Lead Paint Rules for Older Rentals: Disclosure, Records and Repairs

LearnFacts checked November 8, 2026Reviewed by Gary E. Wilson, President and Designated Broker

Does the rule apply to your rental?

The federal disclosure rule covers "target housing," which 40 CFR 745 subpart F defines as housing built before 1978. HUD's matching rule at 24 CFR 35 subpart A has the same requirements. The year built on county records or your purchase file is usually the first thing a manager checks.

Some pre-1978 housing and some leases are outside the rule:

• Housing for the elderly or for persons with disabilities, and 0-bedroom units such as studios and single rooms, unless a child under 6 lives there or is expected to.
• Homes a certified inspector has found free of lead-based paint.
• Short-term leases of 100 days or less, where no renewal or extension can occur.
• Renewals of an existing lease, when you already made the full disclosure and have no new information since.

What you must do before the lease is signed

Under 40 CFR 745.107 and 745.113, these steps happen before the tenant is obligated under the lease:

• Give the tenant an EPA-approved pamphlet, such as Protect Your Family From Lead in Your Home.
• Disclose any lead-based paint or lead-based paint hazards you know about, with details such as where they are and the condition of the painted surfaces.
• Hand over any records or reports you have, including reports on common areas.
• Include the Lead Warning Statement in the lease or as an attachment, in the same language as the lease.
• Add your statement of what you know (or that you have no knowledge), a list of reports provided, the tenant's acknowledgment, and dated signatures. Any agent involved also signs.

Records, agents and what the rule does not require

You and any agent must keep a copy of the completed disclosure, or the lease containing it, for at least 3 years from the start of the leasing period. Many managers simply keep it with the signed lease for the life of the tenancy and longer.

A property manager who leases the home for you counts as an agent. Under 40 CFR 745.115, the agent must tell you about your obligations and make sure the steps are done. Anyone who knowingly fails to comply can face civil penalties and can be liable to the tenant for 3 times the damages.

The disclosure rule does not make you test for lead or remove it. The regulation says it creates no duty to do an evaluation or reduction. What it requires is honest disclosure of what you know and the reports you have.

Repairs and remodels: the lead-safe work rule

A second federal rule, 40 CFR 745 subpart E, covers renovation, repair and painting done for pay in pre-1978 housing. It requires certified firms, certified renovators and lead-safe work practices. Before most jobs in a rented unit, the firm must give the Renovate Right pamphlet to the owner and to an adult occupant, no more than 60 days before work begins.

Owners sometimes assume this rule is only for contractors. EPA's Small Entity Compliance Guide says rent counts as compensation, so renovations by landlords or their employees are covered. The rule's homeowner exception is for people working on their own home, not a home they rent out.

Small jobs can fall outside the rule. Minor repair and maintenance that disturbs 6 square feet or less of painted surface per room inside, or 20 square feet or less outside, is excluded, as long as the work avoids prohibited practices and does not involve window replacement or demolition of painted surfaces.

Extra steps in duplexes and small buildings

Buildings with more than one unit add two wrinkles. At leasing, the records you must hand over include reports on common areas, and reports on other units when they were part of an evaluation of the whole building.

For paint-disturbing work in hallways, stairways or other shared spaces, the federal rule asks the firm to notify each affected unit in writing, or to post signs while the work goes on, and to make the pamphlet available. Keeping copies of those notices with the job file makes later questions easy to answer.

Washington runs its own program

EPA lists Washington among the states authorized to run their own renovation, repair and painting program in place of the federal one. Here that program is run by the Washington State Department of Commerce, which certifies firms and individuals and enforces lead-safe practices.

Under WAC 365-230-360, no firm may perform, offer or claim to perform covered renovations for pay without certification from the department, and a certified firm must use certified individuals. Firm certification lasts five years. When you hire a painter or contractor for a pre-1978 rental, ask for the state certification, not just an EPA card.

How a property manager usually handles lead rules

A careful manager builds lead steps into two routines. At leasing, the year built is checked, the pamphlet and disclosure form go into the lease packet, and the signed copy is filed. During the tenancy, any job that may disturb paint goes to a certified firm, and the firm's notices and records are kept with the property file.

Wilson Management's Owner FAQ says you are told the details before damage repairs begin and asked for permission. For how repair work is coordinated, see property maintenance services. For the other disclosures a Washington lease needs, see Washington lease requirements.

Building age also shapes which property type fits you. Older duplexes and fourplexes often mean more painted surfaces and shared areas, which the single-family vs small multifamily guide weighs. If you are selling a pre-1978 rental, buyers get their own disclosure and a 10-day chance to test; see selling a tenant-occupied rental.