The federal government and many states and cities require landlords to disclose certain information to prospective and current tenants. Most of these disclosures relate to either health and safety issues (such as disclosures about past use of the property as a meth lab), or tenants’ rights (such as disclosures noting how the landlord can and cannot use tenants’ security deposits). Some disclosure laws require landlords to make disclosures before entering into rental relationship with a tenant, while others require landlords to place information in the lease or rental agreement.

Federal Landlord Disclosure Requirements

The federal Residential Lead-Based Paint Hazard Reduction Act (Title X) requires landlords renting property built before 1978 to make disclosures about lead-based paint. Landlords must:

• disclose to prospective tenants any information they know about lead-based paint on the premises
• give prospective tenants the EPA pamphlet, Protect Your Family From Lead In Your Home
• provide to prospective tenants in multiunit buildings any records or reports about lead-based paint in common areas and other units when this information was obtained through a building-wide evaluation, and
• include in or attach to the lease or rental agreement a “Lead Warning Statement” confirming the landlord has provided all the disclosures required by Title X.

Landlords renting the following types of properties don’t need to provide lead-based paint disclosures:

• housing built after 1977
• zero-bedroom units (such as lofts, dorms, and efficiencies)
• vacation or short-term rentals with rental agreements for less than 100 days
• housing for the elderly (unless children also live there), and
• housing for the handicapped (unless children also live there).

Landlords who don’t follow Title X’s requirements might face fines, and, if a tenant suffers damages from lead-based paint, will be liable to the tenant for three times the amount of the tenant’s damages. If a tenant sues a landlord for failure to disclose and the tenant wins the suit, the court can require the landlord to pay the tenant’s court costs and attorneys’ fees. Title X also allows criminal charges against landlords who don’t make the proper disclosures.

State Landlord Disclosure Requirements

Most states require landlords to make at least one disclosure to prospective or current tenants—but some states require many. Some disclosures are required by only one state—for example, only landlords in California need to disclose known locations of former ordnance within one mile of the rental, and only Oregon landlords renting certain types of property must notify new tenants about the opportunity to recycle. Other disclosures, such as those listed here, are required by many states:

• the identity of the property manager and person authorized to accept notices and demands
• how the landlord will hold the security deposit and how much interest it will earn (if any)
• the amount of nonrefundable fees, if any
• how to access the state’s registered sex offender database
• how to test smoke detectors and carbon monoxide detectors in the unit
• whether there’s a history of or presence of environmental health hazards, such as mold or radon
• any history of methamphetamine on the premises
• information about domestic violence victims’ rights, and
• outstanding housing code violations.

Landlords need to know not only what disclosures their state requires, but how to make the disclosures: Do landlords need to inform both prospective and current tenants? Does the disclosure have to be in a lease or rental agreement? Can landlords make the disclosure by posting in the rental building? Every state’s law is different. If you have questions about your state’s required landlord disclosures, a local landlord-tenant attorney can help you understand the laws and how they apply to your situation.

Other Landlord Disclosure Requirements

Some cities require landlords to make certain disclosures. Often, these disclosures relate to certain city regulations, such as noise ordinances, parking rules, and occupancy limits. Large cities and cities with colleges or universities are more likely to have their own disclosure requirements, but landlords everywhere should review their city’s laws for any required landlord disclosures, or consult with a local landlord-tenant attorney to be sure.

Rent control laws and ordinances might also require landlord disclosures. Your rent control board and local attorneys are good sources for information about what landlords need to disclose to comply with rent control rules.