Cal. Civ. Code § 460.725
Tenant Lead Law Notification and Disclosure
Operative Text
(A) Effective September 1, 1995, prior to entering into a tenancy agreement, the owner or managing
agent of a residential premises or dwelling unit built prior to 1978 shall disclose to the prospective
tenant of that residential premises or dwelling unit any information and documentation about lead
hazards known to the owner, including the location of paint, plaster or other accessible structural
materials containing dangerous levels of lead, and such locations that have been covered or
encapsulated. The documentation to be provided the prospective tenant in this regard shall consist of
the following, pursuant to M.G.L. c. 111, § 197A(d):
(1) Two copies of the Tenant Lead Law Notification/Tenant Certification form issued by the
Director, with the Tenant Certification form to be completed and signed by both the prospective
tenant and the owner or managing agent. One copy of this form is to be retained by the prospective
tenant and the other copy is to be retained by the owner or managing agent;
(2) A copy of any Letter of Full Compliance or Letter of Interim Control issued for the dwelling
unit;
(3) A copy of the most recent lead inspection report or risk assessment report for the dwelling
unit and the common areas or exterior surfaces of the residential premises in which the dwelling unit
is located, if an inspection or risk assessment has been performed.
(B) If the owner or managing agent has provided the prospective tenant with the required
documentation, but the prospective tenant refuses to sign the Tenant Certification form, the owner or
managing agent may check off the statement in the Tenant Certification form stating that he or she has
provided the required documentation, but the prospective tenant refused to sign the Tenant Certification
form.
(C) The owner or managing agent may voluntarily incorporate in a written lease agreement, or use a
preprinted written lease incorporating, the Tenant Lead Law Notification/Tenant Certification form
issued by the Director. When incorporated as a provision of the lease, the contents of the Tenant Lead
Law Notification/Tenant Certification form must be reproduced, in unaltered form, in their entirety. In
no case may the words be amended, the information rearranged or reordered, or the type size reduced
from that which appears in the Tenant Lead Law Notification/Tenant Certification form issued by the
Director.
(D) An owner or managing agent of elderly housing, including retirement communities or similar types
of housing reserved for persons 62 years of age or older may modify the manner in which notification,
disclosure and certification are conducted pursuant to 105 CMR 460.725(A), upon approval of the
Director.
(E) An owner who complies with the Short-Term Vacation or Recreational Rental Exemption
pursuant to 105 CMR 460.100(D) is exempt from the requirements of 105 CMR 460.725. An owner
of a dwelling unit having fewer than 250 square feet of floor space, calculated on the basis of total
habitable room area, or which is used as a rooming house; provided that no child younger than six years
old occupies said dwelling unit, is exempt from the requirements of 105 CMR 460.725.Under 105 Mass. Code Regs. § 460.725, owners or managing agents of residential properties built before 1978 must share all known lead-hazard information with prospective tenants before a tenancy begins. This includes completing a state-issued Tenant Lead Law Notification/Tenant Certification form, providing copies of any compliance letters, and supplying the most recent lead inspection or risk assessment reports. Certain short-term vacation rentals and small units without young children may qualify for exemptions from these requirements.
Plain English — not legal advice.
Operators of pre-1978 residential properties subject to 105 Mass. Code Regs. § 460.725 generally obtain the Director-issued Tenant Lead Law Notification/Tenant Certification form, complete it with the prospective tenant, and retain a signed copy before the tenancy begins. Compliant operators also provide copies of any Letters of Full Compliance or Interim Control and the most recent lead inspection or risk assessment reports. If a prospective tenant refuses to sign, the regulation permits the owner or managing agent to note that refusal on the certification form rather than leaving the disclosure undocumented.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 105 Mass. Code Regs. § 460.725, prospective tenants of pre-1978 housing are entitled to receive lead-hazard disclosures, a completed Tenant Lead Law Notification/Tenant Certification form, and any available inspection or compliance documents before signing a lease. Tenants who did not receive these materials may have grounds to raise a disclosure violation, file a complaint with a relevant state or local agency, or consult a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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