based Paint Disclosure Rule Fact Sheet
• Read the Real Estate Notification and Disclosure Rule, Section 1018 of Title X
• Questions and answers on the Lead-based Paint Disclosure Rule
• Interpretive Guidance for the Real Estate Community on the Requirements for Disclosure of Information Concerning Lead-based Paint in Housing