Lease disclosure requirements are the facts a landlord must put in writing and hand to a prospective tenant before the lease is signed. Federal law requires only one: a lead-based paint disclosure for housing built before 1978. Every other disclosure comes from state or local law, and the list varies by where the property sits. The categories to check are environmental and health hazards, security deposit handling, utility billing, parking and smoking policies, and certain facts about the property’s history.
The One Federal Requirement: Lead-Based Paint
If the rental unit was built before 1978, 42 U.S.C. § 4852d applies, no matter which state the property is in.1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property The rule exists because lead paint was common in residential construction through the mid-twentieth century, and deteriorating paint or renovation dust can cause serious neurological harm, especially in young children and pregnant women.
Before the lease is signed, the landlord has to do four things:
- Disclose any known lead-based paint or lead hazards in the unit, including results from any prior inspections or risk assessments.
- Hand over copies of any reports or records the landlord has about lead in the building.
- Give the tenant the EPA pamphlet Protect Your Family From Lead in Your Home. The EPA released an updated 2026 version reflecting new dust-lead action levels effective January 12, 2026; landlords using an older copy can comply by attaching a supplement with the updated information.2US EPA. Protect Your Family from Lead in Your Home (English)
- Include a Lead Warning Statement in the lease itself, along with the landlord’s disclosure of known hazards or a statement that none are known.
The lease also needs a signed tenant statement confirming receipt of the pamphlet and the disclosure. Both parties and any agents sign and date the form, and the landlord keeps a copy for at least three years after the lease begins.3eCFR. 24 CFR 35.92 – Certification and Acknowledgment of Disclosure
One point renters often misunderstand: the 10-day inspection window built into the federal rule is a buyer’s right, not a tenant’s. A renter can ask the landlord to arrange a lead inspection, but the landlord is not required to provide one.4US EPA. Real Estate Disclosures About Potential Lead Hazards
The penalty side of this rule is why landlords take it seriously. Civil fines are adjusted annually for inflation and now exceed $21,000 per violation.5Environmental Protection Agency. Amendments to the EPA Civil Penalty Policies to Account for Inflation A tenant harmed by an undisclosed lead hazard can also recover three times their actual damages under § 4852d(b)(3).1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property The EPA notes that proper disclosure often reduces a landlord’s exposure, because tenants who know the risks can take precautions that prevent exposure in the first place.6US EPA. Does the Real Estate Notification and Disclosure Rule Increase My Liability for Future Lead Poisoning on My Property
State-Added Disclosures to Check Locally
Everything beyond lead paint depends on state and local law. The categories below are the ones most likely to apply; whether any specific requirement is on the books where your property sits is a question for state statute or a local landlord-tenant resource.
Environmental and Health Hazards
Several states address mold and dampness through landlord-tenant law or housing codes, typically requiring disclosure of known mold problems or prior remediation. Even where no explicit disclosure statute exists, concealing a known mold issue can create liability under general habitability standards. Keeping remediation certificates and invoices gives you a verifiable timeline.
Only a handful of states require landlords to share radon test results or inform tenants of known radon conditions. The gas is naturally occurring, can accumulate in any building regardless of age, and is linked to lung cancer; the only way to know whether a unit has elevated levels is to test for it.
Roughly a dozen states, as of late 2025, require disclosure that a property sits in a designated flood zone or has a history of flood damage. Some laws focus on the FEMA map designation, others on whether the unit has actually flooded, and some cover both.
A growing number of states and municipalities require disclosure of known bed bug infestations or recent bed bug history. Some demand disclosure of any infestation within the past year; others require the landlord to confirm the unit is bed-bug-free at move-in. Where no specific law exists, concealing a known infestation can still breach the implied warranty of habitability.
For buildings constructed before 1981, asbestos may be present in insulation, floor tiles, pipe wrapping, and other materials. The EPA does not require removal, but some states require disclosure of known or suspected asbestos. Intact, undisturbed asbestos generally poses no immediate risk, which is precisely why the tenant needs to know not to disturb it.
Security Deposit Handling
Many states require the landlord to tell the tenant where the deposit is being held, usually by providing the name and address of the bank or financial institution within 30 days of receiving the funds. Some states go further, requiring a separate interest-bearing account and annual interest payments to the tenant.
The penalty for skipping this notice tends to be more painful than landlords expect. In many jurisdictions, failing to provide the required notice forfeits the landlord’s right to keep any portion of the deposit at move-out, regardless of actual damage. Some states add statutory damages on top of returning the full balance.
Utility Billing on Shared Meters
When a property uses master metering or shared utility systems, several states require the landlord to disclose exactly how costs will be divided. The disclosure has to spell out the allocation formula, whether that is square footage, number of occupants, unit type, or something else. Total charges collected from all tenants cannot exceed what the utility actually bills for the building. The allocation method must appear in the lease or a written attachment before the tenant signs.
Parking, Towing, and Smoking Policies
Some states require landlords with vehicle towing or parking rules to provide those rules in writing before the lease is signed, with a tenant signature acknowledging them. This heads off the common dispute over a car towed under a policy the tenant denies knowing about.
A smaller but growing group of jurisdictions requires written disclosure of smoking policies: whether smoking is permitted anywhere on the property, whether designated areas exist, and in some cases whether known tobacco or nicotine residue remains from prior occupants. Where marijuana has been legalized, some local ordinances extend these rules to cannabis.
Property History
Death disclosure laws vary widely. Some states require the landlord to disclose any death that occurred in the unit; others limit the requirement to violent deaths or deaths within a set number of years; a few explicitly say no disclosure is required. Where a duty exists, it often applies only if the tenant asks directly.
Sex offender registry information is publicly available in every state under Megan’s Law, but the landlord’s role differs. Some states require the lease to include a notice that the registry exists and explain how to access it. Others place no duty on the landlord, leaving the check to the tenant.
Preparing and Delivering the Disclosures
The federal lead paint pamphlet is free to download from the EPA. The 2026 edition is current, and older copies can be supplemented rather than replaced.7US EPA. Protect Your Family from Lead in Your Home – Real Estate Disclosure The disclosure form itself is a one- or two-page lease attachment containing the Lead Warning Statement, the landlord’s disclosure of known hazards, and signature lines.
For state disclosures, standardized forms are often available through state real estate commissions, housing departments, or landlord-tenant resource pages. Using the official template is generally safer than drafting your own, because it is built to cover every required field. If your state does not publish a form, a clearly labeled lease addendum covering the required information works.
Timing is strict. Every disclosure has to reach the tenant before the lease is signed; the whole point is to let the tenant make an informed decision. Handing someone a disclosure after they have committed defeats the purpose and, for lead paint, violates federal law.1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property Electronic signature platforms that timestamp delivery and acknowledgment create a clean record of what the tenant got and when.
Get a signed acknowledgment on every disclosure. Federal law requires a tenant signature confirming receipt of both the landlord’s lead disclosure and the EPA pamphlet.3eCFR. 24 CFR 35.92 – Certification and Acknowledgment of Disclosure State disclosures vary in format, but a signature or initials on the disclosure document is standard. Keep every signed disclosure for at least three years. That paperwork is the primary defense if a tenant later claims they were never told.
What Non-Disclosure Costs
Federal lead paint violations are the most expensive mistake, with fines over $21,000 per violation and treble damages to any harmed tenant.1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property State penalties are generally lower in dollar terms but still real. The most common is loss of the right to retain any part of the security deposit, which can cost thousands when there is legitimate damage to repair.
A landlord who conceals a known hazard also faces tort liability independent of any disclosure statute. A tenant injured by a condition the landlord knew about and hid can sue for actual damages, including medical costs, lost wages, and pain and suffering. Courts in most jurisdictions treat deliberate concealment as a serious breach of the landlord’s duties, and some allow punitive damages when the concealment was willful.