Lead Paint Disclosure vs Lead Inspection: What's Required?

Do you need to pay for a lead inspection? Usually, no. But you MUST disclose what you know.

A common source of confusion for new investors is difference between Disclosure and Inspection.

What is Disclosure?

Disclosure is a mandatory administrative act for all pre-1978 rentals. You are declaring: "Here is what I know about this house."

• It is perfectly legal to check the box that says "Lessor has no knowledge of lead-based paint hazards" if that is the truth.
• You are not required by federal law to go out and hunt for lead.

What is Inspection?

Inspection is a scientific testing process (XRF gun or dust wipes).

• Federal law gives tenants a 10-day window to conduct their own inspection at their own expense (which they rarely do).
• You generally do not need to pay for an inspection yourself unless you are in a specific state like Maryland or New Jersey.

The Catch-22

If you do get an inspection (or do renovation work that generates a test result), that report becomes a record. You must now attach that record to all future disclosures forever. You can never "unknow" lead.