Required Lease Disclosures by State: Lead Paint, Flood Risk, Mold, Bed Bugs and More

Most of the growth is recent. Oklahoma had a law in 1986, but the count only reached 11 after Florida and Illinois joined in 2025.

Having a law is not the same as getting the full picture. Only 6 of the 11 states require any flood insurance information, so a renter in the others may never hear that their belongings are not covered.

Building age makes a big difference. In HUD's 2018 to 2019 survey, 85.4% of homes built before 1940 had lead paint somewhere, against 6.5% of homes built from 1978 to 2017.

The share has dropped in each of the three national surveys, but at 29.4% in the 2018 to 2019 survey it is still close to a third of the stock.

The cap started at $10,000. After inflation adjustments it is $22,263 per violation for penalties assessed on or after January 8, 2025.

State laws requiring landlords to disclose flood risk to residential tenants

Source: Harvard Joint Center for Housing Studies, Renter Flood Disclosure Laws 2026 (Figure 1 interactive map and data); California Legislative Information, California Government Code § 8589.45; Texas Legislature, Texas Property Code § 92.0135, Notice for Dwelling Located in Floodplain; The Florida Legislature, Florida Statutes § 83.512, Disclosure of flood risks to prospective tenant of residential real property; New York State Senate, New York Real Property Law § 231-b, Flood disclosure in residential leases; Washington State Legislature, Substitute Senate Bill 6237, Rental Property: Flood Disclosures (Chapter 234, Laws of 2026), amending RCW 59.18.060. Download as image

Other required lease disclosures: lead paint, bed bugs, mold and radon (selected laws)

Source: U.S. Environmental Protection Agency, Real Estate Disclosures about Potential Lead Hazards; California Legislative Information, California Civil Code § 1954.603 (Bed Bug Infestations); Arizona State Legislature, Arizona Revised Statutes § 33-1319, Bedbug control; landlord and tenant obligations; Maine Legislature, Maine Revised Statutes Title 14, § 6021-A, Treatment of bedbug infestation; Virginia General Assembly (LIS), Code of Virginia § 55.1-1215, Disclosure of mold in dwelling units; Washington State Legislature, Substitute Senate Bill 6237, Rental Property: Flood Disclosures (Chapter 234, Laws of 2026), amending RCW 59.18.060; The Florida Legislature, Florida Statutes § 404.056(5), Notification on real estate documents (radon). Download as image

Renter flood risk disclosure law by state

• 4Must disclose flood map status and flood history
• 4Must disclose flood map status
• 3Must disclose flood history
• 1Enacted 2026, applies to leases after Dec 31, 2026
• 38No renter flood disclosure law

What disclosures does every landlord have to give?

Only one federal disclosure applies across the whole country: lead-based paint. If the home was built before 1978, the rule covers most leases. A downtown apartment counts. So does one half of a duplex owned by a retired teacher.

The landlord has to hand over the EPA lead pamphlet, tell you about any lead paint or hazards they know of, give you any reports or records they hold, and include a Lead Warning Statement in the lease. They must keep the signed disclosure for three years. Notice what is missing: the rule does not require testing. A landlord who never looked can truthfully say they know of nothing.

There is one exemption you will see in short-term rentals. Leases of 100 days or less, with no possible renewal or extension, are outside the rule. A month-to-month tenancy that can roll over is not short-term under this test.

The risk is not theoretical. HUD's latest survey (2018 to 2019) found lead paint in 28.1% of renter-occupied homes, and in 85.4% of homes built before 1940. If you have young children, ask for the year the building was built before you ask about parking.

Which states require landlords to disclose flood risk?

By the end of 2025, 11 states required landlords to tell renters something about flood risk. Washington passed a twelfth law in 2026, and it applies to leases entered into after December 31, 2026. That leaves most of the country with no renter flood rule at all, even though Harvard's Joint Center for Housing Studies cites an estimated 2.4 million occupied rental units in FEMA Special Flood Hazard Areas.

The laws differ a lot. Texas makes landlords say whether the unit is in a floodplain and whether it flooded at least once in the 5 years before the lease, though leases under 30 days are exempt. New York covers 100-year and 500-year floodplain status plus known prior flood damage. Florida's notice applies to rental agreements of 1 year or longer and must be a separate document. California's floodplain disclosure turns on what the owner actually knows.

Here is why it matters. Renters insurance usually excludes flood. If your landlord tells you the building sits in a flood zone, you can price a separate flood policy, pick a higher floor, or keep the home office equipment off the ground. If nobody tells you, you find out after the water comes in.

This hits harder if you work from home. A freelancer with a desktop, a printer and client files in a ground-floor unit can lose a month of income along with the furniture. Before you sign, ask the landlord directly whether the unit has ever flooded, and get the answer in writing. In a state with no flood law, that question is often the only disclosure you will get.

Do landlords have to disclose mold, bed bugs or radon?

Sometimes, depending on the state. These rules are scattered and specific, so read the exact wording for where you live.

On bed bugs, California has required a written notice before every new tenancy since July 1, 2017, printed in at least 10-point type. Arizona requires landlords to give educational materials and bars renting a unit they know is infested. Maine requires disclosure if a neighboring unit is infested or being treated, and on request the last date the unit was inspected and found clear.

Mold rules are thinner. Virginia requires the move-in inspection report to say whether there is visible mold, and the tenant can end the lease if there is. Washington requires landlords to hand new tenants state health department information on indoor mold. Florida takes a different route on radon: a statutory notice must appear on at least one document at or before signing.

In states with no specific law, general landlord-tenant rules on habitability and honest dealing still apply. A landlord who hides a known problem can still face a claim. A disclosure statute just makes the duty clearer.

What happens if a landlord skips a required disclosure?

For lead paint, the federal penalty can reach $22,263 per violation for penalties assessed on or after January 8, 2025. Tenants can also have private remedies under the federal statute. State penalties vary widely, and some laws give the tenant a specific right, like Virginia's option to terminate when mold is present at move-in.

If you rent out a unit yourself, even as a side business, treat disclosures as part of the lease package rather than an afterthought. Use the official forms, attach them to the lease, have the tenant sign, and keep copies well past the three-year federal minimum. Missing paperwork can sink a small landlord in a dispute that should have been easy.

If you are the tenant and something required is missing, ask for it in writing before you sign. A landlord who supplies it promptly has told you something useful. One who refuses has told you something too.

A short pre-signing checklist

• Ask when the building was built. If it is pre-1978, expect the lead pamphlet, a Lead Warning Statement and any known reports.
• Look your state up on the map above. If it has a flood law, check that the notice covers flood map status, flood history or insurance as the statute requires.
• Check the FEMA flood map for the address yourself, even in states with no renter flood rule.
• Read your renters insurance policy for a flood exclusion and decide whether you need a separate policy.
• In California, Arizona or Maine, look for the bed bug notice or materials. In Virginia, look at the mold line on the move-in report.
• Make sure the disclosures are signed and attached to your copy of the lease, not just mentioned in an email.
• Watch for lease wording that says you accept the unit as is or waive claims about its condition. Those clauses do not cancel a statutory disclosure duty.

Sources and method

Every number on this page comes from the sources below, each opened and read on or before October 18, 2026. A second, independent review checked every figure against its source and corrected anything that did not match. 50 of 51 state entries were confirmed; any that could not be are marked "Not yet confirmed" and left out of every count and chart.

1. Harvard Joint Center for Housing Studies (Steve Koller, Maddie Miller), More States Requiring Landlords to Disclose Flood Risk, but Laws Vary Nationwide (February 18, 2026)
2. Harvard Joint Center for Housing Studies, Renter Flood Disclosure Laws 2026 (Figure 1 interactive map and data) (Map last updated February 17, 2026)
3. Washington State Legislature, Substitute Senate Bill 6237, Rental Property: Flood Disclosures (Chapter 234, Laws of 2026), amending RCW 59.18.060 (Approved March 27, 2026; effective June 11, 2026)
4. California Legislative Information, California Government Code § 8589.45 (Added by Stats. 2017, Ch. 502 (AB 646); current text read October 2026)
5. Texas Legislature, Texas Property Code § 92.0135, Notice for Dwelling Located in Floodplain (Current text read October 2026)
6. The Florida Legislature, Florida Statutes § 83.512, Disclosure of flood risks to prospective tenant of residential real property (Current text read October 2026)
7. New York State Senate, New York Real Property Law § 231-b, Flood disclosure in residential leases (Current text read October 2026)
8. U.S. Environmental Protection Agency, Real Estate Disclosures about Potential Lead Hazards (Last updated May 27, 2026)
9. U.S. Environmental Protection Agency (Code of Federal Regulations, via GovInfo), 40 CFR 19.4, Statutory civil monetary penalties, as adjusted for inflation, and tables (CFR edition July 1, 2025 (amended 90 FR 1377, January 8, 2025))
10. U.S. Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes, American Healthy Homes Survey II Lead Findings (October 29, 2021)
11. California Legislative Information, California Civil Code § 1954.603 (Bed Bug Infestations) (Added by Stats. 2016, Ch. 599 (AB 551), effective January 1, 2017)
12. Arizona State Legislature, Arizona Revised Statutes § 33-1319, Bedbug control; landlord and tenant obligations (Current text read October 2026)
13. Maine Legislature, Maine Revised Statutes Title 14, § 6021-A, Treatment of bedbug infestation (PL 2009, c. 566; current text read October 2026)
14. Virginia General Assembly (LIS), Code of Virginia § 55.1-1215, Disclosure of mold in dwelling units (Current text read October 2026)
15. The Florida Legislature, Florida Statutes § 404.056(5), Notification on real estate documents (radon) (Current text read October 2026)