{"id":2397,"date":"2022-06-08T22:32:15","date_gmt":"2022-06-09T05:32:15","guid":{"rendered":"https:\/\/samlaw.net\/?page_id=2397"},"modified":"2024-01-29T00:33:13","modified_gmt":"2024-01-29T07:33:13","slug":"landlord-disclosure-to-tenants","status":"publish","type":"page","link":"https:\/\/samlaw.net\/practice-areas\/real-estate-litigation\/landlord-disclosure-to-tenants\/","title":{"rendered":"Landlord Disclosure to Tenants"},"content":{"rendered":"
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California Landlord-Tenant Attorney<\/div>\n
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California landlords and property owners are required to follow their federal, state, and local laws about informing tenants of policies, facts, and rules about the rental property and its surrounding area. Any information that is shared with a renter about the property or a renter’s rights is considered disclosure.<\/p>\n

Landlord disclosures<\/b> can either be included in the lease or rental agreement, or some other form of writing, and are typically shared with the tenant before moving in. These disclosure requirements protect the tenant’s rights, health, and well-being. As a tenant, if you believe that your right to disclosure has been breached, it is crucial to seek legal help from a seasoned San Francisco landlord-tenant lawyer<\/a> to help you defend your rights.<\/p>\n

At Steven Adair MacDonald & Partners, P.C., we are dedicated to protecting the rights of our clients throughout the Bay Area in a wide range of residential and commercial landlord-tenant matters. We have extensive experience in handling all aspects of the landlord-tenant relationship from beginning to end. Whether you’re a landlord or a tenant, we are here to advocate for you and represent you in your disclosure issues and other landlord-tenant disputes. Contact us now and schedule an initial consultation.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.<\/p><\/div><\/div><\/div>

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Call Us! (415) 956-6488<\/a><\/strong><\/p><\/div><\/div><\/div>

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ASK A REAL ESTATE ATTORNEY<\/span><\/a><\/span><\/span><\/div><\/div><\/div>
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What are required landlord disclosures?<\/h2>\n

California landlords must make several disclosures to tenants. Because the requirements vary by state, it is important to have your lease agreement<\/b> looked over by a knowledgeable San Francisco landlord-tenant attorney to make sure you are including all required disclosures correctly. If you are a tenant, before you sign a lease or rental agreement and move into a house or rental unit, you have the legal right to know certain things about the property that you are about to inhabit.<\/p>\n

Presence of Lead Paint<\/b><\/h3>\n

One of the most important disclosures that a landlord is required to make involves the presence of lead-based paint. Under the Federal Lead-Based Paint Hazard Reduction Act of 1982, landlords must provide tenants with specific lead-based paint pamphlets and forms when renting certain buildings built before 1978. This is the only federally required landlord disclosure; all others are required by state or local law.<\/p>\n

The landlord must give you a pamphlet informing you of the hazards of lead-based paint, provide you with information regarding the location of lead-based paint, and attach a lead-warning statement to your rental agreement. It also offers tips to renters to help counter the effects of lead exposure. An attachment to the lease, or language within the lease document should include a “Lead Warning Statement” verifying that you, the landlord, have complied with all legally mandated lead paint notification requirements. Failure to disclose lead-based paint hazards<\/b> can have devastating consequences, especially for renters with children, as prolonged exposure can cause irreparable damage to the brain and nervous system.<\/p>\n

Registered Sexual Offender Database<\/b><\/h3>\n

Tenants must be informed about the existence of California’s registered sex offender database. This website allows the public to access the names and addresses of all registered offenders. Landlords are not required to inform prospective tenants of any nearby offenders listed on the database.<\/p>\n

Information Regarding Payment of Shared Utilities<\/b><\/h3>\n

In San Francisco, many residential units have a single gas or electric meter, meaning that each tenant’s gas and electricity use is not individually monitored. Before signing a lease or rental agreement, landlords must disclose whether gas or electric service to the tenant’s unit also serves other areas. In this case, California Civil Code<\/b> makes it very clear that the landlord must disclose this information to the tenant and ensure that the tenant’s responsibility for the shared utilities is agreed to in writing.<\/p>\n

Knowledge of Methamphetamine<\/b><\/h3>\n

Methamphetamine production may significantly contaminate the space in which it is produced. When a local health officer deems a property to be contaminated, an order prohibiting the use or occupancy of the property is issued and served on the property owner and all tenants.<\/p>\n

If landlords know that the property was used to manufacture methamphetamine, this must be disclosed to the prospective tenants. The tenant has to acknowledge receipt of the notice in writing before signing a rental agreement, and the landlord must attach the notice to the rental agreement. Failure to comply may allow the tenant to void the contract.<\/p>\n

Presence of Toxic Mold<\/b><\/h3>\n

Landlords must disclose any potentially hazardous conditions, including the presence of toxic mold. If a landlord knows about any toxic mold in the unit, they must let prospective tenants know about it in writing.<\/p>\n

State law doesn’t require the landlord to prevent or clean up any mold in the unit, but tenants may be able to withhold rent or repair the issue and deduct any mold-related costs from rent under the warranty of habitability<\/b>. In addition, landlords must also provide a consumer handbook to tenants, developed by the State Department of Health Services describing the potential health risks from mold.<\/p>\n

Periodic Pest Control Treatments<\/b><\/h3>\n

If the landlord is actively working with a pest control company, they must provide certain information about this process to their tenants. The landlord must give a copy of this notice to every new tenant who will occupy a unit serviced under the contract. The following information must be disclosed to the tenants:<\/p>\n