Landlord disclosure requirements are the facts a landlord must put in writing before a tenant signs a lease. One rule is federal and applies almost everywhere: if the housing was built before 1978, the landlord has to disclose lead-based paint information. Everything else is state or local, and the list is long: mold, radon, asbestos, meth history, bed bugs, flood risk, where the security deposit is held, non-refundable fees, move-in condition, management contact information, utility billing, smoke and carbon monoxide detectors, foreclosure status, and the sex offender registry. Skipping a required disclosure can cost a landlord the right to enforce a lease term, allow the tenant to break the lease, or trigger fines reaching into six figures for the federal lead rule.
The Federal Lead-Based Paint Rule
This is the one disclosure obligation that reaches almost every residential landlord in the country. The Residential Lead-Based Paint Hazard Reduction Act applies to any rental housing built before 1978.1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
Before the lease becomes binding, the landlord has to do four things:
- Disclose any known lead-based paint or lead hazards in the unit and common areas, and share any test results, inspection reports, or risk assessments on file.
- Give the tenant a copy of the EPA pamphlet Protect Your Family From Lead in Your Home, or an equivalent state-approved version.
- Include the required Lead Warning Statement in the lease, in the specific language set out at 24 CFR Part 35.2eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property
- Have both parties sign and date a disclosure form confirming the information was provided.
A few pre-1978 properties fall outside the rule. Zero-bedroom units like studios and dormitories are exempt unless a child under six lives or will live there. Housing designated for the elderly or persons with disabilities gets the same treatment. Short-term rentals of 100 days or fewer are exempt, as are units a certified inspector has tested and found free of lead-based paint.3U.S. Environmental Protection Agency. Real Estate Disclosures About Potential Lead Hazards
The penalties are the reason this disclosure gets taken seriously. A knowing violation carries civil penalties of up to $37,500 per violation under the Toxic Substances Control Act, and each day of non-compliance can count as a separate violation.4Office of the Law Revision Counsel. 15 USC 2615 – Penalties A tenant who suffers harm can also sue and recover up to three times their actual damages.1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property On a multi-unit building, a single oversight can translate to six-figure liability.
Health and Environmental Hazards
Beyond lead paint, states layer on their own disclosure rules for environmental and health risks. The content varies, but the categories recur.
Mold
A handful of jurisdictions require landlords to disclose known mold contamination before signing, and some require disclosure of past mold problems that have been remediated. Most states have no specific mold statute, but a landlord who knows about serious mold and conceals it can still face liability under general fraud or habitability doctrines.
Radon
Several states require disclosure of known radon hazards, particularly for lower-floor units where concentrations run highest. The disclosure usually includes a warning statement and any available test results, and some states also require landlords to hand over a state-published radon information pamphlet.
Asbestos and Meth Contamination
Some states require disclosure of friable asbestos (the crumbly type that releases fibers) or that a property was previously used as a methamphetamine lab. Meth-contaminated properties generally need certified cleanup before they can be re-occupied, and the disclosure obligation keeps that history on the record even after remediation.
Bed Bugs
A growing number of cities and states require disclosure of recent bed bug infestation history. Some rules cover only the specific unit; others require building-wide data, often for the previous year.
Penalties for concealing a health or environmental hazard run from modest fines to misdemeanor charges, depending on the jurisdiction and the severity of the hazard. A tenant who discovers an undisclosed hazard after moving in may be able to break the lease, recover moving costs, or sue for damages.
Flood Risk
There is no federal flood disclosure requirement for residential rentals. As of late 2025, roughly a dozen states have enacted their own, and the number has been climbing.
Among those states, most require disclosure of whether the unit sits in a FEMA-designated floodplain. A smaller group also requires the landlord to share the property’s flood damage history or provide information about flood insurance. In at least one state, a landlord’s failure to disclose flood risk lets the tenant terminate the lease and recover losses if flooding occurs.
Even in states with no specific statute, a landlord who knows a property floods repeatedly and stays quiet can face liability under general disclosure doctrines. The practical point for tenants in flood-prone areas is to ask directly and check FEMA’s flood map tool, because landlord disclosure alone is not a reliable safeguard everywhere.
Security Deposits, Fees, and Application Charges
Security deposit handling is one of the most heavily regulated parts of landlord-tenant law. Roughly 20 states require landlords to disclose where the deposit is being held, typically through written notice within 30 days of receiving it. The notice generally has to include the name and address of the bank or institution and whether the account earns interest.
In states that require interest on deposits, the landlord also has to disclose the applicable rate and explain how the interest will be credited: offset against rent, paid annually, or returned with the deposit at move-out. The rate is often tied to a formula based on bank savings rates or Treasury yields rather than fixed at a specific percentage.
The teeth here are real. In many jurisdictions, a landlord who skips the deposit disclosure loses the right to make any deductions, meaning the full deposit has to come back regardless of damage. Some states let the tenant recover double or triple the deposit amount for a disclosure violation.
Non-Refundable Fees
Cleaning fees, pet fees, administrative fees, and similar move-in charges are separate from the security deposit and typically non-refundable. A growing number of states require landlords to identify which charges are non-refundable before the tenant pays them. The Federal Trade Commission issued an advance notice of proposed rulemaking in March 2026 to explore a federal rule requiring landlords to clearly disclose the nature, amount, and refundability of all fees charged outside of rent.5Federal Trade Commission (via GovInfo). Advance Notice of Proposed Rulemaking: Unfair or Deceptive Rental Housing Fee Practices As of mid-2026, this remains a proposal, not an enforceable rule.
Application Fees
Several states cap application fees or require them to reflect actual screening costs; a few prohibit them entirely. Where caps exist, they generally run from $25 to $50. In states without a cap, charging application fees without upfront disclosure can still run into consumer protection statutes. The FTC’s proposed rule would also cover application and screening fee disclosures if finalized.
Move-In Condition Reports
Around 17 states require landlords to provide a written move-in inspection checklist documenting the unit’s condition before the tenant takes possession. The document protects both sides. It gives the tenant proof of pre-existing damage they should not be charged for, and it gives the landlord a baseline for assessing damage at move-out.
HUD treats move-in and move-out inspections as standard practice in the rental industry and publishes a standardized form (HUD-90106) for landlords and tenants to walk through the unit together, noting the condition of floors, walls, appliances, and fixtures.6U.S. Department of Housing and Urban Development. Appendix 5: Move-In/Move-Out Inspection Form (Form HUD-90106)
Even where state law does not require one, completing a condition report is strongly advisable. Deposit disputes are among the most common landlord-tenant conflicts, and a signed condition report at move-in is the single strongest piece of evidence either party can bring to court.
Owner Identification and Utility Billing
Most states require landlords to disclose who manages the property and who is authorized to receive legal notices on behalf of the owner. A tenant who needs emergency repairs or wants to serve a formal complaint needs a reliable address and name. Many states require the information to be updated promptly (often within 15 days) if ownership or management changes during the tenancy.
When a rental uses a single utility meter for multiple units, many jurisdictions require landlords to disclose how costs will be divided before the lease is signed. This matters most under ratio utility billing, where each tenant’s share is calculated from unit square footage, occupancy, or another formula rather than individual metered usage. The disclosure needs to explain the specific allocation method so the tenant can estimate monthly costs. In some jurisdictions, a landlord who fails to disclose the billing arrangement cannot collect utility charges from the tenant at all.
Smoke and Carbon Monoxide Detectors
Nearly every state requires working smoke detectors in rental units, and most require carbon monoxide detectors as well. A smaller number of states require landlords to provide written certification that the devices are installed and functional at the start of each tenancy. Even without formal certification, habitability law generally obligates landlords to ensure safety equipment works when a new tenant moves in. A tenant who finds a non-functional detector should put the notice in writing immediately, because that record can matter significantly if something goes wrong later.
Foreclosure Status
The federal Protecting Tenants at Foreclosure Act does not require a landlord to disclose an active foreclosure before signing a new lease. It instead protects tenants after foreclosure occurs: a new owner who acquires property through foreclosure has to honor any bona fide lease through its remaining term and give tenants without a lease at least 90 days’ notice before requiring them to vacate.7Federal Deposit Insurance Corporation. Protecting Tenants at Foreclosure Act of 2009
Some states fill the pre-lease gap by requiring landlords to disclose active foreclosure proceedings before a new lease is signed. Where those laws exist, concealing a foreclosure typically gives the tenant grounds to terminate the lease without penalty or seek relocation assistance. Even in states without a specific statute, signing a new tenant to a long-term lease while knowing the property is heading to auction raises serious fraud concerns. A tenant with suspicions can check public court records or county recorder filings before committing.
Sex Offender Registry Notice
Several states require the lease to include a notice telling the tenant they can check the state’s sex offender registry. The landlord is not usually required to research the registry or report specific offenders in the area, only to point to its existence. It is a low-effort disclosure, but omitting it in a state that requires it can create lease enforceability problems. The registry itself is public in every state through the National Sex Offender Public Website.
What Happens If You Skip a Required Disclosure
The consequence depends on which disclosure was missed and which law governs. At the milder end, a landlord loses the right to enforce a particular lease provision; the deposit example above is typical, where failure to disclose the deposit’s location means no deductions can be taken. At the more serious end, the tenant may be able to void the lease, recover actual damages, or collect statutory penalties.
Federal lead paint violations carry the biggest numbers, because per-violation fines combine with treble damages. State-level disclosure fines generally run from a few hundred to several thousand dollars per violation, with repeat offenses or egregious concealment of health hazards escalating to misdemeanor charges that can carry jail time.
Two practical habits cover most of the risk on both sides. A landlord should keep a jurisdiction-specific disclosure checklist and refresh it each year, because the state and local landscape shifts regularly. A tenant should request every required disclosure in writing before signing and keep copies. A disclosure that was made but not documented is the same as one that was never made at all once a dispute reaches court.