For most housing built before 1978, federal law requires the lessor, before the lease takes effect, to give the tenant the EPA pamphlet Protect Your Family From Lead in Your Home, to disclose any known lead-based paint or lead-based paint hazards and provide available records and reports, and to include a Lead Warning Statement in the lease with the parties’ signed confirmation — then to keep the signed disclosure for three years (EPA). The rule does not apply to zero-bedroom units, leases of 100 days or less, housing for the elderly or disabled without a child under six, housing certified lead-free by an inspector, or housing built after 1977.
The four elements
| Element | What to do | Evidence |
|---|---|---|
| Pamphlet | Give the current EPA pamphlet before the lease takes effect | Tenant’s initials and date on the disclosure form |
| Disclosure | State what you know: presence of lead-based paint or hazards, or “no knowledge”; list available reports | The disclosure form |
| Records | Provide any inspection, risk assessment or abatement reports you hold | Copies attached; tenant’s initials |
| Warning statement | The prescribed Lead Warning Statement in the lease or addendum, in the language of the lease | Signatures of lessor and lessee |
Doing it in the signing packet
- Confirm the year of construction from the appraisal record; “pre-1978” includes 1977.
- Print the disclosure form and the pamphlet; complete the known-information section honestly — “no knowledge” is a lawful answer when true.
- Have the tenant initial each element and sign; sign as lessor; date both before the lease takes effect.
- Attach the form to the lease and give the tenant a copy with the lease under Texas Property Code §92.024.
- File the signed original for three years from the start of the lease (EPA).
Renovation and repair
Disclosure is only the leasing rule. Work that disturbs painted surfaces in pre-1978 housing is governed separately by EPA’s renovation, repair and painting rule — certified firms and lead-safe practices — so a contractor sanding a pre-1978 window frame needs the certification, and the invoice should say so. The lead records guide covers filing.
Frequently asked questions
Which rentals need a lead disclosure?
Most housing built before 1978, before the lease takes effect; exemptions include zero-bedroom units, leases of 100 days or less, elderly or disabled housing without a child under six, and housing certified lead-free (EPA).
What if the landlord has no information about lead?
Disclose that no information is known; the duty is to give the pamphlet, disclose what is known, and include the warning statement — not to test (EPA).
How long must the signed disclosure be kept?
Three years after the lease begins (EPA).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- EPA — Real estate disclosures about potential lead hazards (lessor requirements) ↗
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- HUD — Lead-based paint (Office of Lead Hazard Control and Healthy Homes) ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.