You're excited about your new rental apartment in South Dakota. You've signed the lease, you've got the keys in hand, and you're ready to move in. Then you notice the paint is chipping in the bedroom. The landlord brushes it off as "just cosmetic." But here's what you need to know: if that building was constructed before 1978, that peeling paint could contain lead, and your landlord has serious legal obligations to disclose that risk to you. Ignoring those obligations isn't just sloppy landlording—it's illegal.
Why lead paint disclosure matters (and why landlords skip it)
Look, lead poisoning is serious. It causes permanent neurological damage, especially in children. In older rental properties, lead paint is hiding in walls, trim, windows, and doors. South Dakota law doesn't leave this to chance.
The problem? Some landlords genuinely don't know about the rules. Others hope tenants won't notice or ask. And some figure the risk is someone else's problem. It isn't. Here's what the law actually says: South Dakota follows federal disclosure requirements under the Residential Lead-Based Paint Hazard Disclosure Rule, which is backed by the Toxic Substances Control Act. This isn't a suggestion—it's a mandate.
The federal law that applies in South Dakota
Here's the thing: South Dakota doesn't have its own separate lead paint statute. Instead, South Dakota rentals fall under the federal rule, 42 U.S.C. § 4852d and its implementing regulations at 40 CFR Part 745. This means your landlord has to follow federal requirements no matter what.
The rule applies to any residential property built before January 1, 1978. If your rental was built in 1977 or earlier, your landlord's obligations kick in. That means apartments, single-family homes, townhouses—basically anything residential. There's no exception for "we didn't know" or "nobody's complained yet."
What your landlord is legally required to do
Your landlord has to give you a disclosure form before you sign the lease or at lease signing. Not after you move in, not "when we get around to it"—before or at signing.
They've got to tell you in writing that:
The building was built before 1978 (if it was). They need to disclose any known lead-based paint or lead-based paint hazards on the property. They have to provide you with the EPA pamphlet called "Protect Your Family from Lead in Your Home." If they've done any lead testing, they must share those results with you. They can't hide inspection reports or test results in a drawer.
The federal rule also gives you a 10-day period (which can be extended by written agreement) to conduct your own lead inspection if you want one. Your landlord can't pressure you to waive this right or make it unreasonably difficult.
The practical steps to protect yourself
Real talk—you need to take this seriously. When you get a lease for a pre-1978 property, ask your landlord directly: "Do you have the federal disclosure form for lead-based paint?" If they seem confused or evasive, that's a red flag.
Get the disclosure in writing. Don't accept verbal promises or "I'll email it later." You want a signed, dated copy for your records. If the landlord claims the building was built after 1978, ask for proof (a construction date, a tax record, something concrete).
If you're concerned about lead, use your 10-day inspection period. You can hire a certified lead inspector—yes, it costs money, but it's worth it if you have kids or if the property shows obvious signs of deterioration. South Dakota doesn't require landlords to pay for your inspection, but you have the right to get one.
Keep copies of everything. The disclosure form, any inspection reports, photos of paint condition—hold onto these. If there's ever a dispute, you'll be glad you did.
What happens if your landlord doesn't comply
Here's where it gets serious. If your landlord violates the federal disclosure rule, they can face civil penalties up to approximately $19,107 per violation (adjusted annually for inflation). That's not a typo—per violation. A single lease without proper disclosure could trigger that penalty. — even if it doesn't feel that way right now
You also have the right to sue your landlord for damages if you or your family member gets lead poisoning as a result of their non-disclosure. You can seek compensation for medical costs, pain and suffering, and other harms. Some states' courts have allowed substantial awards in these cases.
Beyond the financial hit, a landlord who violates disclosure rules is also violating South Dakota's implied warranty of habitability. Under SDCL § 43-32-8, landlords are required to maintain rental properties in habitable condition. A unit with unknown or concealed lead hazards doesn't meet that standard.
If you discover lead after you've moved in
If you move in and later discover that your landlord never gave you the required disclosure, you're not out of luck. Send your landlord a written notice (keep a copy) stating that you didn't receive the disclosure form and asking them to provide it immediately.
Document everything: take photos, keep emails, note dates when you raised the issue. If the landlord continues to ignore the requirement or refuses to disclose, you can contact the South Dakota Department of Health, which oversees housing standards, or consult a tenant's rights organization. Some renters have also filed complaints with the EPA directly for federal violations.
You might also have grounds to break your lease or withhold rent (following proper procedures under SDCL § 43-32-15 and § 43-32-16), but talk to a lawyer before you do that—it's a serious step and has to be done correctly.
The bottom line
Lead paint disclosure isn't optional in South Dakota, even though some landlords treat it that way. The federal rule is clear, it applies to pre-1978 rentals, and your landlord has to follow it. When you're apartment hunting or signing a lease, ask the question and get the disclosure. Don't let anyone make you feel like you're being difficult—you're protecting your family's health, which is exactly what this law was designed for.