In California, property owners are required to disclose certain information to tenants before the tenancy begins. This information includes, but is not limited to:
Lead-based paint hazards (if the property was built before 1978), § 4852d
The presence of mold or other environmental hazards; SB732
Bed Bug Disclosure, 2017 California Civil Code §1954.603 Bed bugs
Any past natural disasters or floods that have affected the property, 2018 California Government Code 8589.45
Rent Cap and Just Cause form AB 1482 Disclosure. Please see the previous posts.
Any known defects or repairs needed in the rental unit before the tenant moves in
If you would like a copy of the booklets or would like me to order a Natural Hazard Flood Report for you, please fill out the form at the bottom.
Please know that this is not legal advice. It is always recommended to consult a lawyer to make sure you are in compliance with state and local laws and regulations.
The federal government has established regulations to protect people from lead-based paint hazards in housing constructed before 1978. Under these regulations, property owners are required to disclose known lead-based paint and lead-based paint hazards in the rental property before the tenant signs a lease or rental agreement. This is done by providing the tenant with:
an informational pamphlet on lead and a lead warning statement
a copy of any lead inspection or risk assessment report for the property.
a 10-day period to conduct a lead-based paint inspection or risk assessment before they sign a lease or rental agreement, unless they waive their rights.
records or reports on any known lead-based paint or lead-based paint hazards in the unit and common areas.
A landlord must give a mold disclosure because mold can cause serious health problems, particularly for people with allergies, asthma, or other respiratory conditions. Exposure to mold can cause symptoms such as sneezing, coughing, congestion, headaches, and allergic reactions. In some cases, exposure to mold can also cause more serious health problems, such as infections and lung damage.
California has laws and regulations in place that require owners to:
disclose known mold or mold hazards in the rental property
provide tenants with information about any known mold or mold hazards in the property before they sign a lease or rental agreement
California’s Healthy Homes Standards Regulation requires owners to take certain steps to prevent and address bed bug infestations, such as providing tenants with:
written information about bed bugs
an inspection report if bed bugs were found
a notice if bed bugs are found in their unit or the adjacent units
an extermination plan and ensure that the extermination is done by a licensed pest control operator
It is important for owners to take steps to prevent and address bed bug infestations because bed bugs can be a serious problem for tenants, causing discomfort and health problems. Owners who fail to address bed bug infestations can be held liable for damages and may face penalties from state or local officials.
To protect tenants from natural hazards, California law requires owners to disclose:
known natural hazards to tenants
information about the risk of flooding, and other natural hazards that have affected the property
This can help tenants make an informed decision about whether to rent the property and also allows them to take necessary precautions to minimize their risk of harm.
Then there is the Rent Cap and Just Cause form AB 1482 disclosure, which I have covered in a previous blog all on its own. Please see the previous posts for more information on AB 1482.
It is important for owners to disclose any known hazards because it allows tenants to make an informed decision about whether to rent the property and take necessary precautions to minimize their exposure to risk or health issues. It also protects the landlord from potential liability if a tenant is harmed in any way.
It is always better to disclose.
Then there is the Rent Cap and Just Cause form AB 1482 disclosure, which I have covered in a previous blog all on its own. Please see the previous posts for more information on AB 1482.
It is important for owners to disclose any known hazards because it allows tenants to make an informed decision about whether to rent the property and take necessary precautions to minimize their exposure to risk or health issues. It also protects the landlord from potential liability if a tenant is harmed in any way.
It is always better to disclose.
References:
§ 4852d Disclosure of information concerning lead upon lease of residential property
https://www.govinfo.gov/content/pkg/USCODE-2021-title42/pdf/USCODE-2021-title42-chap63A-subchapI-sec4852d.pdf
SB 732 Mold
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200120020SB732
California Civil Code §1954.603 Bed bugs
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.8.&article=
California Government Code 8589.45 Flood Hazard Disclosure
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8589.45&lawCode=GOV
AB 1482 California Rent Control and Exemptions
https://yourhomeimagined.com/ab-1482-california-rent-control-and-exemptions/
AB 1482: Notice of Termination of Tenancy California Tenant Protection Act of 2019
https://yourhomeimagined.com/ab-1482-notice-of-termination-of-tenancy-california-tenant-protection-act-of-2019/
§ 4852d Disclosure of information concerning lead upon lease of residential property
https://www.govinfo.gov/content/pkg/USCODE-2021-title42/pdf/USCODE-2021-title42-chap63A-subchapI-sec4852d.pdf
SB 732 Mold
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200120020SB732
California Civil Code §1954.603 Bed bugs
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.8.&article=
California Government Code 8589.45 Flood Hazard Disclosure
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8589.45&lawCode=GOV
AB 1482 California Rent Control and Exemptions
https://yourhomeimagined.com/ab-1482-california-rent-control-and-exemptions/
AB 1482: Notice of Termination of Tenancy California Tenant Protection Act of 2019
https://yourhomeimagined.com/ab-1482-notice-of-termination-of-tenancy-california-tenant-protection-act-of-2019/
