Required Landlord – Tenant Disclosures in a Rental Lease Agreement

The landlord is required to provide their contact information whether it is a new lease or lease renewals. The information includes their name, phone number, and address which makes it easier for the tenants to provide notices where necessary. The landlord is also mandated to provide the tenant with information on how to pay the rent.

According to (Cal. Civ. Code § 2079.10(a)), California leases must alert the prospective tenants of California’s registered sex offender database.

Megan’s law does not however require the landlord to inform the tenants of nearby offenders listed on the database. The written notice should be attached to the lease stating:

“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”.

It is found under civil code (CIV § 1942.5(a)(1)). The California landlords must provide tenants with information on bedbugs; what they look like, if the premises has ever been infested with bedbugs, and to urge the tenant to write a notice to the landlord in case of suspected infestation. The tenant is also expected to confirm that their furniture is not infested before entering the premises.

This applies to all the units built before 1978. The landlord is required to provide prospective tenants with a warning statement regarding lead-based paint and its potential hazards. They must also provide the tenants with a federal government pamphlet known as, “Protect Your Family from Lead in Your Home.”

Section (Cal. Civ. Code § 1710.2.) requires the landlord to disclose if any deaths have occurred in the unit within the last three years. However, the landlord is not obligated to disclose if the occupant was living with HIV or died from AIDS.

The flood zone disclosure was made mandatory on 1st July 2018, where the landlord is expected to inform the tenant if the premises is located in a special flood zone. The disclosure should also urge the tenants to get renters or flood insurance since the landlord is not responsible for their loss.

The landlord must disclose to the tenants where smoking is limited or prohibited. The no-smoking clause should be well indicated in the lease agreement.

The landlord should notify the tenants if they have received a permit to demolish the rental unit(s) before accepting their rental contract or taking their rent.

This disclosure applies to the units that do not have individual meters. The landlord is required by the California state laws to disclose such information, and in writing have an agreement on how to handle the shared utilities.

It applies to the units that are located within one mile of former state or federal ordnance (military base/training/storage), where explosives and ammunitions were used. The landlord must give a written notice of this before a tenant signs the lease agreement.

(HSC § 26147 & 26148) requires the landlord to disclose the mold status of the unit and the health risks. Written document of this disclosure must be attached to the lease agreement.

in cases where pest control has been conducted in the premises, the landlord is required to provide an inspection report preferably from a reputed pest control company to the prospective tenant as per (GOV § 1099).