Lead Paint Disclosure Laws for Renters in South Carolina

Many rental homes and apartments in South Carolina were built before 1978, when the use of lead-based paint was still common. Lead is a dangerous substance—especially for children and pregnant women—because it can harm the brain and nervous system if dust or chips are inhaled or swallowed. If you're renting, it's important to know your legal rights and options to protect your family from possible exposure.

Lead-Based Paint in South Carolina Rentals: What Are Your Rights?

Federal and state laws protect renters by requiring landlords to follow strict health and safety standards when it comes to lead paint hazards. If you rent an apartment or house built before 1978, your landlord must take specific steps before you sign a lease.

What Must Landlords Disclose?

• Lead-Based Paint Disclosure: Landlords must provide tenants with a Lead-Based Paint Disclosure Form (EPA/HUD Form) before you sign your lease.
• Information Pamphlet: You must also receive the official EPA pamphlet, Protect Your Family from Lead in Your Home, which explains the risks and how to prevent exposure.
• Known lead hazards: Landlords must tell you about any known lead-based paint or lead hazards in the property, and share any reports available.

These requirements apply to most rental housing built before 1978. Some exceptions exist—such as for short-term stays, or units certified as lead-free—but most residential renters are covered.

What Can Happen If Lead Hazards Are Not Addressed?

If lead-based paint is peeling, chipping, or deteriorating, it creates health risks. Children are especially vulnerable. If you notice signs of lead paint hazards, notify your landlord in writing. In South Carolina, landlords are required by the South Carolina Residential Landlord and Tenant Act to maintain rental units in a safe and habitable condition.¹

• If the landlord ignores clear health and safety problems, you may have the right to report the issue to local code enforcement or public health authorities.
• You might also be able to file a formal complaint if repairs are not completed within a reasonable time.

Official Forms for Renters in South Carolina

• Lead-Based Paint Disclosure Form (EPA/HUD Form)
  Download the EPA Disclosure Form.
  When to use: The landlord must provide this to you before you sign a lease for any property built prior to 1978. As a renter, keep a copy for your records. If the landlord does not provide it, ask before moving in.
• EPA Pamphlet: Protect Your Family from Lead in Your Home
  Access the pamphlet here.
  When to use: This must be given to every new renter as part of the leasing process so you understand lead risks and prevention.

If You Suspect Lead Hazards: What to Do

If you discover chipping paint or think lead hazards exist, you have several options:

• Document the problem with photos and written notes.
• Notify the landlord in writing so there is a record of your complaint and request for repair.
• If unresolved, contact your local code enforcement office or local health department. Find your county's offices on the South Carolina Department of Health and Environmental Control (DHEC) Lead Program page.

If a lease or rental agreement dispute escalates, you may bring your case before the Small Claims Court in South Carolina—this court typically hears tenant-landlord disputes. For official guidance, visit the South Carolina Judicial Department website.

FAQ: Lead Paint and South Carolina Renter Rights

1. Do all rental homes in South Carolina have to comply with lead disclosure rules?
   Most rental properties built before 1978 must follow these rules. There are rare exceptions, such as for short-term rentals or certified lead-free units.
2. What should I do if my landlord does not provide a Lead-Based Paint Disclosure Form?
   Politely request the form before signing your lease. If the landlord refuses, consider reporting the issue to the local code enforcement or health department.
3. Can I break my lease if my apartment has hazardous lead paint?
   You may have the right to terminate your lease if the unit is unsafe and the landlord will not make required repairs. Document all communications and seek legal advice before acting.
4. Are landlords required to remove all lead paint?
   Landlords aren’t always required to remove all lead paint, but they must address any lead hazards and inform tenants of known issues.
5. How do I get my child tested for lead exposure?
   Contact your local health department or your child's doctor. Testing is simple and may be free through some public programs.

Conclusion: What Every SC Renter Should Know

• Landlords must provide a disclosure form and lead safety pamphlet for rentals built before 1978.
• Always report peeling or damaged paint. Put your requests in writing and keep records.
• South Carolina laws and federal rules work together to help keep tenants safe from lead hazards.

Understanding these steps can help you protect your loved ones and assert your rights during any rental process.

Need Help? Resources for Renters

If you need more help or want to report a lead hazard, start here:

• HUD South Carolina: Renting and Local Assistance
• South Carolina Department of Health and Environmental Control (Lead Program)
• South Carolina Residential Landlord and Tenant Act (Official Law)
• South Carolina Judicial Department – Landlord & Tenant Court Information
• If you need legal help, contact South Carolina Legal Services for free or low-cost advice.

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1. South Carolina Residential Landlord and Tenant Act
2. EPA – Lead-Based Paint Real Estate Disclosure
3. South Carolina DHEC – Lead Resources

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