California Renters: Lead Paint Disclosure Requirements

When moving into a rental in California, it’s important to know your rights regarding lead paint and hazard disclosures. Landlords have specific legal obligations to disclose certain environmental hazards in the home, including lead-based paint. This ensures your living environment is safe for you and your family.

Understanding Lead-Based Paint Hazards in California Rentals

Lead-based paint, found in many homes built before 1978, can cause serious health problems—especially for children and pregnant women. Because of these risks, both federal and California law require landlords to inform renters about lead-based paint hazards before you sign a lease.

What Must California Landlords Disclose?

Landlords are required to provide renters with:

• A written disclosure about known lead-based paint or lead hazards for buildings built before 1978
• Any available reports or records about lead paint or lead hazards in the property
• A government-approved informational pamphlet, Protect Your Family From Lead In Your Home

If your landlord doesn’t provide these documents, they may be violating federal law as well as California Civil Code Section 1940.5 ^[1].

Official Forms for Lead Paint Disclosures

• Lead-Based Paint Disclosure Form (EPA/HUD Form):
  • Name: Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
  • When Used: Must be included with all new leases or rental agreements for pre-1978 housing
  • How Used: Landlord provides, both you and the landlord sign and date. Keep a copy for your records.
  • Download the official EPA/HUD Lead-Based Paint Disclosure Form
• Information Pamphlet:
  • Name: Protect Your Family From Lead In Your Home
  • When Used: Given to all tenants in pre-1978 housing at lease signing
  • Official EPA Pamphlet

These disclosures must be provided before you are obligated under your lease agreement. If you believe you did not receive the correct documentation, you have options to address the issue (see resources below).

Other Environmental Hazard Disclosures

California law also requires landlords to provide disclosures for other known hazards, such as asbestos, mold, or methamphetamine contamination when applicable. You should always receive these hazard notices in writing before moving in, along with the lead-based paint documentation.

Your Rights as a Renter

As a renter, you have a right under federal law (HUD) and California’s Civil Code Section 1940.5 to receive all required disclosures. If you suspect your landlord is not complying, consider speaking with local tenant resources, or submitting a complaint to the appropriate authority.

What to Do If Disclosures Are Missing

If your landlord fails to provide the forms or pamphlets, you can:

• Request them in writing
• Contact local code enforcement or public health agencies
• Submit a complaint to the California Department of Consumer Affairs or local authorities
• Consult with the California Department of Consumer Affairs

FAQ: Lead Paint and Hazard Disclosures for California Renters

1. Who is responsible for providing lead-based paint disclosures in California rentals?
   Landlords or their property managers must provide tenants with all required lead-based paint disclosures for residences built before 1978. This includes written forms and informational materials.
2. What should I do if I didn’t receive a lead paint disclosure or pamphlet?
   You should request them in writing from your landlord. If you still don’t receive them, reach out to local code enforcement or the California Department of Consumer Affairs for assistance.
3. Are there penalties for landlords who fail to disclose lead paint hazards?
   Yes. Both federal and California law allow tenants to sue for damages and civil penalties if landlords knowingly fail to provide the required disclosures.
4. Does this apply to all rental properties?
   Lead paint disclosure laws apply to all residential rental properties built before 1978, with very few minor exceptions (such as short-term rentals or certified lead-free units).
5. Where can I find more information or help with lead-based paint hazards?
   You can contact the California Department of Consumer Affairs, your local city or county code enforcement, or visit the EPA’s lead information page for more support.

Key Takeaways

• Landlords must disclose lead-based paint hazards in writing for properties built before 1978, using official government forms.
• As a renter, you have the right to these disclosures and educational materials—it’s the law in California and federally.
• If you do not receive disclosures, take action by requesting the correct forms and seeking help if needed.

Knowing your rights can help you protect your health and make sure your rental home is safe for everyone.

Need Help? Resources for Renters

• California Department of Consumer Affairs: Tenant Resources
• EPA Lead Information Page
• HUD: Lead Disclosure Rule
• The state’s main tenant tribunal for disputes is the California Superior Court – Housing

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1. California Civil Code Section 1940.5

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