The lead-based paint disclosure form is federally required to be attached to any lease agreement connected to a residential property built prior to 1978. Due to the dangers and hazardous effects lead has to the body, the federal government banned its use. The dangers only arrive when the paint begins to crack and deteriorate. The dust that is released is the main cause of concern as it can do real harm to the human body, especially with children and pregnant women. Therefore, if a tenant of an older residential property finds any cracking or deteriorating walls or ceilings, they should contact the owner to have a certified inspector view the premises.

For Home Sale Transactions – Individuals who are participating in the purchase & sale of residential property should instead carry out the lead-based paint disclosure form for homebuyers.

Lessors/Tenants

Landlords leasing a property that falls under the aforementioned category must furnish any individual interested in renting their property with the following documents before signing the rental agreement:

• Lead-Based Paint Disclosure – Under § 745.113(b) of the U.S. Code, all “targeted housing” must have the following disclosure in the lease agreement:

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

“Targeted housing” is known as all residential housing except for property used for the elderly with disabilities as long as children under the age of six (6) years are not to be staying on the premises. In addition, the landlord does not need to provide this disclosure for leases under one-hundred (100) days (§ 745.101(c)).

• Consumer Pamphlet – As stated in the law quoted above, this EPA approved informational packet must be distributed to any prospective tenants upon entering into a lease agreement. The federal government requires this in order to educate future occupants on the dangers involved with the substance and how to identify it.
• Records of Any Known Lead Hazards – Lessors are obligated to supply all potential tenants with the results of any lead paint testing/inspections that may have been conducted on the property for rent (according to § 745.113(b)(3)).