Lead-Based Paint Disclosure: A Required Addendum for Pre-1978 Colorado Rentals

This one isn’t a Colorado statute — it’s federal law, which is exactly why it’s easy to overlook when checking a lease against state-specific rules. If the property was built before 1978, it applies regardless of what state you’re in.

The trigger: built before 1978

Any residential rental unit built before 1978 — when lead-based paint was banned for residential use — falls under this requirement. It doesn’t matter whether the property has actually been tested, or whether you believe there’s no lead paint present; the age of the building is what triggers the obligation.

What the disclosure has to include

A Lead-Based Paint Disclosure Addendum needs three pieces: a lead warning statement explaining pre-1978 lead paint use and the health risks of exposure, the landlord’s disclosure of any known lead-based paint or hazards at the property (including any related reports or records the landlord has), and the tenant’s acknowledgment that they received the disclosure and the required pamphlet.

The pamphlet is part of the requirement, not optional reading

Landlords have to provide prospective tenants of a pre-1978 unit with the EPA-approved pamphlet, “Protect Your Family from Lead in Your Home.” A lease addendum with the warning language but no pamphlet doesn’t satisfy the full requirement — both pieces are required.

Records have to be kept for 3 years

The disclosure has to be retained for at least three years from the start of the leasing period. This matters if a compliance question ever comes up well after move-in — the addendum being signed at lease-signing isn’t enough if there’s no retained copy to produce later.

The penalty is real, not symbolic

Failing to provide a required lead disclosure can carry a federal civil penalty in the tens of thousands of dollars per violation — the exact figure is periodically adjusted for inflation, so confirm the current amount rather than relying on a specific number from an older source. This isn’t a paperwork nicety; it’s enforced.

What to check on any pre-1978 property

• Does the property’s construction date actually put it in scope — built before 1978?
• Does your lease packet include the full 3-part addendum (warning statement, landlord disclosure, tenant acknowledgment), not just a generic mention?
• Is the EPA pamphlet actually provided, not just referenced?
• Do you have a retention system for signed disclosures going back at least 3 years?

The bottom line

This is one of the more consequential documentation requirements to get right, precisely because it’s federal and easy to miss when a checklist is built around Colorado-specific statutes. A Lease Template Review checks your Colorado-specific clauses; a pre-1978 property needs this addendum checked separately.

LeaseCheck for Landlords is an educational lease-compliance screening tool. It is not a law firm and does not provide legal advice. Colorado rental laws change; confirm specifics for your situation with a licensed attorney.