Federal regulations require that Landlords who lease residential property which was built prior to 1978 must disclose to the prospective Tenant any information known to the Landlord about lead paint hazards on the property, including any inspection reports. The Landlord must also give the prospective Tenant the Environmental Protection Agency's (EPA) pamphlet entitled "Protect Your Family From Lead In Your Home." A few types of rental property are exempt from this rule. These include short-term leases (less than 100 days), renewals of leases for which disclosure has already occurred, and leases of housing previously inspected and found to be free from lead-based paint. Because the purpose of the rule is to protect children from exposure to lead, the rule also does not apply to leases of housing for the elderly (unless children under six are expected to reside there), or properties in which the living area is not separated from the sleeping area (for example, efficiencies, lofts and dormitories).

It is important to note that this regulation does not require the Landlord to have the property inspected, but only to disclose any information already known. Similar disclosure obligations apply to persons selling a home. In fact, sellers are required to give purchasers a ten-day opportunity to conduct an inspection of the property, at the purchaser's option and cost.

This program provides the required disclosure form at the end of this Lease regarding the Landlord's knowledge of lead paint hazards on the property. In addition to this disclosure form, the Landlord must provide the prospective tenant with the EPA pamphlet described above. This pamphlet may be obtained by contacting the National Lead Information Clearinghouse (NLIC) using any of the following methods:

PHONE 1-(800)-424-LEAD

FAX 1-(301)-585-7976

INTERNET www.epa.gov
Bulk copies of the pamphlet may be ordered from the Government Printing Office by phoning 1-(202)-512-1800. The stock number is 055-000-00507-9 for pamphlets printed in English and 055-000-00537-1 for pamphlets printed in Spanish. In addition, the pamphlets may be photocopied for distribution, as long as the text and graphics are not altered in any way.

The disclosure statement and EPA pamphlet must be provided to each prospective Tenant and each renewing Tenant, but not to existing Tenants. In fact, these obligations also apply to Tenants who sublease the property to yet a third party. Landlords (and subleasing Tenants) who fail to comply with this regulation can face civil and criminal penalties including, potentially, triple damages.

The Landlord, Tenant and any Agent involved in the Lease are required to sign the acknowledgment at the end of the disclosure form. The Federal regulations require that the Landlord must keep the signed acknowledgment form for at least three years as proof of compliance with the rules. For more information, click on the link below.

http://www.epa.gov/lead/pubs/leadpdfe.pdf

Free Lead Disclosure Form below

Disclosure Form