Does the lead paint disclosure apply to rentals in Texas?

Yes. The federal rule applies to any contract to lease target housing, meaning housing built before 1978, with narrow exceptions for zero-bedroom units and elderly or disabled housing without a child under six (42 U.S.C. Secs. 4851b, 4852d(a)(1); 40 CFR 745.113(b)).

What does a landlord have to give a tenant in a pre-1978 house?

The EPA lead hazard information pamphlet, disclosure of any known lead-based paint or hazards, and any lead evaluation report the lessor has, before the tenant is obligated under the lease (42 U.S.C. Sec. 4852d(a)(1)); plus the lease attachment with the Lead Warning Statement, disclosure, records list, tenant acknowledgment, agent certification, and signatures (40 CFR 745.113(b)).

Do I have to test my rental for lead paint in Texas?

The statute requires disclosure of what is known and of any available report, not testing. A lessor with no knowledge states no knowledge (40 CFR 745.113(b)(2)).

How long do I keep the lead disclosure?

At least three years from the commencement of the leasing period, by the lessor and any agent (40 CFR 745.113(c)(1)).

What is the penalty for not giving a lead paint disclosure to a tenant?

A knowing violator is jointly and severally liable for three times the tenant's damages plus costs, attorney fees, and expert fees (42 U.S.C. Sec. 4852d(b)(3), (4)), and faces a TSCA civil penalty written as $10,000 per violation and inflation-adjusted, $22,263 on the current EPA table (Sec. 4852d(b)(5); 40 CFR 19.4).

Is the property manager liable if the lead disclosure is missing?

The rule requires the agent's certification and signature and puts the retention duty on the agent (40 CFR 745.113(b)(5), (c)). An agent who informed the lessor of the obligations is not liable for lead the lessor knew about and did not disclose to the agent (40 CFR 745.115(b)); an agent who did not inform the lessor has no such shelter.

Tarrant County · Owner Guide

Do I have to give a lead paint disclosure when I rent out a pre-1978 house in Texas?

By Andrew ChavisUpdated September 6, 20267 min read

The Short Answer

Yes, if the house was built before 1978. Federal law calls that target housing, with narrow exceptions for zero-bedroom units and housing for the elderly or disabled where no child under six is expected to live (42 U.S.C. Sec. 4851b). Before the tenant is obligated under the lease, the lessor must provide the EPA lead hazard information pamphlet, disclose the presence of any known lead-based paint or lead-based paint hazards, and hand over any lead evaluation report the lessor has (42 U.S.C. Sec. 4852d(a)(1)(A), (B)). The lease itself, or an attachment in the lease's language, must carry the federal Lead Warning Statement, the lessor's disclosure or statement of no knowledge, a list of available records and reports, the tenant's acknowledgment of receipt, an agent's certification where an agent is involved, and the signatures of lessor, agent, and tenant (40 CFR 745.113(b)); the lessor and any agent keep a copy for at least three years from the start of the lease (40 CFR 745.113(c)). A person who knowingly violates the section is jointly and severally liable to the tenant for three times the damages, plus costs, attorney fees, and expert fees, and faces a civil penalty under the Toxic Substances Control Act written as $10,000 per violation and adjusted for inflation, $22,263 on the current EPA table (42 U.S.C. Sec. 4852d(b); 40 CFR 19.4, read September 6, 2026). An agent who informed the lessor of these duties is not liable for lead the lessor knew about and hid from the agent (40 CFR 745.115(b)). This is general information, not legal advice.

The Short VersionScan in 20 sec

01What Target Housing Means
02What the Lessor Has to Do Before the Tenant Is Obligated
03What Has to Be in the Lease
04Keep It Three Years, and the Agent Is on the Hook Too
05What a Knowing Violation Costs
06How We Run It

What Target Housing Means

The statute defines target housing as any housing constructed prior to 1978, except housing for the elderly or persons with disabilities and any zero-bedroom dwelling, unless a child under six lives or is expected to live there (42 U.S.C. Sec. 4851b). The year is the only test that matters for a single-family rental. Whether the paint has ever been tested, whether the house has been repainted a dozen times, and whether the owner believes there is no lead are all beside the point: the duty to disclose what is known, and to say so if nothing is known, attaches to the build year. The Tarrant Appraisal District record carries a year built for every parcel, which is where the question starts; where the record shows a remodel-era year on an older structure, the original construction date governs, and the permit history is the place to confirm it. The exceptions describe the housing, not the household: nothing in the rule asks a landlord to find out whether an applicant has or expects children, and asking would be a familial-status question under the Fair Housing Act.

What the Lessor Has to Do Before the Tenant Is Obligated

Before the purchaser or lessee is obligated under any contract to purchase or lease target housing, the seller or lessor must provide the lead hazard information pamphlet prescribed by the EPA, disclose the presence of any known lead-based paint or lead-based paint hazards, and provide any lead hazard evaluation report available to the lessor (42 U.S.C. Sec. 4852d(a)(1)(A), (B)). The ten-day inspection period in subparagraph (C) is written for purchasers, not tenants. The timing word is obligated: the disclosure belongs in the lease packet at signing, not in the move-in folder afterward. A lessor who has no knowledge of lead paint says so in writing; the statute does not require testing, it requires the truth about what the lessor knows.

What Has to Be in the Lease

The EPA rule lists the elements every contract to lease target housing must include, as an attachment or within the contract, in the contract's language: the Lead Warning Statement in the exact federal wording, beginning with the words that housing built before 1978 may contain lead-based paint; a statement by the lessor disclosing known lead-based paint or hazards, with the basis, location, and condition, or indicating no knowledge; a list of any records or reports provided to the tenant, or a statement that none are available; the tenant's statement affirming receipt of that information and the pamphlet; where an agent is involved, a statement that the agent informed the lessor of the lessor's obligations and is aware of the agent's own duty to ensure compliance; and the signatures of lessors, agents, and lessees certifying the accuracy of their statements (40 CFR 745.113(b)(1)-(6)). A lead-based paint addendum built to this list belongs in every lease packet on a pre-1978 house; a homemade lease usually does not carry one.

Keep It Three Years, and the Agent Is on the Hook Too

The lessor, and any agent, must retain a copy of the completed attachment or the lease containing the required information for no less than three years from the commencement of the leasing period (40 CFR 745.113(c)(1)). The agent's certification in the lease is not decoration: the rule requires the agent to state that the lessor was told of the obligation and that the agent knows their own duty to ensure compliance (40 CFR 745.113(b)(5)). A property manager who leases a 1972 house without the addendum has signed nothing, which is its own problem, and has failed a duty the rule puts on the agent by name. The rule also draws the agent's line: an agent who informed the lessor of the lessor's obligations is not liable for the lessor's failure to disclose lead the lessor knew about but did not tell the agent (40 CFR 745.115(a), (b)). The written record that the owner was told is the manager's protection, and it belongs in the file next to the addendum.

What a Knowing Violation Costs

A person who knowingly violates the section is jointly and severally liable to the purchaser or lessee for three times the damages incurred (42 U.S.C. Sec. 4852d(b)(3)), and a prevailing tenant may be awarded court costs, reasonable attorney fees, and expert witness fees (Sec. 4852d(b)(4)). Failure to comply is also a prohibited act under the Toxic Substances Control Act, with a penalty written as $10,000 per violation and inflation-adjusted each year, $22,263 on the current table (Sec. 4852d(b)(5); 40 CFR 19.4, read September 6, 2026), and the Secretary of HUD may act to enjoin violations (Sec. 4852d(b)(2)). Joint and several means the tenant may collect the whole judgment from any person who knowingly violated the section; the agent safe harbor in 40 CFR 745.115(b) is what keeps a manager who informed the owner out of that group when the owner concealed what they knew. On a house where a child's blood-lead test comes back elevated, the damages that get tripled are medical.

How We Run It

Year built is read off the TAD record at intake. Every lease on a pre-1978 house goes out with the lead addendum in the packet, the pamphlet attached, the disclosure completed with what the owner actually knows, and every signature line filled, including ours as agent, before the tenant signs the lease. The completed addendum lives in the property file for the life of the file, which is longer than three years. Nothing on this page is a substitute for reading the addendum itself; it is the reason to read it.

Common Questions

01Does the lead paint disclosure apply to rentals in Texas?: Yes. The federal rule applies to any contract to lease target housing, meaning housing built before 1978, with narrow exceptions for zero-bedroom units and elderly or disabled housing without a child under six (42 U.S.C. Secs. 4851b, 4852d(a)(1); 40 CFR 745.113(b)).
02What does a landlord have to give a tenant in a pre-1978 house?: The EPA lead hazard information pamphlet, disclosure of any known lead-based paint or hazards, and any lead evaluation report the lessor has, before the tenant is obligated under the lease (42 U.S.C. Sec. 4852d(a)(1)); plus the lease attachment with the Lead Warning Statement, disclosure, records list, tenant acknowledgment, agent certification, and signatures (40 CFR 745.113(b)).
03Do I have to test my rental for lead paint in Texas?: The statute requires disclosure of what is known and of any available report, not testing. A lessor with no knowledge states no knowledge (40 CFR 745.113(b)(2)).
04How long do I keep the lead disclosure?: At least three years from the commencement of the leasing period, by the lessor and any agent (40 CFR 745.113(c)(1)).
05What is the penalty for not giving a lead paint disclosure to a tenant?: A knowing violator is jointly and severally liable for three times the tenant's damages plus costs, attorney fees, and expert fees (42 U.S.C. Sec. 4852d(b)(3), (4)), and faces a TSCA civil penalty written as $10,000 per violation and inflation-adjusted, $22,263 on the current EPA table (Sec. 4852d(b)(5); 40 CFR 19.4).
06Is the property manager liable if the lead disclosure is missing?: The rule requires the agent's certification and signature and puts the retention duty on the agent (40 CFR 745.113(b)(5), (c)). An agent who informed the lessor of the obligations is not liable for lead the lessor knew about and did not disclose to the agent (40 CFR 745.115(b)); an agent who did not inform the lessor has no such shelter.

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