Oregon Lead Based Paint Disclosure for Rental Transaction

State:
Oregon
Control #:
OR-LEAD2
Format:
Word; 
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Understanding this form

The Lead-Based Paint Disclosure for Rental Transaction is a legal document that landlords must provide to tenants when renting any residential property built before 1978. This form serves to inform tenants about potential lead-based paint hazards in the dwelling. It is crucial for ensuring the safety of tenants, particularly young children and pregnant women, as lead exposure can lead to serious health issues. Properties constructed in 1978 or later are exempt from this requirement, but it's recommended to use the form if there is any uncertainty regarding the construction date.

Form components explained

  • Identification of the property and parties involved in the rental agreement.
  • Lead warning statement regarding potential hazards in homes built before 1978.
  • Disclosure of any known lead-based paint and/or related hazards.
  • Acknowledgment section for the lessee confirming receipt of information and the EPA pamphlet.
  • Certification of accuracy section for both lessor and lessee signatures.
  • Instructions for providing an EPA pamphlet on lead poisoning prevention.
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When to use this document

This form is necessary when renting out a residential unit that was constructed before 1978. It protects both the landlord and the tenant by ensuring all parties are aware of the potential presence of lead-based paint. Use this form even if the landlord is unsure about the property’s construction date, as it is better to be cautious. It is also advisable if there are any concerns about lead exposure in the rental unit.

Who should use this form

  • Landlords renting residential properties built before 1978.
  • Tenants who are renting such properties and want to know about lead hazards.
  • Real estate agents representing landlords or tenants in rental transactions.

How to complete this form

  • Identify the property by entering the address details at the top of the form.
  • Check whether there are known lead-based paint hazards or confirm the absence of any such knowledge.
  • Complete the acknowledgment section, confirming that the lessee has received all necessary documents.
  • List any records or reports regarding lead hazards that the lessor has provided to the lessee.
  • Both parties should sign and date the form to verify accuracy and understanding.

Does this form need to be notarized?

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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Typical mistakes to avoid

  • Failing to use the form for properties built before 1978.
  • Not providing the required EPA pamphlet to the tenant.
  • Inadequately completing the disclosure section about known lead hazards.
  • Forgetting to collect signatures from both parties.

Benefits of using this form online

  • Convenient access to legal forms that can be downloaded at any time.
  • Editability allows landlords to customize the document according to their specific situation.
  • Reliable templates drafted by licensed attorneys ensure legal compliance.
  • Quick completion process to facilitate rental agreements.

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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.

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.

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 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.

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.

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Oregon Lead Based Paint Disclosure for Rental Transaction