Lead-Based Paint Disclosure Requirements Every Landlord Should Know in 2026

By Bobbye Joe McMillan

Bobbye Joe McMillan is the driving force behind Cornerstone Property Management, bringing over 30 years of expertise in real estate to help clients achieve their property goals.

As a landlord, ensuring your tenants’ safety is your top priority. But did you know that properties built before 1978 may carry a hidden risk that could lead to legal penalties if not addressed?

Lead-based paint exposure poses serious health risks, especially to children and pregnant women. In 2026, the requirements for disclosing lead-based paint hazards are still in place, and understanding your obligations is essential.

Here’s what you need to know.

Why lead-based paint disclosure is important. Landlords have a legal obligation to disclose the presence of lead-based paint or related hazards if a property was constructed before 1978. This disclosure is mandatory even if you are unaware of any lead paint on the premises. Lead-based paint poses serious health risks, particularly to young children, causing developmental and neurological damage. Adhering to these disclosure requirements not only protects your tenants from danger but also minimizes your legal exposure as a landlord.

Legal requirements for disclosures. You must provide tenants with a Lead-Based Paint Disclosure Form before signing a lease agreement. Both you and the tenant need to sign this form, acknowledging the potential presence of lead-based paint. In addition, landlords are required to give tenants a copy of the EPA pamphlet titled “Protect Your Family from Lead in Your Home.”

Even if you’re unaware of any lead-based paint in your property, the disclosure must still be made. Failing to provide these documents can result in legal consequences and financial penalties.

Proper documentation is critical. Document all lead-based paint disclosures and retain records for at least 3 years, as required by law. This documentation should include the signed disclosure form and a receipt from the tenant acknowledging they received the EPA pamphlet. Proper documentation is your safeguard in case of disputes or inspections.

Failure to keep accurate records could expose you to unnecessary legal issues, including fines or tenant lawsuits. It’s important to stay organized and keep all your disclosure-related documents accessible.

What to do if lead-based paint is found. If you discover lead-based paint in your rental property, you’re responsible for informing the tenants. You will also need to take action to ensure their safety. This might involve hiring a certified lead abatement contractor to remove or seal the paint. In some cases, lead-safe repairs and maintenance can be conducted instead of full removal.

Regardless of the approach, it’s essential to follow EPA guidelines for managing lead-based paint hazards to ensure compliance with legal requirements and protect your tenants.

Staying compliant with lead-based paint disclosure requirements is vital for responsible property management. It protects tenant health and shields you from legal and financial risks. Following these steps ensures your properties are safe, tenants are informed, and your business remains compliant with all 2026 regulations.

If you’re unsure about lead-based paint disclosure requirements or need help with managing your rental properties, get in touch today for a free consultation and expert assistance with all your property management needs. Let’s work together to make sure your rental business thrives in 2026 and beyond!