Lead Paint Disclosure in Texas: Forms, Timing, and Penalties

If you are selling or renting out a Texas home built before 1978, federal law requires you to tell the buyer or tenant what you know about lead-based paint before they sign. Lead paint disclosure in Texas means three things: hand over the EPA’s lead pamphlet, complete a written disclosure form (the Texas Real Estate Commission’s Form OP-L is the standard), and keep a signed copy for three years. Skip it and you can face civil penalties up to $22,263 per violation, plus private lawsuits for triple the buyer’s or tenant’s actual damages.

Which Homes Are Covered

The rule applies to “target housing,” which covers most residential property built before 1978, the year the federal government banned lead-based paint for residential use. In Texas that includes single-family homes, duplexes, apartment buildings, and condominiums constructed before that date.¹

Several categories of pre-1978 housing are exempt:

Housing built for elderly residents or persons with disabilities, as long as no child under six lives or is expected to live there.
Zero-bedroom units such as studios, efficiencies, lofts, and dormitories, again unless a child under six lives or is expected to live there.
Properties sold through foreclosure proceedings.
Leases of 100 days or fewer where no renewal or extension is possible.
Housing where a certified inspector or risk assessor has already confirmed no lead-based paint is present.

The short-term rental exemption catches people out. A vacation rental in a 1920s home does not need a lead disclosure if the lease runs under 100 days with no option to extend. Offer a standard one-year lease on the same property, and the full disclosure rules kick in.¹

What You Have to Disclose

The core duty is to share what you already know. Before the buyer or tenant signs, you must disclose any known lead-based paint or lead-based paint hazards on the property and hand over any reports, test results, or records you have about lead conditions on the premises.² If no testing has ever been done and you have no knowledge of hazards, you say exactly that on the form.

You do not have to go looking for problems. The regulation explicitly states that nothing in it “implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.”² You do not need to hire an inspector or test the paint before selling or leasing. You just have to be honest about what you know. If you had the paint tested five years ago and the report found lead in the kitchen, you must disclose that report. If you have never tested, you check the box that says so.

You also have to share the information with your real estate agent, if you have one. Agents carry their own liability under these rules and cannot help you comply if you are withholding what you know.²

The Forms and Pamphlet You Need

Two documents do the work in every Texas transaction. The first is the EPA’s pamphlet Protect Your Family From Lead in Your Home, which explains the health risks and basic safety precautions for living in a home with lead-based paint. The EPA offers it free on its website in multiple languages.³

The second is a written disclosure form that records what the seller or landlord knows and confirms the buyer or tenant received the pamphlet. The Texas Real Estate Commission publishes Form OP-L for this purpose, formally the “Addendum for Seller’s Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law.”⁴ TREC adopted the form for voluntary use. Another format is legally allowed, but the federal rule still requires the same elements: a Lead Warning Statement, the seller’s disclosure of known hazards, and signed acknowledgments from all parties.⁵ Most Texas real estate professionals use OP-L because it is built to satisfy the federal requirements out of the box.

Selling a Home: Timing and the Inspection Window

Timing matters. All disclosures and the pamphlet must reach the buyer before they become legally bound by the purchase contract. If disclosure happens after an offer is already on the table, the seller must complete the required steps before accepting the offer and give the buyer a chance to review and potentially revise their terms.²

Once the buyer has the disclosure, they get a 10-day window to hire a certified lead inspector or risk assessor to evaluate the property. The parties can agree in writing to a longer or shorter period.⁵ Buyers can also waive the inspection opportunity entirely by indicating so in writing.⁶ In a competitive market some do, to speed the deal along. It is a gamble. If hazards surface after closing, the buyer has already given up the clearest chance to negotiate repairs or walk away.

Every party involved — seller, buyer, and any agents on either side — must sign the acknowledgment sections of the form. Those signatures confirm the pamphlet was delivered, disclosures were made, and the buyer received their inspection opportunity. Sellers, landlords, and agents must keep a signed copy for at least three years from the closing date.⁷

Renting a Home: What Changes for Landlords

Landlords have the same core duties as sellers: provide the EPA pamphlet, disclose known lead hazards, and hand over any available reports. The lease must include a Lead Warning Statement that alerts the tenant to the potential presence of lead-based paint in pre-1978 housing.⁶

The key difference from a sale: tenants do not get the 10-day inspection period. The federal regulation grants that right only to purchasers. Tenants still receive all disclosure documents and the pamphlet, but the law does not build in a pre-lease inspection window. A tenant who wants the property tested has to negotiate that separately with the landlord.

The three-year record-retention requirement applies here too. Landlords and property managers must keep signed disclosure forms for three years from the date the lease begins.⁷

Penalties for Skipping Disclosure

Federal agencies do not treat these as paperwork violations. The EPA and the Department of Housing and Urban Development can impose civil penalties up to $22,263 per violation, an amount that adjusts for inflation periodically.⁸ Each property and each transaction counts as a separate violation, so a landlord who skips disclosure across multiple units can see penalties stack quickly.

Criminal sanctions are also available. Violations can be prosecuted under the Toxic Substances Control Act, which authorizes both civil and criminal enforcement.⁹

Buyers and tenants harmed by a knowing violation can sue for treble damages, meaning three times their actual losses. Actual damages typically include medical bills for lead poisoning treatment, lead abatement costs, and diminished property value. The court can also award attorney fees and expert witness costs to the party who wins.⁶ A $22,263 government fine stacked with a treble-damage lawsuit and attorney fees can turn one skipped disclosure into a six-figure problem.

A Note on Renovations

Disclosure governs what happens when property changes hands. A separate rule, the EPA’s Renovation, Repair, and Painting (RRP) Rule, governs the work itself: any renovation disturbing lead-based paint in a pre-1978 home must be performed by lead-safe certified contractors. It applies to landlords, property managers, and anyone who buys, renovates, and resells homes for profit. It generally does not apply to homeowners doing work on their own home, unless they rent part of it out or operate a child care facility there.¹⁰ If a disclosure reveals lead paint and you decide to deal with it before selling, hire a firm with the appropriate EPA certification for the work involved.

1
U.S. Environmental Protection Agency. Real Estate Disclosures About Potential Lead Hazards
2
eCFR. 40 CFR 745.107 – Disclosure Requirements for Sellers and Lessors
3
US EPA. Protect Your Family From Lead in Your Home (English)
4
Legal Information Institute. 22 Texas Admin Code 537.63 – Standard Contract Form TREC No. OP-L
5
Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
6
eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint Upon Sale or Lease of Residential Property
7
eCFR. 40 CFR Part 745 Subpart F – Section 745.113
8
GovInfo. Civil Monetary Penalty Inflation Adjustment
9
eCFR. 40 CFR 745.118 – Enforcement
10
US EPA. Lead Renovation, Repair and Painting Program