For any Illinois home built before 1978, you need the federal EPA lead-based paint disclosure form, which is available as a free PDF on the Environmental Protection Agency’s website in two versions: one for sales and one for leases.1US EPA. Sellers Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards The Illinois lead-based paint disclosure form most people are searching for is this federal document, and it must be signed before the buyer or tenant is legally bound by the contract. For sales, Illinois also requires a separate state disclosure report that asks about lead, so a home sale in Illinois usually involves both forms.
Which Pre-1978 Properties Need the Form
The federal rule applies to “target housing,” meaning any housing built before 1978, the year the federal government banned consumer use of lead-based paint. Both sales and rentals are covered.2eCFR. 40 CFR 745.103 – Definitions
A few categories of pre-1978 housing are exempt:
- Housing designated for the elderly or persons with disabilities, unless a child under six lives there or is expected to.
- Zero-bedroom units such as studios and efficiencies, under the same child-residency condition.
- Short-term leases of 100 days or less with no renewal option, such as vacation rentals.3US EPA. Lead-Based Paint Disclosure Rule – Section 1018 of Title X
- Foreclosure sales.
If a child under six lives in an otherwise-exempt unit, the exemption drops away and the full disclosure applies.
What You Have to Do on the Form
Before the buyer or tenant is legally obligated under the contract, the seller or landlord must do three things.4eCFR. 40 CFR 745.107 – Disclosure Requirements for Sellers and Lessors
- Disclose any known lead-based paint or lead hazards, including their location and condition. If you don’t know of any, you check the box that says so. You are not required to test; you are required to be honest about what you already know.
- Provide any inspection reports, risk assessments, or remediation records you have. For multi-unit buildings, this includes reports on common areas and building-wide evaluations.
- Give the buyer or tenant a copy of the EPA pamphlet “Protect Your Family From Lead in Your Home.”5U.S. Environmental Protection Agency. Protect Your Family From Lead in Your Home (English)
The form itself contains a Lead Warning Statement that must appear in or be attached to the contract or lease. The buyer or tenant signs to confirm they received the pamphlet and disclosure. The seller or landlord signs to confirm they completed their obligations. Any real estate agent involved also signs.6US EPA. Real Estate Disclosures About Potential Lead Hazards
Both the seller and landlord versions of the form, and the current pamphlet, are free downloads on the EPA site. If you are using an older version of the pamphlet, EPA recommends including its updated supplement alongside it.7Environmental Protection Agency. Protect Your Family From Lead in Your Home – Real Estate Disclosure
The Separate Illinois State Disclosure
Illinois has its own Residential Real Property Disclosure Act, 765 ILCS 77. The state form covers a range of property conditions, and question 17 asks whether the seller is aware of unsafe concentrations of lead paint, lead water pipes, or lead in the soil.8Illinois General Assembly. Illinois Compiled Statutes 765 ILCS 77/35 – Disclosure Report Form This state form does not replace the federal one. A pre-1978 Illinois home sale needs both: the federal EPA lead disclosure with the pamphlet, and the Illinois disclosure report. The state form must be given to the buyer before the contract is signed.9FindLaw. Illinois Code 765 ILCS 77/35 – Disclosure Report Form
When the Form Has to Be Delivered
All disclosure steps must be completed before the buyer or tenant is legally obligated. For a sale, that means before the purchase contract becomes binding. For a lease, it means before the lease is signed. If you receive an offer before finishing the disclosure, you have to complete the disclosure and give the other side a chance to review it and potentially revise their offer before you accept.4eCFR. 40 CFR 745.107 – Disclosure Requirements for Sellers and Lessors
The Buyer’s 10-Day Inspection Window
For sales, the buyer has the right to a 10-day period before becoming contractually obligated, during which they can hire a certified inspector to test the property for lead. Both parties can agree in writing to a shorter, longer, or different arrangement, but the seller cannot eliminate the opportunity on their own.10eCFR. 40 CFR 745.110 – Opportunity to Conduct an Evaluation Buyers can waive the inspection in writing.6US EPA. Real Estate Disclosures About Potential Lead Hazards If an inspection turns up hazards, the buyer can renegotiate, request remediation, or walk away.
This 10-day window is a buyer-specific right under the federal statute. Tenants receive the disclosure and pamphlet but do not have a corresponding evaluation period.11Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
Keep the Signed Form for Three Years
After signing, the seller or landlord and any agents involved must keep a copy of the signed disclosure for at least three years. For a sale, the three years run from the completion of the sale. For a lease, they run from the start of the lease period.12eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards If a dispute surfaces later, the signed form is your evidence that you did what the rule required.
Penalties for Skipping or Falsifying It
Federal civil penalties for knowing violations reach $22,263 per violation after inflation adjustments.13eCFR. 40 CFR Part 19 – Adjustment of Civil Monetary Penalties for Inflation Because the penalty is per violation, a landlord who fails to disclose to multiple tenants can see the total climb quickly.
A buyer or tenant harmed by a knowing violation can also sue for triple the actual damages, plus attorney fees and court costs. If someone spent money on remediation, medical care, or temporary housing because you concealed known lead hazards, the court can award three times those amounts.11Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property Illinois may impose additional consequences under its own lead poisoning prevention and disclosure statutes. Completing the form honestly takes a few minutes; skipping it can cost six figures.