For covered housing, generally built before 1978, federal law requires specified lead-based-paint disclosures before a buyer or tenant becomes obligated under the contract. The duty concerns known information and required warnings; it is not a universal requirement to test or remove all lead paint before every transaction. [1]
What must be provided?
The seller or landlord generally must disclose known lead-based paint or hazards, provide available relevant records, deliver the approved information pamphlet, and include the required warning and acknowledgments in the contract or lease. Sellers must also provide the required inspection opportunity, subject to the permitted written arrangements. [1] [2]
Check exclusions carefully
The rule contains exemptions and special treatment for specified housing and transactions. Construction date alone does not answer every coverage question. Confirm the actual exemption before omitting the disclosure package.
For example, having no knowledge of lead does not mean the warning and pamphlet requirements simply disappear. The disclosure can state the lack of knowledge where appropriate.
Keep a complete transaction file
Collect prior lead reports, the signed disclosure, proof of pamphlet delivery, inspection-period terms, and relevant agent communications. Retain records under the applicable retention requirements. A signed form delivered after the tenant or buyer is already obligated may not cure the original timing failure.
Violations can lead to enforcement and civil consequences; the statute includes specified damages for knowing violations. [1]
The buyer’s inspection period is not a tenant testing right
The statutory purchase protection generally provides a10-day opportunity to conduct a lead inspection or risk assessment, unless the parties agree otherwise in writing or the purchaser waives that opportunity in writing. Do not treat that purchase provision as an identical mandatory10-day testing period for every rental. Both transaction types still need their applicable disclosure package before commitment. Also distinguish disclosure of known information from a guarantee that a property contains no lead. A seller or landlord who has relevant reports cannot replace the records obligation with an unsupported “as is” statement. Give the actual known information and retain the signed transaction documentation. [1] [2]
Compare landlord and tenant ADA responsibilities and housing accessibility modifications. Each concerns a different legal duty and should be checked separately from lead disclosure.
Primary sources
Sources checked: October 31, 2026.