Required Lease Disclosures: Lead Paint & More
Some disclosures are required by law — here is what your landlord must tell you, and what a lease cannot take away.
Last reviewed: May 26, 2026 by the BizLeaseCheck Editorial Team
General information, not legal advice.
Overview
Beyond the negotiated terms, federal and state law require landlords to disclose certain facts and to honor certain non-waivable rights. The most universal is the federal lead-based-paint disclosure; states add their own (mold, bedbugs, flooding, and more).
Knowing the required disclosures tells you both what information you are owed and when a lease is cutting corners.
Topics to check
For most housing built before 1978, federal law requires the landlord to disclose known lead-based-paint hazards, give you the EPA pamphlet "Protect Your Family from Lead in Your Home," include a specific lead warning in the lease, and provide any records they have. This applies nationwide regardless of the state.
If a pre-1978 rental has no lead disclosure, that is a compliance gap. Lead exposure is a serious health risk, especially for children, so the disclosure is not a formality.
Real estate (lead) disclosure (EPA)States and cities add their own required disclosures — examples include mold, bedbug history, flood risk, the location of utility shutoffs, the identity of the owner or manager, and how the security deposit is held. The set of required disclosures depends entirely on where the unit is.
Check your state’s required-disclosure list against what the landlord actually provided; a missing required disclosure can carry penalties and is a sign to look more carefully at the rest of the lease.
Landlord-tenant law (Cornell LII Wex)The federal Fair Housing Act prohibits discrimination in housing based on protected characteristics (race, color, national origin, religion, sex, familial status, and disability), and it requires reasonable accommodations — including for assistance animals — regardless of a lease’s pet policy. Many states and cities add protected classes (such as source of income).
A lease cannot contract around fair-housing law or other non-waivable tenant protections. If a clause conflicts with these rights, the right generally controls — but raise it, because the clause should not be there.
Fair Housing Act overview (HUD)Key takeaways
- Pre-1978 housing requires a federal lead-based-paint disclosure, the EPA pamphlet, and a lease warning — nationwide.
- States and cities add disclosures (mold, bedbugs, flood, owner identity, deposit handling).
- A missing required disclosure can carry penalties and signals to scrutinize the lease.
- The Fair Housing Act bars discrimination and requires reasonable accommodations.
- A lease cannot waive fair-housing rights or other non-waivable tenant protections.
Official resources
Legal-review notes
Guide confidence marker: Medium confidence.
- State and local disclosure requirements vary widely; verify your jurisdiction’s required-disclosure list.
- Fair-housing protected classes and accommodation procedures differ by state and city; confirm specifics.
Frequently asked questions
What must a landlord disclose about lead paint?
For most housing built before 1978, federal law requires the landlord to disclose known lead-based-paint hazards, give you the EPA "Protect Your Family from Lead in Your Home" pamphlet, include a lead warning in the lease, and share any records they have. It applies in every state.
What other disclosures might I be owed?
It depends on your state and city — common ones include mold, bedbug history, flood risk, who owns or manages the property, and how your deposit is held. Check your state’s required-disclosure list against what you actually received.
Can a lease override fair-housing law?
No. The federal Fair Housing Act and state fair-housing laws are non-waivable — a lease cannot contract around protections against discrimination or the duty to provide reasonable accommodations, such as for assistance animals. If a clause conflicts, the law generally controls.