If you sell or rent a home built before 1978, federal lead-based paint disclosure rules for sellers and landlords require you to hand over any known lead information and records, give the buyer or tenant the EPA’s lead-hazard pamphlet, include a Lead Warning Statement in the contract, and (for sales) allow a 10-day inspection window. You then need a signed acknowledgment from the recipient before the contract is binding.1Office of the Law Revision Counsel. 42 U.S.C. § 4852d
Which Homes Are Covered
The rules apply to “target housing,” meaning most residential properties built before 1978, the year the federal government banned lead-based paint in residential consumer products.2Legal Information Institute. 40 C.F.R. § 745.1033Legal Information Institute. 16 C.F.R. § 1303.1 That covers single-family homes, units in multi-unit buildings, and federally assisted housing. Private sellers and landlords are both on the hook.4Environmental Protection Agency. Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
What You Must Give the Buyer or Tenant
Before the contract is signed, sellers and landlords have to share any records or reports about lead-based paint hazards that they possess or can reasonably obtain. Past inspections, risk assessments, and prior lead work all belong in that handoff.5Legal Information Institute. 40 C.F.R. § 745.107
Every prospective buyer or tenant also has to receive the EPA pamphlet titled “Protect Your Family from Lead in Your Home.” It can be delivered electronically, but only with the recipient’s consent and in line with federal electronic-disclosure rules.6Environmental Protection Agency. Electronic Version of Lead Information Pamphlet
The sales contract or lease itself must include the standardized Lead Warning Statement notifying the recipient of lead exposure risks. Sellers have one extra duty landlords don’t: giving the buyer 10 days to conduct an independent lead inspection or risk assessment. Both sides can agree in writing to lengthen, shorten, or waive that window.7Legal Information Institute. 40 C.F.R. § 745.1131Office of the Law Revision Counsel. 42 U.S.C. § 4852d
Get the Signed Acknowledgment
The disclosure isn’t complete until the buyer or tenant signs it. That signed acknowledgment is your proof that they received the pamphlet, were told about any known hazards, and were offered the inspection opportunity. Keep it. If a dispute arises later, it’s the document that shows you followed the rule.7Legal Information Institute. 40 C.F.R. § 745.113
When the Rules Don’t Apply
Federal law carves out several situations where the disclosure requirements do not attach:8Legal Information Institute. 40 C.F.R. § 745.1012Legal Information Institute. 40 C.F.R. § 745.103
- Housing built in 1978 or later.
- Zero-bedroom units such as studios, efficiencies, and lofts, as long as no children under six live there.
- Leases of 100 days or fewer with no option to renew or extend.
- Housing designated for the elderly or persons with disabilities, unless a child under six lives or is expected to live there.
- Properties officially certified lead-based paint free by an authorized inspector.
- Foreclosure sales.
What Noncompliance Costs
HUD and the EPA enforce these rules. Civil penalties can reach $22,263 per violation, adjusted periodically for inflation.9Legal Information Institute. 24 C.F.R. § 30.65
The bigger exposure often comes from private lawsuits. An owner who “knowingly” fails to comply can be ordered to pay three times the buyer’s or tenant’s actual damages, plus the court may add reasonable attorney fees and expert witness fees on top.1Office of the Law Revision Counsel. 42 U.S.C. § 4852d