How to Fill Out the Illinois Lead-Based Paint Disclosure Form (Form 420)

To complete the Illinois lead-based paint disclosure form, the seller or landlord of any residential property built before 1978 fills in what they know about lead hazards, lists any inspection reports, and delivers the signed form along with the EPA pamphlet (and, for rentals, the Illinois Department of Public Health brochure) to the buyer or tenant before any contract or lease is signed. The form itself is the federal EPA disclosure — Illinois does not publish its own — and it comes in two versions: one for sales and one for rentals.¹

When You Have to Use the Form

Any sale or lease of a residential dwelling built before 1978 triggers the disclosure. That covers single-family homes, apartments, and condominiums. Both the owner and any agent on either side of the deal have compliance obligations.¹

The federal rule sits in 42 U.S.C. § 4852d. Illinois adds a separate landlord duty under 410 ILCS 45/9.1: before signing a lease on a pre-1978 unit, the owner must give the prospective tenant a copy of the Illinois Department of Public Health brochure on lead hazards in homes. If the owner has previously received a mitigation notice under Section 9 of the Lead Poisoning Prevention Act and has not yet obtained a certificate of compliance, the owner must also give the tenant written notice that a lead hazard was identified in the unit.²

If you’re not sure your building predates 1978, county property tax records, the deed, or building permits will confirm the construction date.

Properties That Don’t Need the Form

Some pre-1978 transactions are exempt from the federal disclosure:¹

Housing built in 1978 or later.
Zero-bedroom units — efficiencies, lofts, dormitories — unless a child under six lives or is expected to live there.
Foreclosure sales.
Leases of 100 days or fewer that cannot be renewed or extended.
Housing designated exclusively for the elderly or persons with disabilities, unless a child under six resides or is expected to reside there.
Units certified lead-free by a certified inspector.

What to Gather Before You Fill It In

Pull three things together before you touch the form.

First, your own knowledge. The form asks what you actually know about lead-based paint or hazards in the property. You are not required to test — but you cannot conceal what you already know.

Second, any inspection reports or risk assessments ever performed on the property. Every report you have must be handed over to the buyer or tenant, and each one needs to be listed on the form.³

Third, the EPA pamphlet “Protect Your Family From Lead in Your Home,” downloadable free from the EPA. For rentals in Illinois, add the Illinois Department of Public Health brochure to that stack.²

The EPA publishes sample seller’s and lessor’s disclosure forms on its website. Many Illinois brokers use versions built into their standard purchase agreements or lease packets, which is fine as long as the form contains all of the required elements.⁴

Filling In the Seller’s Form

The seller’s form has four working parts. Different people complete different sections.

Lead Warning Statement

The top of the form contains a pre-printed warning statement. The language is prescribed by 42 U.S.C. § 4852d(a)(3) and cannot be altered. It tells the buyer that pre-1978 housing may expose occupants to lead and that young children and pregnant women are at greatest risk.⁵ Nothing to fill in here. Just confirm it’s on the form.

Seller’s Disclosure Section

This is the section where you do the actual disclosing. You initial next to two items:

Knowledge of lead-based paint or hazards. Check one of two options — either you know of lead-based paint or hazards in the property, in which case you explain what you know on the blank lines, or you have no knowledge of any.
Records and reports. Check one option — either you are giving the buyer all available records and reports and you list them, or you have none to provide.³

Be specific when listing reports. Name the testing company, the date of the inspection, and what the inspection covered. Vague entries invite disputes later.

Buyer’s Acknowledgment Section

The buyer initials lines confirming they received copies of every listed report, received the “Protect Your Family From Lead in Your Home” pamphlet, and were given a 10-day opportunity to conduct their own lead inspection before becoming obligated under the contract. The buyer also indicates whether they intend to use or waive that 10-day window.⁵

Agent’s Acknowledgment Section

Any real estate agent in the transaction initials a statement confirming they told the seller about the disclosure obligation under 42 U.S.C. § 4852d and understand their own duty to ensure compliance. If no agent is involved, mark this section “N/A.”³

Signatures

Every party — seller, buyer, agent — signs and dates the bottom, certifying the information they gave is true and accurate to the best of their knowledge. The signatures are what convert the paperwork into a legal record.

Filling In the Lessor’s Form

The rental version mirrors the sales form. The lessor initials the same two items (knowledge and records), the lessee initials acknowledgments confirming receipt of listed reports and the EPA pamphlet, and any agent initials the same compliance statement.⁶

Two differences worth flagging. First, the rental form does not include a 10-day inspection window. That right belongs to buyers only. A prospective tenant can still ask for an inspection as a condition of signing, but it isn’t a statutory entitlement.⁵ Second, Illinois landlords must also hand over the Illinois Department of Public Health brochure on lead hazards, and, where applicable, a written notice that a lead hazard was previously identified in the unit under Section 9 of the Lead Poisoning Prevention Act.²

The 10-Day Inspection Window

Federal law gives a home buyer 10 days to hire a certified inspector and conduct a lead-based paint inspection or risk assessment before becoming obligated under the purchase contract. The seller and buyer can agree in writing to shorten or lengthen that window, and the buyer can waive it entirely.¹ The buyer’s choice — use the window, waive it, or negotiate a different length — is recorded on the form itself in the acknowledgment section.

Delivering the Form and Keeping the Records

The completed disclosure form, all listed reports, and the EPA pamphlet have to reach the buyer or tenant before they sign a binding contract or lease. Handing paperwork over after signing defeats the point of the statute and exposes you to penalties.⁵

After the deal closes, the seller (or landlord) and any agent must keep a copy of the signed disclosure for at least three years. For a sale, the three-year clock starts the day the sale completes. For a lease, it starts on the first day of the lease term.⁷ File the original where you can find it. Three years later is exactly when someone might come asking.

What Non-Compliance Costs

Getting this wrong is expensive. Federal penalties under 42 U.S.C. § 4852d include civil fines of up to $10,000 per violation, enforced through the Toxic Substances Control Act, and treble damages: a buyer or tenant denied proper disclosure can sue and recover three times their actual damages, plus court costs, attorney fees, and expert witness fees.⁵ Knowing violations can also be prosecuted criminally, with penalties of up to one year in prison and a $100,000 fine.

The treble damages provision is the one that bites in practice. If a buyer discovers lead hazards after closing and can show the seller knew, remediation, medical, and relocation costs all get tripled, with attorney fees added on top. Filling the form out honestly, completely, and on time is a very cheap alternative.

1
United States Environmental Protection Agency. Real Estate Disclosures About Potential Lead Hazards
2
Justia Law. Illinois Code 410 ILCS 45 – Lead Poisoning Prevention Act
3
United States Environmental Protection Agency. Lead-Based Paint Disclosure Rule – Section 1018 of Title X
4
United States Environmental Protection Agency. Sellers Disclosure of Information on Lead-Based Paint and or Lead-Based Paint Hazards
5
Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
6
HUD. Disclosure Form for Target Housing Rentals and Leases
7
eCFR. 40 CFR 745.113 – Certification and Acknowledgment of Disclosure