California Landlords Mandatory Disclosures Califoria Evictions – California Landlords
California Landlords Mandatory Disclosures
There are mandatory disclosures that must be made prior to signing a lease or rental agreement. These are statutory requirements a landlord must make. These mandatory disclosures must be in writing and it is advised that a copy signed by the tenant be kept with the lease.
LEAD BASED PAINT
If the rental unit was constructed before 1978, the landlord must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling before the tenant signs the lease or rental agreement. The landlord also must give the potential tenant a copy of the federal government’s pamphlet, “Protect Your Family From Lead
in Your Home” (available by calling 1-800-424-LEAD
PERIODIC PEST CONTROL TREATMENT
When the rental agreement is signed, landlord must provide tenant with anypest control company disclosure landlord has received, which describes the pest to be controlled, pesticides used and their active ingredients, a warning that pesticides are toxic, and the frequency of treatment under any contract for periodic service. ((Cal. Civ. Code § 1940.8, Cal. Bus. & Prof. Code § 8538)
Residential property built before 1981 may contain asbestos. A leading reference for landlords recommends that landlords make asbestos disclosures to tenants whenever asbestos is discovered in the rental property. (This book also contains detailed information on asbestos disclosures, and protections that landlords must provide their employees.)
A landlord with 10 or more employees must disclose the existence of known arcinogenic material (for example, asbestos) to prospective tenants.
NO SMOKING POLICY
For leases and rental agreements signed after January 1, 2012: If the landlord prohibits or limits the smoking of tobacco products on the rental property, the lease or rental agreement must include a clause describing the areas where smoking is limited or prohibited (does not apply if the tenant has previously occupied the dwelling unit). For leases and rental agreements signed
before January 1, 2012: A newly adopted policy limiting or prohibiting smoking is a change in the terms of the tenancy (will not apply to leaseholding tenants until they renew their leases; tenants renting month-to-month must be given 30 days’ written notice). Does not preexempt any local ordinances prohibiting smoking in effect on January 1, 2012.(Cal.Civ. Code § 1947.5).
NOTE: THE CALIFORNIA LEGISLATURE IS CONTEMPLATING ADDING E-CIGARETTES TO THIS CODE SECTION.
The owner of a dwelling who knows that an illegal controlled substance has been spilled illegal controlled substance has been spilled give a prospective tenant written notice of this fact before the tenant signs a rental agreement. LSD and methamphetamines are examples of illegal con-trolled substances. The owner must provide this notice if the owner knows of the condition, or if he or
she has received notice of it from a law enforcement or health agency. The notice may be a copy of the agency’s notice to the owner.
The owner of a dwelling who has applied for a permit to demolish the dwelling must give written notice of this fact to a prospective tenant before accepting any fee from the tenant or entering into a rental agreement with the tenant. The notice must state the earliest approximate dates that the owner expects the demolition to occur and that the tenancy will end.
MILITARY BASE “EXPLOSIVES”
A landlord who knows that a rental unit is within one mile of a closed military base in which ammunition or military explosives were used must give written notice of this fact to a prospective tenant. The landlord must give the tenant this notice before the tenant signs a rental agreement.
REGISTERED SEX OFFENDER DATA BASE
Registered sexual offender database: Landlords must include the following language in their rental agreements: “Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Cal.Civ. Code § 2079.10a)
DEATH IN THE RENAL UNIT
If a prior occupant of the rental unit died in the unit within the last three years, the owner or the owner’s agent must disclose this fact to a prospective tenant when the tenant offers to rent or lease the unit. The owner or agent must disclose the manner of death, but is not required to disclose that the occupant was ill with, or died from, AIDS. However, the owner or agent cannot intentionally misrepresent the cause of death in response to a direct question.
CONDOMINIUM CONVERSION PROJECT
A rental unit may be in a condominium conversion project. A condominium conversion project is an apartment building that has
been converted into condominiums or a newly constructed condominium building that replaces demolished residential housing. Before the potential tenant signs a lease or rental agreement, the owner or subdivider of the condominium project must give the tenant written notice that:
- The unit has been approved for sale, and may be sold, to the public, and
- The tenant’s lease may be terminated (ended) if the unit is sold, and
- The tenant will be informed at least 90 days before the unit is offered
for sale, and
- The tenant normally will be given a ﬁrst option to buy the unit.
The notice must be in legally required language. This notice requirement applies only to condominium conversion projects that have ﬁve or more dwelling units and that have received ﬁnal approval. If the notice is not given, the tenant may recover actual moving expenses not exceeding $1,100 and the ﬁrst month’s rent on the tenant’s new rental unit, if any, not to exceed $1,100.
These notice provisions do not apply to projects of four dwelling units or less, or as a result of transfers due to: court order (including probate proceedings), foreclosure proceedings, or trusts.