Multiple Choice Question: Is a residential landlord required to disclose to a prospective tenant that a death occurred on the leased premises within the last 3 years? Pick the best answer:

A. Yes, disclosure is required by law (except for a death from AIDS-related complications).
B. Yes, disclosure is a landlord’s best course of action (except for a death from AIDS-related complications).
C. No, unless the tenant specifically asks.
D. No, disclosure is only required for sales, not leases. 

Answer: Answer A is wrong. California has a law that says that a landlord and landlord’s agent are not required to disclose a death that has occurred more than 3 years before a tenant offers to rent the property (see California Civil Code section 1710.2). It also says no disclosure is required for a death from AIDS-related complications, regardless of when the death occurred. Technically speaking, this law does not specifically address whether a landlord must disclose a non-AIDS related death that occurs within the last 3 years. After all, saying that a landlord need not disclose a death over 3 years ago is not the same thing as requiring a landlord to disclose a death within the last 3 years.

Answer B is the correct answer. Although the law does not specifically address a non-AIDS related death within the last 3 years, many practitioners nevertheless believe that disclosure is required. Most notably, the California Department of Real Estate (DRE) published a “California Tenants” guidebook that claims that disclosure of a death within the last 3 years is required. Although the DRE’s guidebook is not controlling legal authority that a court must follow (see Disclaimer in the guidebook), a landlord is nevertheless well-advised to disclose a recent death on the premises. If a landlord does not disclose and the tenant moves in, the tenant’s neighbors will likely inform the tenant about the recent death anyway. At that point, the landlord may be forced to grapple with more legal complications as compared to just telling the tenant about the death upfront.

Answer C is wrong. The applicable law states that no one is allowed to make an intentional misrepresentation in response to a direct inquiry from a tenant (see Civil Code section 1710.2(d)).

Answer D is wrong. Civil Code section 1710.2 applies to both sales and leases.

Sources: The full text of California Civil Code section 1710.2 is available at the California Legislative Information website. DRE’s California Tenant guidebook is available at the DRE website.

-Thank You to Arthur Aslanian (Encino Office) for suggesting this week’s legal tip!

Copyright© 2022 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of September 6, 2022. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals. Written by Stella Ling, Esq.