What Do You Do If Your Rental Has Lead?

If your rental was built before 1978 and has known or presumed lead paint, federal law requires four things before every new lease: give the tenant EPA's lead pamphlet, disclose what you know about lead in the unit, hand over any lead reports, and attach a signed Lead Warning Statement, then keep that paperwork for 3 years. Any paid repair that disturbs more than a small patch of paint must be done by an EPA lead-safe certified firm, and that includes work you do yourself. Deteriorated lead paint should be fixed with interim controls or abatement, and you cannot refuse to rent to families with children because of it.

What must you give a tenant before the lease?

The federal lead disclosure rule covers housing built before 1978. Before the tenant is bound by the lease:

1. Give the pamphlet "Protect Your Family From Lead in Your Home," or an EPA-approved state version.
2. Disclose what you know about lead-based paint and lead hazards in the unit and the building, including where the paint is and the condition of painted surfaces.
3. Hand over all available records and reports, including building-wide reports that cover common areas and other units.
4. Attach the Lead Warning Statement to the lease, in the same language as the lease. EPA's sample Lessor's Disclosure form has the required wording and signature lines for you, any agent, and the tenant.
5. Keep the signed form for at least 3 years after the lease begins.

If you deliver these electronically, the tenant must consent first. The rule does not apply to housing built after 1977, leases of 100 days or less that cannot be renewed, and housing certified free of lead-based paint. Zero-bedroom units and senior or disability housing are exempt unless a child under 6 lives or is expected to live there. A renewal with the same tenant needs a new disclosure only if you have learned something new, such as a new test report. Whether to test, and which test to order, is covered in should you test for the presence of lead. Some states add their own forms; the Massachusetts version is explained in Massachusetts lease disclosures.

Who can do repairs that disturb lead paint?

EPA's Renovation, Repair and Painting rule (the RRP rule) covers paid work that disturbs painted surfaces in pre-1978 housing, such as sanding, scraping, removing building parts, and replacing windows. EPA says the rule reaches landlords who work on their own rentals:

Minor repair and maintenance is exempt when it disturbs 6 square feet or less of painted surface per room inside, or 20 square feet or less outside. The exemption also requires avoiding EPA's prohibited or restricted work practices, such as power sanding without dust containment and a high-efficiency particulate air (HEPA) vacuum attachment. Count nonemergency jobs in the same room within 30 days as one job. Window replacement and demolition of painted surfaces are never minor, whatever the size.

Before work in an occupied unit, the firm must give you and an adult occupant the "Renovate Right" pamphlet no more than 60 days before the job starts, and get a signed receipt or mail it at least 7 days ahead. For common areas, every affected unit gets a written notice or a posted sign describing the work and its dates.

Interim controls or abatement?

Both deal with lead hazards, but they last different lengths of time:

• Interim controls reduce exposure temporarily: paint stabilization (repairing the surface under failing paint, removing loose paint, and repainting), specialized cleaning, repairs, and temporary containment. They need ongoing monitoring, and the paint stays in place.
• Abatement is designed to permanently eliminate lead-based paint or its hazards. It must be done by a certified abatement contractor, and the job is not complete until dust testing shows levels below EPA's action levels: 5 micrograms per square foot on floors, 40 on window sills, and 100 on window troughs.

A certified risk assessor can recommend which approach fits each surface. State rules can set the choice for you. Maryland requires a passing lead dust test before every new tenancy in covered pre-1978 rentals unless the property is certified lead-free; see Maryland repair and lead duties. Massachusetts requires owners to remove or cover dangerous lead where a child under 6 lives.

What about lead water service lines?

The disclosure form covers paint, but lead also reaches tenants through water. Lead service lines, the pipes that connect a building to the water main, are more likely in older cities and homes built before 1986. Brass faucets and lead solder are the most common sources in homes without one.

1. Ask your water utility whether the line serving your building is lead. If it does not know, a licensed plumber can check.
2. Ask about replacement. EPA's 2024 Lead and Copper Rule Improvements require water systems to identify and replace lead pipes within 10 years under a replacement program beginning November 1, 2027. Ask whether the utility's program covers the part of the line on your property and what it needs from you to schedule the work.
3. Test the water through a state-certified lab. EPA says tests typically cost $20 to $100.
4. Until the line is replaced, consider supplying a filter certified to remove lead and telling tenants to use only cold water for drinking, cooking, and baby formula. Boiling does not remove lead.

Can you refuse to rent to families with children because of lead?

No. Turning away families with children is familial status discrimination under the federal Fair Housing Act, even when your stated reason is protecting the children. In HUD v. DiBari (1992), a HUD judge held that a Massachusetts landlord broke the Act by refusing to rent a unit he believed had lead paint to a couple expecting a baby, and noted that health and cost concerns are not among the Act's exceptions. Massachusetts law separately makes it illegal to refuse to rent because a unit has lead or because renting would trigger deleading duties. Fix the hazard instead, and apply the same screening rules to every applicant, as described in what counts as unlawful discrimination in the rental application process.

Lead is one of several environmental hazards on your list. If the building also has old insulation or flooring, see what to do if your rental has asbestos, and your key liabilities as a landlord.