A Landlord’s Rights and Responsibilities

Being a landlord comes with certain rights and a lot of responsibility. Not the least of which is disclosure. In this article we will outline some of the things a landlord is required to disclose about a rental property in the state of California.

  • Lead based paint – If the property was constructed prior to 1978 the landlord must disclose the presence of any lead based paint within the structure. The landlord is not however, required to remove or conduct any evaluation of said paint. The landlord must include in the rental agreement a lead warning statement in legally required language. The landlord must also provide information pertaining to lead paint.
  • Periodic extermination treatments – The contracted pest control company must provide to the landlord a list of all chemicals that will be introduced into the unit. The landlord must in turn provide this information to the tenant.
  • Asbestos – Any residential property built before 1981 could contain asbestos in one form or another. Landlords must disclose to tenants the findings of any asbestos present in any rental property.
  • Carcinogenic material – A landlord must inform tenants of the presence of any carcinogenic material.
  • Methamphetamine contamination – Any residential property that has been used for the production of methamphetamine could be contaminated. The property must be inspected by a local health inspector for residual methamphetamine material, and tenants must be informed.
  • Demolition permit – The landlord must inform a tenant when he has applied for a demolition permit for the property. This disclosure must take place prior to any monies being exchanged.
  • Military base explosives – When a landlord is aware a rental unit is within one mile of a military base where ammunition or military explosives has been used must notify tenants in writing.
  • Death in a rental unit – If a prior tenant has died in the unit within the past three years, the landlord or his agent must notify any prospective tenant. The manner of death must also be disclosed, except if the tenant died from illness such as AIDS.
  • Condominium conversion project – If a rental unit is in the stages of a condominium conversion, the tenant must be notified. A condominium conversion project is classified as an apartment building converting the units to condominium, or a new condominium, building being built in place of an existing rental structure.

Contact the professionals at Insurance by Castle today at 800•644•5443 to learn more about landlord insurance and design the policy that best suits your individual needs. Download your complimentary eBook for real estate investors.

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