Tenant died in the hospital - Is this a necessary disclosure?

[pharcyder]

What is the name of your state (only U.S. law)? Ca

Hello, I am a property manager in California. I have manage a property and the tenant died in the hospital. Nobody died on the property. Now I am going to advertise the property to get it rented. Do I have to disclose this to the prospective renters?

Thanks for all the help.

 

[FarmerJ]

http://homeguides.sfgate.com/laws-regarding-death-disclosures-real-estate-transactions-california-46748.html >>
Three-Year Rule

Under California Civil Code Section 1710.2, if someone dies on the property, it's a material defect – but only if the death occurred within three years of the date you make an offer to purchase or rent the home. Technically, if the property was the location of a mass murder in 1975, the seller, lessor, agent or broker does not legally have to volunteer the information.
Double check this to make sure it has not changed , but from what I see here a tenant death in a hospital is not the same so no disclosure required. Feel free to re check the statute in case there has been a change.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ca

Hello, I am a property manager in California. I have manage a property and the tenant died in the hospital. Nobody died on the property. Now I am going to advertise the property to get it rented. Do I have to disclose this to the prospective renters?

Thanks for all the help.

No...why would you think that you needed to disclose that, and even if you mentioned it, why do you think that would disturb potential renters?

 

[quincy]

What is the name of your state (only U.S. law)? Ca

Hello, I am a property manager in California. I have manage a property and the tenant died in the hospital. Nobody died on the property. Now I am going to advertise the property to get it rented. Do I have to disclose this to the prospective renters?

Thanks for all the help.

Did what sent the tenant to the hospital happen on the property, even if the death of the tenant happened in the hospital?

That can (potentially) make a difference in whether it needs to be disclosed or not.

A link from the California Department of Consumer Affairs: http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml

 

[LdiJ]

Did what sent the tenant to the hospital happen on the property, even if the death of the tenant happened in the hospital?

That can (potentially) make a difference in whether it needs to be disclosed or not.

A link from the California Department of Consumer Affairs: http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml

What was specifically said there regarding the issue:

Death in the rental unit

If a prior occupant of the rental unit died in the unit within the last three years, the owner or the owner's agent must disclose this fact to a prospective tenant when the tenant offers to rent or lease the unit. The owner or agent must disclose the manner of death, but is not required to disclose that the occupant was ill with, or died from, AIDS. However, the owner or agent cannot intentionally misrepresent the cause of death in response to a direct question.

 

[quincy]

What was specifically said there regarding the issue:

Right. I read that.

I also read several different California cases filed (and won) by tenants, cases which were spawned by landlords' failure to disclose health hazards that resulted in the hospitalizations of tenants.

The bottom line is that civil and criminal actions can result if a landlord does not disclose known issues with the rental that could lead to a tenant's injury, health problem, or death (carcinogens, mold, asbestos, methamphetamine contamination ... ).