California Real Estate Law -- Death on a Property?

Question

I know that there is a law in California that states if there was a death on a property, the buyer must be informed of it. I wanted to know the name of the law, when it went into effect, and how many years back it goes (i.e. the earliest the death occurred). Also, does this apply to rental properties (are landlords required to inform tenants about a death on the property)? Thanks!

Answer 1

You need to consult with an Attorney about that.  The law may be talking about a murder vs a death.   Big difference!!!

Answer 2

California is the ONLY state in the nation which has such a requirement.  Deaths on properties must be revealed if they occurred within the previous three years of either rental or sale of the property.  If the death occurred past that time frame, no disclosure is required.

Answer 3

The law actually states as follows:

A death does not need to be disclosed if it occurred more than three years previously. (Note that the law does NOT say that the death MUST be disclosed if it occurred within the past three years.) The only reason the death MUST be disclosed if it occurred within the past three years is if the events of the death are "material" -- if it was particularly gruesome or offensive, or if it negatively affected the value of the property.

I didn't see anything in the law about rentals.

It's Civil Code 1710.2, if you want to look up the actual language.

Answer 4

I know for rental properties if someone dies in the home the landlord would have to tell any prospective tenant of it if it's been within the last 3 years.

www.dca.ca.gov

Answer 5

Landlords are never required to inform tenants in CA.   Tenants are not given any legal disclosures at all.

A death has to be disclosed, on the disclosure form if it happened within 3 years.   There is no limit if the death was a notorious one, such as a family murder,  if it is known.

Cause of death never has to be disclosed, and in some cases is illegal to disclose (AIDS).