South Carolina Rental Lead Paint Disclosure: Tenant Rights

Before moving into a rental property in South Carolina, it’s important for renters to understand their rights and what landlords must legally disclose—especially concerning lead-based paint and potential hazards in older homes. This guide breaks down what’s required, which official forms matter, and how tenants can protect themselves and their families.

Lead Paint Disclosure Laws for South Carolina Rentals

Federal law requires landlords to give renters specific information about lead-based paint hazards when leasing residential properties built before 1978. These disclosures are designed to help protect tenants—especially young children and pregnant women—from possible lead exposure, which can cause serious health issues.

What Must a Landlord Disclose?

• Known Lead Hazards: If the landlord knows of any lead-based paint or lead-based paint hazards at the property, they must disclose this in writing before a lease is signed.
• Records and Reports: Landlords must provide tenants with any existing records or reports on lead-based paint hazards at the property.
• EPA Pamphlet: Landlords are required to give tenants an official EPA-approved pamphlet called "Protect Your Family From Lead in Your Home."

Landlords and property managers are subject to these requirements whether renting an apartment, house, or condo, as long as it was built before 1978.

Mandatory Lead Disclosure Form

• Form Name: Lead-Based Paint Disclosure Form
• When Used: This form must be filled out and signed by both landlord and tenant before the rental lease is finalized for properties built prior to 1978.
• Official Source: Find the official Lead-Based Paint Disclosure Form (HUD-9548-E) on the HUD website.

Example: If you’re moving into a 1960s apartment in Columbia, your landlord must provide this disclosure form, plus any available inspection reports, before you sign your lease.

Other Hazard Disclosures for Renters

While lead paint is the main hazard with a federally required disclosure in South Carolina, landlords also have responsibilities under the South Carolina Residential Landlord and Tenant Act for keeping rental units safe and fit for living. However, state law does not require other specific written hazard disclosures beyond lead-based paint for most rentals.

Summary Table: What Renters Should Receive

• For properties built before 1978: Lead-based paint disclosure, EPA pamphlet, any known lead hazard reports
• For all properties: Property must be safe and habitable according to South Carolina Code Title 27 Chapter 40 (Residential Landlord and Tenant Act)

Tribunal for Rental Issues in South Carolina

The South Carolina Magistrate Court handles most disputes between renters and landlords, including cases involving disclosure violations.

What If the Required Lead Disclosure is Missing?

• You may have legal options if the landlord fails to provide the necessary lead-based paint disclosures. This could involve reporting them to HUD or filing a complaint with the South Carolina Magistrate Court.
• Speak with an attorney or a tenant advocacy service for assistance in recovering damages or enforcing your rights.

Steps If You Did Not Receive Required Lead Paint Disclosure

• Contact your landlord in writing to request the Lead-Based Paint Disclosure Form and inspection reports, if any.
• If your landlord still does not comply, file a complaint with HUD using the HUD online complaint form.
• If you’ve suffered harm (for example, due to lead exposure), consider seeking legal assistance or pursuing your case in Magistrate Court.

Frequently Asked Questions

1. Do all South Carolina rentals require a lead paint disclosure? No, only rental properties built before 1978 require a lead-based paint disclosure and provision of the EPA pamphlet to tenants.
2. What happens if my landlord doesn't give me a lead paint disclosure? If you do not receive the required disclosure before signing your lease, your landlord may be in violation of federal law. You can file a complaint with HUD or contact the South Carolina Magistrate Court for help.
3. What information should be included in the lead paint disclosure form? The form should confirm if lead paint is present, include any reports, and be signed by both landlord and tenant before the lease starts.
4. Can I break my lease if I discover undisclosed lead paint hazards? You may have rights to terminate your lease if the landlord fails to disclose known hazards or the property is unsafe. Contact legal aid or seek Magistrate Court advice before acting.
5. Where can I get the official lead-based paint disclosure form? You can download the official form from the HUD website.

Conclusion: Know Your Rights Before You Move In

In summary:

• Renters in South Carolina must receive specific lead paint disclosures for properties built before 1978.
• Always review and retain the EPA pamphlet and signed disclosure forms with your lease documents.
• If something seems wrong, contact HUD, the Magistrate Court, or a renter support service for guidance.

Need Help? Resources for Renters

• South Carolina Magistrate Court – handles tenant-landlord disputes
• HUD Lead Disclosure Information
• South Carolina Legal Services – free or low-cost legal advice for renters
• South Carolina Residential Landlord and Tenant Act – official state legislation

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1. EPA Lead-Based Paint Disclosure Rule
2. South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)
3. Official Lead Based Paint Disclosure Form (HUD)
4. SC Magistrate Court

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