South Dakota Rental Lead Paint Disclosure Rules Explained

Moving into a new rental in South Dakota is exciting, but it's important to know whether your unit may pose any health risks—especially hazards like lead-based paint. State and federal law require landlords to give renters specific disclosures about lead paint and related dangers to help keep you and your family safe. Here, we break down the lead paint and hazard notification rules for South Dakota rentals and what they mean for you.

What Are Lead Paint Disclosure Laws?

Lead-based paint was widely used in homes until it was banned for residential use in 1978 due to health risks, especially to children and pregnant women. Federal law, under the Residential Lead-Based Paint Hazard Reduction Act, mandates certain disclosures for rentals built before 1978. South Dakota's landlord-tenant laws incorporate these federal requirements.

Who Must Provide a Lead Paint Disclosure?

If you are renting a home or apartment built before 1978, your landlord is required by law to:

• Disclose any known information about lead-based paint and hazards in the unit or common areas
• Provide you with the official federal pamphlet: "Protect Your Family from Lead in Your Home"
• Give you a completed Lead-Based Paint Disclosure Form before you sign the lease

Official Forms and How They Are Used

• Lead-Based Paint Disclosure Form (EPA/HUD Sample Disclosure Form)
  
  • Purpose: Documents the landlord’s disclosure about known lead-based paint or hazards in the property.
  • When Used: Before lease signing for all rental units built before 1978.
  • How to Use: Review the form with your landlord before signing the lease. The landlord and tenant must both sign and date the form. This protects your rights and provides crucial health information.
  • View the official Lead-Based Paint Disclosure Form (EPA)
• EPA Pamphlet: "Protect Your Family from Lead in Your Home"
  
  • Purpose: Offers important facts and safety advice on lead risks for renters and families.
  • When Used: Provided to you by the landlord at the same time as your lease for any pre-1978 unit.
  • Read the EPA safety guide here

Your Rights and What Happens If Laws Aren’t Followed

If the landlord fails to provide proper disclosure or gives false information, these are the possible outcomes:

• You may be able to break your lease or seek damages through the civil courts
• Landlords can face fines and legal penalties for violating federal lead disclosure rules
• You may report violations to the South Dakota Department of Agriculture & Natural Resources or EPA

The South Dakota Unified Judicial System is where small claims and civil complaints relating to landlord-tenant disputes are handled in the state.

Relevant South Dakota Law

While South Dakota does not have separate state-specific lead disclosure statutes, general rental agreements are covered by the South Dakota Codified Laws, Title 43, Chapter 32 (Landlord and Tenant) in addition to federal lead hazard rules.

What Renters Should Do If Disclosure Is Missing

• Ask the landlord directly for the Lead-Based Paint Disclosure Form if not provided
• Do not sign a lease for a pre-1978 unit until you receive all required documents
• Keep copies of all signed disclosure forms and pamphlets for your records
• If your landlord refuses or you suspect undisclosed hazards, contact the South Dakota Unified Judicial System or EPA for support

FAQs: Lead Paint Disclosures for South Dakota Renters

1. What properties need a lead paint disclosure in South Dakota?
   Any rental property built before 1978 must have a lead-based paint disclosure form provided to you before you sign the lease.
2. What should I do if my landlord didn’t give me a lead disclosure form?
   Request the form in writing. If the landlord refuses, contact the South Dakota Unified Judicial System or EPA to file a complaint.
3. Can I break my lease if there is undisclosed lead in my rental?
   Depending on the situation and court findings, you may have legal reasons to break your lease and possibly seek damages.
4. What is the penalty for landlords who fail to disclose lead hazards?
   Landlords can face civil penalties, fines, and may be liable for tenant harm if disclosure isn’t properly made.
5. Are there other hazard disclosures required in South Dakota?
   Other than lead, South Dakota law requires disclosure on less frequent hazards, so always review any additional forms or safety notices provided.

Need Help? Resources for Renters

• South Dakota Unified Judicial System (handles residential tenancy disputes and small claims)
• South Dakota Department of Agriculture & Natural Resources (environmental and health inquiries)
• U.S. Environmental Protection Agency – Lead Information (federal requirements and complaint contacts)
• HUD Office of Lead Hazard Control and Healthy Homes (lead disclosure enforcement and tenant information)

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1. Residential Lead-Based Paint Hazard Reduction Act (Title X) – EPA official overview
2. EPA Lead-Based Paint Disclosure Sample Form
3. South Dakota Codified Laws, Title 43, Chapter 32 (Landlord and Tenant Legislation)
4. South Dakota Unified Judicial System (State Tribunal for Tenancies)

• Lead paint disclosure is required for all pre-1978 rental units in South Dakota.
• Always receive and keep the lead disclosure form and EPA pamphlet before signing a lease.
• Report any violation to the Unified Judicial System or EPA to protect your rights and health.

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