Required Lease Disclosures by State: Lead Paint, Mold, Radon, Bed Bug, Flood (2026)

The federal lead-based paint baseline

The federal lead-based paint disclosure under 24 CFR Part 35 and 40 CFR Part 745 applies to virtually every rental of a residential unit built before 1978 (the year the federal ban on lead-based paint in residential applications took effect). The rule was enacted in 1992 under the Residential Lead-Based Paint Hazard Reduction Act and has been refined by EPA and HUD over the subsequent three decades.

The required disclosure has three components. First, the landlord must provide the tenant with the EPA pamphlet "Protect Your Family from Lead in Your Home." Second, the landlord must disclose known lead-based paint hazards, including the basis for the knowledge (testing, prior remediation history, observation). Third, the landlord must provide a signed federal disclosure form, the EPA Form 5630-13 (also referred to as the "Lead-Based Paint Disclosure Form for Target Housing Rentals"), with specific statutory language acknowledged by both parties.

The disclosure must occur before the lease is signed. The tenant must have the opportunity to inspect for lead and to review records the landlord has on lead. A landlord with documented testing showing the unit is lead-free may indicate as much in the disclosure; a landlord without testing must check the "no knowledge" box rather than affirmatively stating the unit is lead-free.

HUD's 2024 penalty inflation adjustment sets the maximum civil penalty per violation at 19,507 dollars. For landlords with many pre-1978 units, the exposure is significant. The federal enforcement is administered by EPA and HUD's joint Lead Hazard Control Office, which conducts both random audits and complaint-driven investigations. Many state attorneys general also enforce the federal rule under state consumer-protection statutes.

Exemptions are narrow. The federal rule does not apply to: housing for the elderly or persons with disabilities (unless a child under 6 lives there), zero-bedroom units (lofts, studios designed for single adults), housing inspected and found free of lead-based paint by a certified inspector, units rented for less than 100 days (short-term rentals), foreclosure sales (limited application), and housing constructed in 1978 or later. The vast majority of rental units built before 1978 fall within the rule.

State disclosure summary table

The table below summarises the state-specific disclosures most commonly required. The list is not exhaustive; many states have additional narrow disclosures for specific circumstances (military bases, agricultural housing, manufactured housing). Always check state-specific guidance for the comprehensive list.

Table is illustrative; verify each state's current requirements before relying.

California: the longest state disclosure list

California has the most extensive state disclosure regime of any major state. The list grows with nearly every legislative session and now includes Megan's Law database notice, mold disclosure, bed bug information, flood-hazard disclosure (AB 1944), demolition permit disclosure, methamphetamine and fentanyl contamination disclosure, and gas / electricity sub-metering disclosure where applicable. Each disclosure has specific statutory language and timing requirements.

Megan's Law disclosure under Civil Code 2079.10a requires the lease to include language directing the tenant to the California Department of Justice sex-offender registry at meganslaw.ca.gov. The disclosure is informational; the landlord is not required to research whether registered offenders live nearby. Mold disclosure under Health and Safety Code 26147 is required when the landlord knows or has reason to know that mold exceeds permissible exposure limits or threatens occupants' health. The bed-bug information requirement under Civil Code 1954.603 (effective for leases entered after 1 July 2017) requires a one-page statutory notice about bed-bug identification and reporting.

Flood-hazard disclosure under AB 1944 (2022) requires landlords to disclose if the unit lies within a FEMA Special Flood Hazard Area. Demolition permit disclosure is required if the landlord has applied for a permit. Methamphetamine and fentanyl contamination must be disclosed if the property has been found contaminated under Health and Safety Code 25400.28 and remediation has not been certified complete.

The California compliance burden is significant. A landlord using a template from another state without California-specific disclosures is non-compliant on multiple counts. The simplest compliance is a California-specific lease template updated each legislative session.

Texas SB 998 flood disclosure

Texas SB 998, enacted in 2021 and effective 1 January 2022, added Property Code section 92.0135 requiring landlords to disclose flood history and 100-year floodplain status before the lease is signed. The disclosure was a direct response to the post-Hurricane Harvey realisation that many Houston-area renters were taking units in floodplains without notice.

The disclosure must state, in substantially the following form, in bold print in a separate paragraph: "The dwelling unit IS or IS NOT located in a 100-year floodplain. The dwelling unit HAS or HAS NOT flooded at least once during the five-year period immediately preceding the execution of this lease." The landlord must check the applicable boxes. The tenant must acknowledge receipt.

Failure to provide the SB 998 disclosure under Property Code section 92.0136 gives the tenant the right to terminate the lease without penalty and to recover specified damages. The disclosure cannot be waived in the lease. The requirement applies to all leases for residential dwelling units entered on or after the 1 January 2022 effective date.

Other states have followed Texas's lead. New Jersey enacted similar flood-disclosure legislation in 2024. California's AB 1944 (2022) requires similar disclosure for FEMA SFHA units. New York is considering similar legislation. The trend is toward more comprehensive flood disclosure as climate-related flood risk has increased.

New York bed-bug disclosure and the DHCR form

New York's bed-bug disclosure requirement under Multiple Dwelling Law 27-2018.1 and NYC Administrative Code 27-2018.1 applies to landlords of multiple dwellings (3 or more units). Covered landlords must provide a bed-bug infestation history disclosure annually to existing tenants and at lease signing to new tenants. The disclosure must use the form prescribed by the NYS Division of Housing and Community Renewal (DHCR Form HCR-129) or substantially the same form.

The disclosure must cover infestation history for both the specific dwelling unit and the building generally, for the year preceding the disclosure date. Required information includes any infestations during the prior year, the floors affected, the dates of treatment, and the extermination methods used. The disclosure attaches to the lease as an exhibit or is provided as a separate signed document.

Failure to provide the disclosure gives the tenant a defence to certain rent claims and may expose the landlord to civil penalties under NYC enforcement by the Department of Housing Preservation and Development. The penalties are typically modest (low thousands of dollars per violation) but accumulate quickly across portfolios.

Beyond New York, several other states have considered bed-bug disclosure requirements. Arizona has bed-bug-specific provisions in some Phoenix-area ordinances. Maine has tenant-protection provisions covering bed bugs. California's general bed-bug information requirement under Civil Code 1954.603 covers all residential leases statewide. The bed-bug disclosure space is expanding nationally, with new state legislation likely in coming years.

Sample disclosure attachments

Federal lead-based paint disclosure (use EPA Form 5630-13)

California Megan's Law disclosure (Civil Code 2079.10a)

Florida radon disclosure (FS 404.056(5))

Texas SB 998 flood disclosure

Related pages

For state-specific lease pages with embedded disclosure summaries, see the California, Texas, Florida, New York, and Illinois pages. For the security deposit account-disclosure rules separately, see the security deposit clause page. For the e-signature compliance framework, see the e-signature page.

Frequently Asked Questions

Sources

• EPA lead-based paint disclosure and EPA Form 5630-13: epa.gov/lead
• HUD lead-based paint rules and penalty adjustments: hud.gov
• California Civil Code section 1954.603 (bed bug information): leginfo.legislature.ca.gov
• California Civil Code section 2079.10a (Megan's Law): leginfo.legislature.ca.gov
• Florida Statutes 404.056(5) (radon disclosure): leg.state.fl.us
• Texas Property Code section 92.0135 (SB 998 flood disclosure): statutes.capitol.texas.gov
• Illinois Radon Awareness Act, 420 ILCS 46: ilga.gov
• NYS DHCR Bed Bug Form HCR-129: hcr.ny.gov