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All About Landlord Disclosure Requirements

Updated: Dec 8, 2022

You know you’re responsible for meeting certain standards as a landlord, but did you also know that you’re responsible for specific landlord disclosure requirements when renting to a new tenant?

Landlord disclosure agreements are an essential part of every lease. Failure to provide these disclosures means you could be sued by a tenant or otherwise have your business affected in a severe way.

What disclosures are necessary in your state, and why is it essential to ensure these pamphlets and informational documents are correctly delivered? Learn all that you need to know about required disclosures today.

A Table Of Contents About Landlord Disclosure Requirements

Tenants must be alerted about issues affecting their health or desire to rent a property. From flooding to lead paint to pests, many unknown facts may need to be revealed to tenants. Here’s what you need to know:

  • What Are Landlord Disclosure Requirements?

  • Landlord Disclosures: What You Must Tell Tenants

  • Lead Paint

  • Common State Disclosures

  • State-Specific Disclosure Information

  • California (CA)

  • New York (NY)

  • Texas (TX)

  • Virginia (VA)

  • Florida (FL)

  • Get Ahead On Preparing Required Documents

  • FAQs: More On Landlord Disclosure Requirements

  • What is a landlord required to provide to new tenants?

  • What happens if a landlord does not disclose the necessary information?

  • Where can a landlord be reported if they are not following the necessary disclosure protocol?

  • What must be included in a lead disclosure statement?

  • Can inspections for required disclosures be refused by a tenant or landlord?

  • Don’t Skimp On Disclosures

What Are Landlord Disclosure Requirements?

Local, state, and federal laws require landlords to inform tenants of certain information. These are known as landlord disclosure requirements. If landlords do not provide tenants with the required information before moving in, they can face fines and penalties that will affect their business.

Most of the time, simply including a copy of the disclosure information with the lease or as a section of the lease is enough. In some cases, state law requires specific language to be used or a particular pamphlet to be handed out to tenants. These documents are usually found on the state’s website.

Landlord Disclosures: What You Must Tell Tenants

Disclosures will vary from state to state and property to property. Some disclosures only apply if a certain product was used in the building; others must be given out regardless of the building’s construction.

Lead Paint

There is only one nationwide disclosure tenants must receive when renting an applicable property: the lead paint disclosure.

Federal law requires that most buildings constructed before 1978 are rented only after informing tenants of lead paint risk. These tenants must be provided with pamphlets and forms to ensure they understand what lead paint is and what harm it can cause.

If any previous inspections have been done on the property to check for lead paint, the results should also be included with the disclosure. This includes lead paint that has been abated and removed from the property.

Common State Disclosures

Every state has different disclosure requirements, but some standard disclosures show up in many states across the country:

  • Security deposit disclosure detailing amount, collection, storage, interest, and return

  • Existing damage disclosure via a move-in inspection or checklist

  • Disclosure of how to access applicable landlord-tenant law

  • Registered sexual offender disclosure

  • Flood or fire risk disclosure

  • Safety disclosure on escape routes, sprinkler systems, and other safety measures

  • Environmental hazard disclosures for mold, radon, or bed bugs

  • Smoking policy disclosure

  • Domestic victim violence rights disclosure

State-Specific Disclosure Information

As mentioned, much of the disclosure law you need to be aware of as a landlord is determined at the state level. This means you should research the statues in your area. We’ve gathered statutes from some of the most landlord-heavy states as examples of the type of state laws you may come across.

California (CA)

California statutes exemplify depth and information when it comes to disclosures. More disclosures appear here than in many other states, which can overwhelm some landlords.

These are some of the primary disclosures landlords must provide in the state:

Sexual Offender Database

Landlords must include specific language in their lease agreements about where tenants can find information on registered sex offenders in the state. This enables tenants to see if there are offenders in the area and informs them of how to go about that lookup.

Utility Allocation

Landlords must disclose if the utility fees will go toward other rental units or common areas and how the allocation will occur if applicable.

Toxic Mold Disclosure

Prospective, current, and future tenants must be told if there is any known toxic mold in dangerous amounts within the building. Additionally, all landlords must provide prospective tenants with a pamphlet from the state about the risks of mold.

Pest Control Services

Any landlord utilizing pest service treatments must disclose the type and reason for treatment, and the active ingredients used in the treatment. Additionally, they must share the risks of pesticides as outlined by the state.

Additional Disclosures

Additional disclosures apply under California law, including flood disclosure, bed bug disclosure, and even a provision about disclosing any deaths on the property in the last three years. California landlords have a lot to keep track of when generating disclosures.

New York (NY)

The disclosures in New York aren’t as thorough as those in California, but landlords in New York City will have a few additional local ordinances to follow.

Some of the common disclosures seen alongside New York leases include:

  • A certificate of occupancy provided or displayed to prove the property is fit for residential use

  • Lease sprinkler disclosure if it exists and when it was last serviced

  • Complete list of move-in inspection items after lease signing, if requested by the tenant

  • Bedbug disclosure form (New York City only)

Texas (TX)

Two primary disclosures must be made to tenants in Texas.

First, Texas law requires that landlords disclose how much is withheld from their security deposit and why it was kept, alongside detailed information about the expenses. The landlord faces hefty fines and fees if this isn’t done within 30 days of move-out.

Texas law also requires landlords to identify themselves in the lease agreement. Your name and address, as well as the full name and address of any representing management firms, must be included. This ensures the tenant is fully aware of who is in charge of the property.

Virginia (VA)

Virginia landlord disclosures include the following:

  • Move-in checklist detailing the condition of the property

  • Identifying information for the landlord and any authorized property managers acting on their behalf

  • Any evidence of mold at the property

  • Statement of tenant rights and responsibilities

If any of these forms are not correctly given to the tenant, the landlord cannot evict the tenant until these disclosures are properly processed.