South Dakota Renters: Lead Paint Disclosure & Health Rights

Lead-based paint is a serious health hazard, especially for families with young children or pregnant members. If you rent a home or apartment built before 1978 in South Dakota, understanding your rights and your landlord’s responsibilities is vital. This article walks you through what South Dakota law says about lead paint in rentals, how disclosures work, and what steps you can take to protect your family.

Lead-Based Paint Laws for South Dakota Rentals

Federal law requires landlords of most properties built before 1978 to disclose known information on lead-based paint and lead hazards before renting. South Dakota law aligns with these federal standards, giving renters valuable protections.

• Landlords must give renters the EPA-approved lead hazard information pamphlet ("Protect Your Family from Lead in Your Home").
• They must also provide any known details or records about lead-based paint or hazards in the unit.
• You have a right to receive the federal Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form before renting.

These disclosure laws apply to homes, apartments, and most housing types built before 1978. Exemptions exist for housing for those with disabilities, the elderly (unless children live there), and short-term leases of 100 days or less.

How to Recognize Lead-Based Paint Hazards

Lead paint hazards are not always obvious. Risks increase if paint is peeling, chipping, or disturbed during repairs. Lead exposure can cause serious health issues like developmental problems in children and pregnancy complications.

• Watch for paint dust, flakes on floors, or areas where paint is worn or damaged.
• Ask your landlord about the history of renovations or paint testing in your unit.
• If you're worried, you can order a professional lead inspection. The South Dakota Department of Agriculture & Natural Resources can help you find certified professionals.

Your Rights as a Renter in South Dakota

The federal Lead Disclosure Rule ensures renters are informed of any lead-based paint hazards. In addition, the key South Dakota law governing rental health and safety is the South Dakota Codified Laws Chapter 43-32—Landlord and Tenant.¹

• Your landlord must notify you about known lead-based paint hazards as part of the rental agreement.
• If you have concerns about peeling paint or possible lead exposure, you can request repairs. Document all communications in writing.
• If the landlord fails to address a serious lead hazard, you may file a complaint with the South Dakota Department of Social Services or contact your county health department for help.

Key Official Forms: What You Need to Know

• Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (EPA Form):
  • When is it used? Your landlord must provide this form before you sign a lease on any property built before 1978.
  • How is it used? Review the information, ensure both you and the landlord sign it, and keep a copy for your records.

If you suspect your landlord is not following disclosure laws or have health concerns because of lead paint, you may submit a complaint to the EPA Lead Violation Reporting Form.

What To Do If You Identify a Lead Risk

If you discover peeling paint or potential lead hazards, act promptly to protect your household:

• Notify your landlord in writing about the condition and request repairs.
• Contact local health authorities if you do not receive a timely response.
• Document all concerns and communications. Take clear photos of any problem areas.

In extreme situations, you may have the right to seek remedies under South Dakota tenant laws if repairs are not made.

Where to Go with Unresolved Issues

If you have an unresolved dispute about lead paint hazards, the main authority is the South Dakota Department of Social Services. For possible legal proceedings, tenant issues can also be addressed in South Dakota Circuit Courts.

1. Do landlords always have to tell me about lead paint?
   Federal and South Dakota law require landlords to disclose any known lead-based paint or hazards in properties built before 1978. You should receive an official disclosure form and the EPA information pamphlet before signing a lease.
2. What should I do if my landlord won’t fix peeling lead paint?
   First, put your concerns in writing to the landlord. If repairs are not made, contact your local health department or the South Dakota Department of Social Services. Document everything for your records.
3. How do I get a lead inspection in South Dakota?
   You can contact the South Dakota Department of Agriculture & Natural Resources for information on certified lead inspectors. Testing is strongly recommended if you suspect lead paint hazards, especially with small children at home.
4. Are all rental units covered by lead disclosure rules?
   Most rentals built before 1978 are covered. Some exceptions exist for short-term or certain elderly/disabled housing, but the vast majority of family rentals must comply with federal and South Dakota disclosure law.
5. Can I break my lease if lead paint isn’t addressed?
   If your landlord fails to fix a serious health hazard, you may have legal grounds to end your lease under South Dakota landlord-tenant law. Always seek written advice from an attorney or a renter resource agency first.

Key Takeaways for South Dakota Renters

• Renters in South Dakota have a right to know about lead-based paint hazards in older homes.
• Always require and keep copies of all official lead paint disclosure forms and information leaflets before signing a lease.
• If you suspect lead is present and not being addressed, use state resources and document all communication for your safety.

Staying informed and proactive helps keep your household safe from the risks of lead exposure.

Need Help? Resources for Renters

• EPA Lead Disclosure Rule – Tenant Rights
• South Dakota Department of Agriculture & Natural Resources – Certified lead inspection assistance
• South Dakota Department of Social Services – Housing Support
• South Dakota Circuit Courts – Tenant dispute resolution
• HUD South Dakota: Renting Resources

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1. South Dakota Codified Laws Chapter 43-32—Landlord and Tenant
2. Lead Disclosure Rule – EPA
3. EPA Lead Violation Reporting Form
4. HUD: Lead-Based Paint Disclosure Requirements

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