North Dakota Lead Based Paint Disclosure for Rental Transaction

State:
North Dakota
Control #:
ND-LEAD2
Format:
Word; 
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About this form

The Lead Based Paint Disclosure for Rental Transaction is a legal document required for the rental of residential properties constructed before 1978. This form serves to inform tenants about potential lead-based paint hazards and outlines the obligations of landlords regarding lead safety. Unlike other rental agreements, this disclosure specifically addresses health risks associated with lead exposure and is mandated by federal law for older homes.

What’s included in this form

  • Presence of lead-based paint: Landlords must disclose known risks or state no knowledge of lead hazards.
  • Records and reports: Landlords provide any available documents pertaining to lead hazards.
  • Tenant acknowledgment: Tenants confirm receipt of the disclosure and the EPA pamphlet on lead safety.
  • Agent acknowledgment: Agents ensure compliance with federal disclosure obligations.
  • Certification of accuracy: All parties certify the truthfulness of the information provided.
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When this form is needed

This form should be used whenever a rental agreement is made for a residential dwelling constructed prior to 1978. It is vital during the leasing process to ensure that tenants are aware of any potential lead hazards associated with the property, thereby promoting a safe living environment.

Who should use this form

  • Landlords renting residential properties built before 1978.
  • Property managers acting on behalf of landlords.
  • Tenants looking to understand their rights and safety in relation to lead paint hazards.
  • Real estate agents involved in rental transactions of older properties.

Instructions for completing this form

  • Identify the rental property: Fill in the street address, city, state, and zip code of the rental unit.
  • Check the presence of lead-based paint: Indicate whether there is known lead paint or hazards in the housing.
  • Provide records: List any documents regarding lead hazards available to tenants.
  • Obtain tenant acknowledgment: Have the tenant initial to confirm receipt of the information and EPA pamphlet.
  • Ensure signatures: Both parties must sign and date the form to validate the disclosure.

Notarization requirements for this form

This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

  • Not providing the required EPA pamphlet to tenants.
  • Failing to disclose known lead-based paint hazards.
  • Skipping signatures from both parties, which is necessary for legal validity.
  • Using the form for properties built after 1978, where it is not required.

Advantages of online completion

  • Immediate access to a legally compliant form, ensuring you meet federal requirements.
  • Easy download and editability make it convenient to fill out before the rental agreement.
  • Reliable guidance and clarity from a source developed by licensed attorneys.

Main things to remember

  • The form is required for residential rentals built before 1978.
  • Landlords must inform tenants about lead hazards and provide necessary pamphlets.
  • Both landlord and tenant need to acknowledge and sign the disclosure to ensure compliance.

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FAQ

The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.

Under the Disclosure Rule, any seller or landlord must disclose information concerning lead-based paint and/or lead-based paint hazards when selling or leasing to any prospective purchaser or tenant of residential housing. The residential housing covered by the Disclosure Rule are those units built before 1978.

Federal law requires you to provide certain important information about lead-based paint and/or lead-based paint hazards before a prospective buyer is obligated under a contract to purchase your home.Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule.

As long as the salesperson has informed the sellers or lessors of their obligations to disclose, the salesperson won't be held liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint or lead-based paint hazards known by sellers or lessors but not disclosed to the salesperson, says

The lead-based paint disclosure form is a required form to be issued to all tenants and potential buyers for residential properties built before 1978.The forms were written to warn any new owners or tenants of the potential existence of this within the interior walls of the residence.

The Rule states that if an agent is involved in a transaction to sell target housing, the "Lead Warning Statement" must include a statement signed by the agent that the agent has informed the seller of the seller's legal obligations and that the agent is aware of his/her duty to ensure compliance with the Rule.

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North Dakota Lead Based Paint Disclosure for Rental Transaction