California landlords are required to provide potential tenants with a long list of disclosures about the rental unit and its surrounding area when entering into a rental contract with a tenant. Here is an overview of the required disclosures that must be included in your agreement to rent property to a tenant.

Landlord’s Contact Information

Landlords must always provide potential tenants their full name, phone number, and address, as well as instructions for how rent should be paid. This information must be provided anytime there’s a new lease or when there’s a new owner or manager of the rental property.

Smoking Policy

For units with a no-smoking policy, the lease agreement must contain a clause letting tenants know where smoking is prohibited or limited.

Lead-based Paint

For rental units built before 1978, the landlord must make lead-based paint disclosures. Specifically, the landlord must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling before the tenant signs the rental agreement.

Before the tenant signs the rental agreement, the landlord must also give the tenant a copy of the federal government’s pamphlet, “Protect Your Family From Lead in Your Home”. This pamphlet can be obtained by calling (800) 424-LEAD, or online at https://www.epa.gov/lead/protect-your-family-lead-your-home). In addition, the landlord must provide potential tenants with a written Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, as required by 24 Code of Federal Regulations §§ 35.88, 35.92.

Bed Bugs

Before entering into a rental agreement with a new tenant, a landlord must provide a written notice about bed bugs. The required notice must include general information regarding bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of prompt written reporting of suspected infestations to the landlord.

If a landlord has reason to believe a rental unit contains bed bugs, or actually learns of a possible bed bug infestation, the landlord must inspect the rental unit. If bed bugs are found, a landlord cannot show, rent or lease the rental unit until the bed bugs are eliminated. See Cal. Civ. Code § 1954.602(a).

Periodic Pest Control Treatments

A pest control company must notify the landlord and tenants in writing of any pesticides to be used when the company provides an initial treatment as part of an ongoing pest-control service contract. The landlord must give a copy of this notice to every new tenant who will occupy a rental unit that will be serviced under the service contract. If the landlord does not provide the tenant with this notice, the tenant can sue the landlord for costs incurred, moving costs, and an additional penalty of up to $2,500.

Carcinogenic Material

The Safe Drinking Water and Toxic Enforcement Act of 1986 requires any person or entity with 10 or more employees to provide a warning of possible exposure to chemicals that cause cancer, birth defects or other reproductive harm if that person or entity knows or suspects the chemical is present at a workplace, business or rental housing. Examples of listed chemicals include arsenic, asbestos, benzene, and lead. For landlords with 10 or more employees, the notice must be posted in one or more conspicuous locations at the rental property to warn tenants, prospective tenants and others of possible exposure to the listed chemical.

Methamphetamine Contamination

If a local health officer determines that rental property is contaminated with a hazardous chemical related to methamphetamine laboratory activities, he or she must issue an order prohibiting the use or occupancy of the property. The owner and all occupants must then vacate the affected units until the officer sends the owner a notice that the property requires no further action. The owner must give a copy of the order to potential tenants who have completed an application to rent the contaminated property. Before signing a rental agreement, tenants must acknowledge in writing that they received the notice and order. The rental agreement may be cancelled if the owner does not comply with this mandate.

Military Base Explosives

If a rental unit is within one mile of a closed military base in which ammunition or military explosives were used, a landlord must give written notice of this fact to a prospective tenant before the tenancy begins.

Death In The Rental Unit

California law requires disclosure of a death, and the manner of death, that occurred at the rental unit within the last three years.

Demolition Permit

The owner of a dwelling who has applied for a permit to demolish the dwelling must give written notice of the intended demolition to a prospective tenant before the tenancy commences. The notice must state the earliest approximate date that the owner expects the demolition to occur, and that the tenancy will end at that time.

Condominium Conversion Project

Before a potential tenant signs a rental agreement for property approved for a condominium conversion project of 5 or more units, the owner or subdivider of the condominium project must give the tenant written notice that (1) the unit has been approved for sale to the public, (2) the tenant’s rental agreement may be terminated (ended) if the unit is sold, (3) the tenant will be informed at least 90 days before the unit is offered for sale, and (4) the tenant normally will be given a first option to buy the unit.

Flood Hazard

In all rental agreements entered into after July 1, 2018, the landlord must disclose to the tenant that the dwelling is in a special flood hazard area or an area of potential flooding, if the landlord has actual knowledge of that fact.

Mold

If a landlord knows about any toxic mold in the unit, they must let prospective tenants know about it in writing. State law does not require the landlord to prevent or clean up any mold in the unit, but tenants may be able to withhold rent or repair the issue and deduct any mold-related costs from rent under the warranty of habitability. Landlords must also provide potential tenants a handbook about the health risks of mold.

Common Utility Use And Payment

Landlords must disclose how shared utility fees are applied and must detail how they are divided up.

Water Submetering

Many properties have submeters for water, where landlords or other building managers take readings of water usage in the building instead of the local water company. If a rental unit gets water through submeters, landlords must provide potential tenants with certain information about their system, including: (1) the estimated monthly bill for water, (2) how the bills for water service should be paid and when, (3) any extra charges or late fees that may be incurred, and (4) how to handle any problems with service.

Megan’s Law

A landlord must include the following language in every rental agreement: “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.”

Help on any of these issues is just a click or phone call away, at [email protected], or 888-441-2355. Our experienced professionals are standing by to answer any inquiries you may have.