The Lead-Based Paint Disclosure You’re Probably Ignoring (But Shouldn’t)
If you own a rental property built before 1978 and you’re not disclosing lead-based paint risks to your tenants, you’re not just being forgetful—you’re breaking federal law. Let’s fix that before it blows up in your face.
Why 1978 Is a Big Deal
Before 1978, lead was a go-to ingredient in paint. It made paint stronger and longer-lasting. But here’s the problem: it’s also poisonous. Lead exposure, especially in kids, can cause serious issues—behavioral problems, developmental delays, seizures, and even death. Lead paint was banned in 1978, making all the housing built prior to then potentially harboring lead paint.
How Lead Gets Into the Body
Wondering how people even ingest paint? No, it’s not just toddlers munching on the windowsills. Old paint flakes, turns to dust, or gets disturbed during repairs. That dust settles on floors, toys, and hands. Little kids are on the ground constantly—and when they put stuff in their mouths (which they all do), the lead goes right in. It’s dangerous, it’s real, and it’s your job to prevent it.
What the Law Says You Must Do
In 1992, the Residential Lead-Based Paint Hazard Reduction Act went into effect. It says that if your property was built before 1978, you must give every single tenant—or buyer—a lead-based paint disclosure. Period. No loopholes.
The EPA and HUD are in charge of enforcing it. And they don’t play. If you’re not in compliance, they can bring the hammer down with big fines.
Understanding the Disclosure Form
The form asks, Was the property built before 1978? Yes or No.
No guessing, no excuses. If any part of the building was built before 1978, the answer is yes.
Next, if the answer is yes, you must disclose any known information about the presence of lead-based paint or hazards. If you know something, you’ve got to say something. If you don’t know anything and weren’t provided any reports from the previous owner, you just say you don’t have any knowledge or reports.
Ways You Might Know About Lead Hazards
Here’s how you might know there’s lead-based paint at your property:
The previous owner told you or gave you a report.
You had a lead inspection done and got a report.
You did a DIY test and it came back positive.
And here’s the kicker: once you know, you can’t un-know. You’re now legally obligated to disclose it forever.
If your building was constructed before 1978, save yourself the guessing game and just assume it’s got lead-based paint. That’s what we do. We train our team to handle paint safely—using drop cloths, avoiding power sanders, and keeping the air clean.
Doing it right doesn’t cost much more, and it’s way cheaper than dealing with a lawsuit or federal fine. Plus, if you test and find lead, congrats—you now have a permanent disclosure requirement.
Why This Matters (Even If No One’s Complaining Yet)
Think this isn’t a big deal? Think again. The second a tenant has a problem with you and talks to a lawyer, this will come up. If your disclosure form isn’t on file, you’ve handed them free leverage.
They’ll use it to push you into doing what they want—or worse, they’ll turn it into a formal complaint. Now you’ve got the EPA or HUD breathing down your neck. And they don’t just send you a warning—they send fines and paperwork and a whole lot of stress.
What You Should Do Right Now
Time to handle business:
Review every lease you’ve got
Make sure all pre-1978 properties have signed lead-based paint disclosures
Missing one? Fix it immediately
Add the form to your leasing process so it never gets skipped again
Be the landlord who’s ahead of the game—not the one learning the hard way in front of a judge.
I’m PM Jen, the—landlord educator, real estate investor, and your favorite straight-talker in the buy-and-hold game. Hold It With PM Jen exists to help real estate investors protect their assets, grow their cash flow, and stop spinning their wheels.
Our mission is simple: help you hold properties smarter, longer, and with way less bullshit. Whether you're new to real estate or knee-deep in it, I’m here to help you hold strong and grow big.