Lead Paint Disclosure Compliance Checklist for Rental & Sale Properties [FREE PDF]

The EPA Lead-Based Paint Disclosure Rule (40 CFR Part 745, Subpart F) and HUD regulations (24 CFR Part 35) require sellers and landlords of most pre-1978 residential properties to disclose known lead-based paint hazards and provide the EPA-approved pamphlet 'Protect Your Family from Lead in Your Home' before sale or lease. Violations can result in civil penalties of up to $19,507 per violation under TSCA Section 16 and potential criminal liability under 42 U.S.C. § 4852d. Property managers and l

Industry: Residential Management
Frequency: Per Event
Estimated Time: 30-45 minutes
Role: Property Manager
Total Items: 42
Compliance: EPA Lead-Based Paint Disclosure Rule, 40 CFR Part 745, Subpart F, HUD Lead Safe Housing Rule, 24 CFR Part 35, EPA Lead RRP Rule, 40 CFR Part 745, Subpart E, Toxic Substances Control Act (TSCA) Section 16, 15 U.S.C. § 2615, Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. § 4852d

Property Eligibility & Scope Determination

Confirm whether the property is subject to lead paint disclosure requirements based on construction date and transaction type.

Was the property built before January 1, 1978?
Is the property exempt from disclosure requirements (e.g., 0-bedroom studio, housing for elderly, certified lead-free)?
Is the property subject to HUD funding or assistance, triggering additional lead-safe housing requirements?
Is the transaction a renovation, repair, or painting project in the pre-1978 property affecting more than 6 square feet of interior or 20 square feet of exterior painted surfaces?
Document the basis for applicability or exemption determination for this transaction.

Known Lead-Based Paint & Hazard Disclosure

Ensure all known information about lead-based paint presence and hazards in the property has been documented and disclosed.

Does the seller or landlord have knowledge of lead-based paint or lead-based paint hazards in the property?
Are all known lead paint locations or hazard areas described in writing in the disclosure form?
Have all available lead inspection reports, risk assessments, or paint testing records been provided to the buyer or tenant?
If no prior testing has been conducted, has this been clearly stated in the disclosure form?
Upload copies of any existing lead inspection reports, risk assessments, or XRF testing results.

EPA Lead Hazard Information Pamphlet Delivery

Verify that the required EPA-approved lead hazard information pamphlet has been provided to all applicable parties before transaction completion.

Has the EPA-approved pamphlet 'Protect Your Family from Lead in Your Home' been provided to the buyer or tenant?
Was the pamphlet provided in a language understood by the buyer or tenant if English is not their primary language?
Was the pamphlet delivered before the lease or purchase contract was signed?
Is a signed acknowledgment from the recipient confirming pamphlet receipt included in the transaction file?

Disclosure Form Completeness & Signature Requirements

Audit the lead-based paint disclosure document for all required fields, signatures, and dates.

Has the official lead-based paint disclosure form (EPA/HUD-approved or state equivalent) been completed for this transaction?
Does the disclosure form include the seller's or lessor's disclosure statement, report attachments, and pamphlet acknowledgment?
Has the seller or landlord signed and dated the completed disclosure form?
Has the real estate agent or property manager (if acting as agent) signed the certification on the disclosure form?
Has the buyer or tenant signed the disclosure form acknowledging receipt of all required disclosures and pamphlet?
Upload the completed and signed lead-based paint disclosure form.

Record Retention & Documentation Management

Confirm that all lead disclosure records are being retained for the required minimum period in accessible formats.

Are all signed disclosure forms being retained for a minimum of three years from the date of transaction?
Are records stored in a retrievable format (physical or digital) accessible to compliance auditors within 72 hours?
Are copies of all lead test reports, risk assessments, and hazard evaluations retained with the property file?
Have records been transferred to new ownership upon property sale with disclosure of all existing lead documentation?
Is there a documented property-level lead paint history log maintained for the building?

Visual Assessment of Paint Condition

Conduct a visual inspection of painted surfaces throughout the pre-1978 property to identify deteriorated or damaged paint requiring attention.

Are all interior painted surfaces in the dwelling free from deteriorating paint (peeling, chipping, chalking, cracking)?
Are all exterior painted surfaces free from deteriorating paint including siding, windows, doors, and trim?
Are friction surfaces (windows, doors) and impact surfaces (baseboards, door frames) inspected for paint disturbance or wear?
Has the approximate square footage of any deteriorated painted surfaces been measured and documented?
Upload photos of any deteriorated or suspect lead-containing painted surfaces observed.
Describe the location and condition of all deteriorated paint areas observed during the visual assessment.

Renovation, Repair & Painting (RRP) Compliance

If renovation activities are planned or underway, verify compliance with the EPA Lead RRP Rule including contractor certification and work practice requirements.

Is the renovation firm currently certified with the EPA (or state-authorized program) under the RRP Rule?
Is at least one EPA-certified renovator assigned to and present at this renovation project?
Has the pre-renovation disclosure pamphlet been provided to the building owner or occupant before renovation work began?
Are required containment and lead-safe work practices being used during renovation activities?
Has post-renovation cleaning verification been performed and documented by the certified renovator?
Are all RRP project records (certifications, work practices, cleaning verification) being retained for at least 3 years?

Corrective Actions & Compliance Summary

Summarize compliance gaps, document required remediation steps, and confirm overall readiness for transaction or occupancy.

Were any disclosure or documentation deficiencies identified during this compliance review?
Describe all deficiencies identified and the corrective actions required before transaction completion.
Has legal counsel or a certified lead compliance specialist been consulted regarding identified deficiencies?
What is the overall lead disclosure compliance status for this property and transaction?
Has a follow-up review date been scheduled to verify correction of all identified deficiencies?

Related Real Estate Checklists

Related Compliance Checklists

Why Use This Lead Paint Disclosure Compliance Checklist for Rental & Sale Properties [FREE PDF]?

This lead paint disclosure compliance checklist for rental & sale properties [free pdf] helps residential management teams maintain compliance and operational excellence. Designed for property manager professionals, this checklist covers 42 critical inspection points across 8 sections. Recommended frequency: per event.

Ensures compliance with EPA Lead-Based Paint Disclosure Rule, 40 CFR Part 745, Subpart F, HUD Lead Safe Housing Rule, 24 CFR Part 35, EPA Lead RRP Rule, 40 CFR Part 745, Subpart E, Toxic Substances Control Act (TSCA) Section 16, 15 U.S.C. § 2615, Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. § 4852d. Regulatory-aligned for audit readiness and inspection documentation.

Frequently Asked Questions

What does the Lead Paint Disclosure Compliance Checklist for Rental & Sale Properties [FREE PDF] cover?

This checklist covers 42 inspection items across 8 sections: Property Eligibility & Scope Determination, Known Lead-Based Paint & Hazard Disclosure, EPA Lead Hazard Information Pamphlet Delivery, Disclosure Form Completeness & Signature Requirements, Record Retention & Documentation Management, Visual Assessment of Paint Condition, Renovation, Repair & Painting (RRP) Compliance, Corrective Actions & Compliance Summary. It is designed for residential management operations and compliance.

How often should this checklist be completed?

This checklist should be completed per event. Each completion takes approximately 30-45 minutes.

Who should use this Lead Paint Disclosure Compliance Checklist for Rental & Sale Properties [FREE PDF]?

This checklist is designed for Property Manager professionals in the residential management industry. It can be used for self-assessments, team audits, and regulatory compliance documentation.

Can I download this checklist as a PDF?

Yes, this checklist is available as a free PDF download. You can also use it digitally in the POPProbe mobile app for real-time data capture, photo documentation, and automatic reporting.