Lead paint disclosure for landlords and sellers
For owners of homes built before 1978.
If you sell or rent out a home built before 1978, federal law requires you to give lead paint information to buyers and tenants. This page summarizes the general rule and points you to the source.
The short version
Under the federal Real Estate Notification and Disclosure Rule (Section 1018 of Title X), sellers and landlords of most housing built before 1978 must give buyers and renters the EPA pamphlet "Protect Your Family From Lead In Your Home," disclose any known lead-based paint or lead hazards and give them any available records or reports, and include a Lead Warning Statement in the contract or lease.
Selling a pre-1978 home
Buyers must be given a 10-day period to do a lead paint inspection or risk assessment, unless the parties agree in writing to a different period or the buyer waives it. Many buyers use it. Sellers and agents are expected to keep a signed copy of the disclosures for three years after the sale.
Renting a pre-1978 home
Landlords and property managers must provide the same pamphlet, disclosure information, records and Lead Warning Statement before a lease is signed. The federal disclosure rule does not require a landlord to do an inspection, though a renter can ask for one.
Exemptions and local rules
The federal rule has exemptions, including housing built after 1977, housing certified lead-based paint free, and short leases. Cities and counties may have their own rules on top of it. Check with your city or county, and ask an attorney or your agent about your situation.
Where we fit in
We are a referral service. We do not inspect, repair or give legal advice. If you want an inspection or repair, we refer you to a contractor who holds an active California contractor license. Check the license at cslb.ca.gov yourself.
A planning checklist
- Find out the year the property was built (county assessor records usually list it).
- Get the EPA pamphlet "Protect Your Family From Lead In Your Home".
- Gather any existing lead reports or records for the property.
- Use the Lead Warning Statement in the sale contract or lease.
- Give the tenant or buyer the information before they sign.
- Keep signed copies of the disclosures for three years.
- Ask your attorney or agent about local rules.
More guides
Questions
Does the rule apply to every home?
It covers most housing built before 1978, with exemptions. Check the EPA page and talk to an attorney or agent about your property.
Do I have to inspect before I rent?
The federal disclosure rule does not require a landlord to inspect. It requires disclosure of what you know.
Does a buyer have to do an inspection?
No. Buyers get an opportunity, usually 10 days, to do one, and can waive it.
Is there a California-specific rule?
Cities and counties can have their own lead rules. We do not summarize them here. Check with your city or county.
Do you give legal advice?
No. We are a referral service, not a law firm or a government agency.