Lead-Based Paint Disclosures Are Not Optional
If you’re a Utah landlord renting out residential property built before 1978, federal law requires you to make very specific disclosures about lead-based paint. This is not a suggestion—it’s a mandatory compliance issue, and the penalties for skipping it can be steep.
According to the Utah Division of Real Estate’s Q1 2025 newsletter, noncompliance remains a recurring enforcement issue. That means landlords are still missing the mark, often unintentionally. Don’t let that be you.
What the Law Requires
Under the Residential Lead-Based Paint Hazard Reduction Act (commonly known as Title X), landlords must:
- Provide tenants with an EPA-approved lead hazard information pamphlet (“Protect Your Family From Lead in Your Home”)
- Disclose any known presence of lead-based paint or lead hazards in the property
- Share any records or reports available related to lead hazards
- Include a lead warning statement in the lease
- Have the tenant and landlord sign a Lead-Based Paint Disclosure Form (EPA Form 907)
These requirements apply to any residential property built before 1978, whether it’s a single-family rental, duplex, or multifamily unit.
What Happens If You Don’t Comply?
Noncompliance isn’t just risky—it’s expensive. The EPA and HUD can fine landlords up to $21,018 per violation. That means if you rent out a fourplex and skip the disclosure for all four tenants, you’re potentially looking at $84,072 in penalties.
And it doesn’t end there. Tenants can also sue under the law if they suffer harm, and you could find yourself facing both federal enforcement and private legal claims.
If you think skipping paperwork is no big deal, read: Avoiding Costly Eviction Mistakes: A Guide for Utah Landlords
“But I Didn’t Know” Isn’t a Defense
Landlords often overlook this rule because they didn’t know the property’s construction year, assumed there was no lead, or believed disclosures only applied during sales. None of those excuses hold up.
If the property was built before 1978 and you’re renting it out, this rule applies—period.
Not sure how to identify lead hazards? Start by requesting past inspection reports or maintenance records. If none exist, that fact must still be disclosed.
Compliance Checklist for Utah Landlords
Before signing your next lease on an older unit, make sure you:
- Confirm the property’s construction year
- Provide the EPA pamphlet to all new tenants
- Complete and sign the Lead-Based Paint Disclosure Form
- Keep a copy in your lease file
Need help keeping your files tight? Check out: Utah Personal Property Notice Requirements for Former Tenants
Final Thoughts
Lead-based paint disclosure is a strict liability issue—intent doesn’t matter. If you rent out pre-1978 housing, you must comply. The good news is that compliance isn’t complicated once you understand the rules and use the proper forms.
If you’re unsure whether your property qualifies or you want help reviewing your lease documents, Duckworth Legal Group can help.
Call (801) 882-7444 or email info@duckworthlegalgroup.com to schedule a consultation and keep your property management practices legally bulletproof.