Lead Paint Disclosures: Oklahoma Renters’ Rights & Landlord Duties

Renting a home in Oklahoma comes with certain protections and responsibilities, especially when it comes to health and safety hazards like lead-based paint. Federal and state laws require landlords to inform renters about known lead hazards in older properties. Understanding these rules can help you protect your health and ensure your landlord follows the law.

Who Needs a Lead Paint Disclosure in Oklahoma?

Lead-based paint was widely used in homes built before 1978. If you are renting a property in Oklahoma constructed before that year, your landlord is legally required to provide specific lead hazard information before you sign the lease.

• Properties built before 1978: Landlords must follow lead disclosure laws for these rentals.
• Properties built after 1978: No lead paint disclosure is required.

What Must Oklahoma Landlords Disclose?

Before you sign a lease for most residential rentals built before 1978, the landlord must:

• Disclose any known information regarding lead-based paint or lead hazards in the property.
• Provide you with the official EPA pamphlet, "Protect Your Family from Lead in Your Home".
• Share records or reports they have about lead-based paint hazards in the unit or building.
• Have both landlord and renter sign a Lead-Based Paint Disclosure Form and attach it to the lease agreement.

This rule applies to most rental homes and apartments, but there are a few exceptions (like short-term rentals of 100 days or less, or certain certified lead-free buildings).

Required Lead Paint Disclosure Form for Oklahoma Rentals

Lead-Based Paint Disclosure Form (EPA Form 402-E-008)

This form is the official document used to confirm that a landlord has provided necessary lead paint hazard disclosures to renters. It must be signed and dated by both you and your landlord before the lease is finalized.

• When do you need it? If you are renting a home or apartment built before 1978.
• How is it used? Before signing your lease, ask to review and sign this form. Your landlord should also give you a copy to keep for your records.
• View or download the official EPA Lead-Based Paint Disclosure Form here.

Practical Example

Suppose you are moving into an apartment building constructed in 1975. Your landlord must give you the "Protect Your Family from Lead in Your Home" booklet, fill out and sign the Lead-Based Paint Disclosure Form with you, and provide copies of any lead paint test results they have. If your landlord skips any step, they are not following the law, and you have the right to request proper disclosure.

What If My Landlord Does Not Disclose Lead Hazards?

If your landlord does not comply with lead paint disclosure requirements, you have several options:

• Ask your landlord in writing to provide the correct form and EPA booklet.
• Contact the Oklahoma State Department of Health (Lead-Based Paint Program) if you believe your rental has unsafe lead hazards or if disclosures are missing.
• You may also file a complaint with the U.S. Environmental Protection Agency (EPA).

Relevant Oklahoma Tenancy Law

The Oklahoma Residential Landlord and Tenant Act (Okla. Stat. tit. 41 §§ 101-136) outlines general rights and responsibilities for landlords and renters. Lead paint disclosure is governed by both this state law and federal law under Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act.

Questions or disputes about tenant rights are handled by the Oklahoma District Court in your county (as Oklahoma does not have a single statewide housing tribunal).

FAQ: Lead Paint and Hazard Disclosures in Oklahoma Rentals

1. Does my landlord have to test for lead paint in Oklahoma?
   No. Landlords are not required to test for lead paint, only to disclose known hazards and provide the EPA booklet for rentals built before 1978.
2. What should I do if I wasn’t given the Lead-Based Paint Disclosure Form?
   Ask your landlord to complete the disclosure form immediately. If they refuse, you can contact the Oklahoma State Department of Health or the EPA for assistance.
3. Can I break my lease if lead hazards aren’t disclosed?
   If your landlord fails to provide required lead disclosures, you may have grounds to end your lease or seek legal remedies. Consider talking with legal aid before taking action.
4. Are there penalties for landlords who don’t follow lead disclosure laws?
   Yes. Landlords can face civil fines and legal liability for failing to disclose known lead hazards or provide correct forms.
5. What buildings are exempt from lead disclosure rules?
   Homes built after 1978, short-term leases (100 days or less), certain senior housing, and units certified free of lead-based paint are generally exempt.

Key Takeaways for Oklahoma Renters

• If you rent a property built before 1978, you have the right to receive a lead hazard disclosure and official EPA booklet before signing your lease.
• Both state and federal law protect renters by requiring landlords to be upfront about known lead-based paint hazards.
• If your landlord fails to provide this information, you can request it in writing and seek help from Oklahoma authorities or the EPA if needed.

Need Help? Resources for Renters

• EPA: Protect Your Family from Lead in Your Home Booklet
• Oklahoma State Department of Health – Lead-Based Paint Program: Guidance, testing, and complaint resources
• Oklahoma Bar Association Public Resources for free or low-cost legal help
• Oklahoma District Courts for filing tenancy-related complaints
• EPA: Tenants' Rights – Lead-Based Paint Disclosure

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1. Federal EPA Lead Paint Disclosure: EPA Disclosure Rule Section 1018
2. Official EPA Lead-Based Paint Disclosure Form: EPA Form 402-E-008
3. Oklahoma Residential Landlord and Tenant Act: Okla. Stat. tit. 41 §§ 101-136
4. Oklahoma State Department of Health Lead Program: Lead-Based Paint Program
5. Oklahoma District Court Civil Docket: Oklahoma District Courts

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