Lead Paint Disclosure: Which Sales and Leases Need One
The federal lead-paint disclosure is tied to the transaction, not just the house. A pre-1978 home can change hands one way that requires the full disclosure package and another way that requires nothing at all. If you are a seller, landlord, buyer, tenant, or agent trying to answer one question — does this deal need the disclosure? — the answer comes down to what kind of transaction you are doing.
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The rule in one sentence
You must give a federal lead-based paint disclosure whenever you sell, rent, or renew a lease on residential housing built before January 1, 1978, unless the deal fits one of six narrow federal exceptions. The authority is Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X). EPA enforces it under 40 CFR Part 745; HUD enforces the parallel rule at 24 CFR Part 35. The 1978 cutoff exists because that is when residential lead paint was banned — a date we cover in when lead-based paint was outlawed.
Two facts do the heavy lifting: the housing has to predate 1978, and the disclosure has to be delivered before the buyer or tenant is contractually bound. Everything below is a variation on those two points.
Sales versus leases: what each one requires
Both a purchase and a lease of pre-1978 housing trigger disclosure, but the packages differ. A sale gives the buyer a testing window; a lease does not.
| Requirement | Purchase | Lease / rental |
|---|---|---|
| Signed disclosure form with Lead Warning Statement | Yes | Yes |
| EPA pamphlet Protect Your Family From Lead in Your Home | Yes | Yes |
| Any lead records or reports the seller/landlord holds | Yes | Yes |
| 10-day window for the buyer to test at their own cost | Yes | No |
| Records kept for at least 3 years | Yes | Yes |
The 10-day inspection opportunity is the one protection unique to sales. It starts when the disclosure is delivered and can be shortened, extended, or waived only in writing by both parties. Buyers who use it usually order a paint-chip lab test, an XRF surface scan, or a full risk assessment — the tradeoffs are laid out in how to test for lead paint. The EPA pamphlet itself is required delivery in every case, and we break down what it contains in the EPA lead paint pamphlet guide.
The renewal that landlords keep missing
The single most-overlooked trigger is a lease renewal. The disclosure attaches to the lease as a document, not to the tenant. Sign a new one-year term with the same tenant in the same unit, and you owe the form and pamphlet again for that new term. Nothing about the property changing hands matters — a fresh written lease is a fresh obligation.
The narrow relief is month-to-month tenancy that rolls over on its own. An automatic monthly continuation with no signed renewal document does not restart the clock each month. But the moment those parties sign a new fixed-term lease, disclosure is due again.
Foreclosures and bank-owned resales
Foreclosure sits in a partial-exemption zone that trips people up. The step where the foreclosing lender acquires the property is exempt. The step where that lender later resells it is not. Most foreclosed homes reach new owners through the lender’s REO (real-estate-owned) inventory, and those resales are ordinary purchases — full package, pamphlet, form, records, and 10-day window included. The exemption covers only the auction acquisition itself, which is a small slice of how foreclosed housing actually trades.
HUD-assisted and federal housing programs
HUD programs layer extra steps on top of the Title X baseline. HUD-assisted multifamily properties, Section 8 Housing Choice Voucher units, and FHA-insured purchases still deliver the standard disclosure, but the program tier can also require a lead-paint inspection or risk assessment and, in some cases, hazard control before a child moves in. Treat the federal disclosure as the floor, not the ceiling, in any subsidized or insured deal.
The six exceptions that actually apply
The federal exception list is exhaustive. Disclosure is not required only when a transaction fits one of these:
- Housing built in 1978 or later.
- Zero-bedroom dwellings — studios, lofts, efficiencies, and dormitories where sleeping and living space share one room.
- Leases of 100 days or less with no possibility of renewal (short-term and vacation rentals).
- Housing a certified inspector has documented as lead-free.
- The lender’s foreclosure-acquisition step (only that step).
- Federally designated housing for the elderly or persons with disabilities, where no child under six is expected to live.
If a deal does not match one of these, disclosure is required. There is no general small-transaction, low-price, or private-party carve-out.
Three things that are not exceptions
People regularly assume these skip the rule. None do:
- “As-is” sales. Selling a house as-is waives repairs, not federal disclosure. The pamphlet, form, records, and 10-day window all still apply, and contract language purporting to waive the disclosure is unenforceable.
- Sales between family members. A pre-1978 home sold to a relative follows the same rule as an arm’s-length sale.
- Renovated condos. The building’s age controls, not the finishes. A gut-renovated unit in a pre-1978 building still triggers disclosure.
If anyone claims one of these is exempt, ask for the federal citation. There isn’t one. For how this rule sits alongside abatement duties and the EPA Renovation, Repair, and Painting rule for contractors, see our pre-1978 lead and asbestos hazard guide.
Timing and penalties
Delivery has to happen before the buyer or tenant is bound — before the purchase agreement, before the lease, before the renewal document is signed. Handing over paperwork at closing, after move-in, or after a renewal term begins does not satisfy the rule, no matter how complete the package is. EPA and HUD investigate both consumer complaints and brokerage transaction files, and civil penalties run into the tens of thousands of dollars per violation under a schedule EPA adjusts annually for inflation. Sellers, landlords, and any agent involved share that liability.
Why the paperwork carries this weight: lead is a documented childhood neurotoxin, and the CDC’s blood lead reference value is 3.5 micrograms per deciliter, with no level considered safe. The disclosure exists so a household knows to look before, not after, a child is exposed.
Front Range note
Colorado has no state disclosure rule that replaces Title X, so the federal standard governs every qualifying transaction along the Front Range. The practical wrinkle here is housing stock: pre-1978 homes concentrate in older Denver, Boulder, and Fort Collins neighborhoods, where a large share of purchases and rentals do fall under the rule — while newer suburban construction often does not.
This page summarizes federal EPA and HUD disclosure requirements current as of 2026; consult a real estate attorney for unusual deal structures and a certified lead professional for testing. Front Range buyers, sellers, and landlords with pre-1978 property can reach a vetted inspector to coordinate disclosure timing and the 10-day window.
Lead paint test kits
Instant swab kits flag lead on painted surfaces in minutes — useful before a renovation in any pre-1978 home.
| Product | Why | Buy |
|---|---|---|
 3M LeadCheck Swabs | EPA-recognized instant swabs. | Amazon — $199.00 |
 Lead Test Kit (lab-based) | Mail-in for a documented result. | Amazon — $150.00 |