Lead-Based Paint Disclosure

Federal law requires landlords who lease property constructed before 1978 to disclose the presence of any known lead-based paint hazards and to provide prospective tenants with copies of any records or reports pertaining to any such lead-based paint hazards. Federal law further requires all such landlords to provide prospective tenants with an EPA-approved pamphlet regarding lead-based paint hazards. A sample landlord disclosure form, along with a copy of the EPA-approved pamphlet, is available here. Landlords should ensure that the prospective tenant initials the form to acknowledge that the requisite disclosures were made. In cases when residential property built before 1978 is sold, rather than leased, the seller is also required to provide the buyer with a ten-day opportunity to conduct a lead-based paint risk assessment, although the parties may agree, in writing, to lengthen, shorten, or eliminate the period for inspection.