Oregon Lead Based Paint Disclosure for Rental Transaction

State:
Oregon
Control #:
OR-LEAD2
Format:
Word; 
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What is this form?

The Lead Based Paint Disclosure for Rental Transaction is a legal document required for renting homes built before 1978. This form informs tenants about potential lead-based paint hazards, which can pose health risks, especially to young children and pregnant women. Unlike other rental agreements, this disclosure ensures compliance with federal laws regarding lead paint exposure, making it essential for landlords and tenants in applicable properties.

What’s included in this form

  • Lead Warning Statement: Details the risks associated with lead-based paint.
  • Disclosure of Information: Section to indicate presence or absence of known lead hazards.
  • Records and Reports: Confirms if relevant documents regarding lead paint are provided.
  • Lessee Acknowledgment: Confirms tenant's receipt of information and EPA pamphlet.
  • Certification of Accuracy: Ensures that the information provided is truthful and defendable legally.
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Situations where this form applies

This form should be used when renting residential properties constructed before 1978. It is particularly necessary when landlords are unsure about the property's construction date or when they know there are lead-based paint hazards. Completing this form is a legal requirement before executing a rental agreement, ensuring both parties are informed about potential risks.

Who can use this document

  • Landlords renting properties built prior to 1978.
  • Tenants looking to rent residential units from landlords who must comply with lead disclosure laws.
  • Real estate agents acting on behalf of landlords or tenants in rental transactions involving older homes.

Steps to complete this form

  • Identify the parties: List the names of the landlord and tenant involved in the rental transaction.
  • Specify the property: Enter the complete address of the dwelling unit.
  • Check the disclosure: Indicate whether lead-based paint or hazards are present or if there is no knowledge of such issues.
  • Provide records: Confirm whether any reports or documentation about potential lead hazards are available.
  • Complete acknowledgments: Ensure both the landlord and tenant sign and date the form, acknowledging receipt of information.

Does this document require notarization?

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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Common mistakes

  • Failing to provide the form when renting a pre-1978 property.
  • Not checking the box regarding knowledge of lead-based paint hazards.
  • Neglecting to include the mandatory EPA pamphlet.
  • Forgetting to obtain signatures from both parties on the form.

Benefits of using this form online

  • Convenience: Download and complete the form from home at your convenience.
  • Editability: Customize fields according to the specific rental situation.
  • Reliability: Access forms prepared by licensed attorneys ensuring your disclosure meets legal standards.

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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