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South Dakota Lead Based Paint Disclosure for Rental Transaction

State:
South Dakota
Control #:
SD-LEAD2
Format:
Word; 
Rich Text
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Overview of this form

The Lead Based Paint Disclosure for Rental Transaction is a legal document that informs tenants about the potential presence of lead-based paint in residential properties built before 1978. This form is essential for landlords to communicate any known lead hazards to prospective tenants and includes necessary disclosures regarding lead exposure risks. It differs from other rental forms by specifically addressing lead paint safety requirements mandated by federal law.

Key components of this form

  • Property details including address and construction date.
  • Lead warning statement outlining health risks associated with lead exposure.
  • Disclosure section for the landlord to indicate known lead hazards.
  • Section for the tenant to acknowledge receipt of the disclosure and educational pamphlet.
  • Certification of accuracy signed by both parties to confirm the truthfulness of the information provided.
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  • Preview Lead Based Paint Disclosure for Rental Transaction
  • Preview Lead Based Paint Disclosure for Rental Transaction

When to use this form

This form should be used during the rental process of any residential property built prior to 1978. If you are a landlord renting out such a property, you must complete this disclosure to ensure compliance with federal regulations and to inform tenants of any potential health risks associated with lead-based paint. Use this form whenever you are entering into a lease agreement for a property constructed before this date.

Who should use this form

This form is intended for:

  • Landlords renting residential properties built before 1978.
  • Property management firms overseeing such rental transactions.
  • Tenants renting units in older residential buildings.

How to complete this form

  • Identify the property by filling in the street address, city, state, and zip code.
  • Check the appropriate box to disclose whether known lead-based paint or hazards are present.
  • Provide details of any known lead hazards if applicable.
  • List any available records or reports related to lead hazards in the property.
  • Have both parties (lessor and lessee) sign and date the form to certify accuracy.
  • Ensure the tenant receives the EPA pamphlet on lead hazards alongside this disclosure.

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

Typical mistakes to avoid

  • Failing to complete the form for properties built before 1978.
  • Not providing the required EPA pamphlet to tenants.
  • Forgetting to have both parties sign the form.
  • Leaving sections incomplete or providing inaccurate information.

Benefits of using this form online

  • Convenience of downloading immediately in a ready-to-use format.
  • Editability allows landlords to customize the document as needed.
  • Reliability of using a form drafted by licensed attorneys.
  • Easy access to additional resources and educational materials.

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FAQ

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.

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.

Immediately clean up any paint chips you find. Keep play areas clean. Don't let children chew on painted surfaces. Clean dust off of window sills and other surfaces on a regular basis, using a sponge, mop, or paper towels with warm water.

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.

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.

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South Dakota Lead Based Paint Disclosure for Rental Transaction