Legal Question in Landlord & Tenant Law in California

We purchased a condo last year on a probate sale. We were not informed nor do we know of any death on the property. My tenant who has now been there for 4 months is asking for me to submit to her legal proof that nobody died there, she is a lawyer is telling me I would have to disclose this to her, is this true?


Asked on 4/15/10, 11:29 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I believe you are required to disclose that information, as for some cultures that information is very important. Contact the attorney who handled the probate and ask for just a short statement that the person whose probate it was did not die on the premises and the attorney is not personally aware of any deaths on the premises. Then prepare a sshort statement by you, saying "I declare under penalty of perjury that the below is true and correct of my own knowledge and belief, and that if called to testify as a witness I could and would so state as follows:

Dated this ______ day of ___________, 2010, at _______________California, 92657__.

signature lines of you and your spouse

As an attorney, I would suggest you be very leary in renting to someone likely to complain ad cite the law to support their position.

Read more
Answered on 4/20/10, 1:08 pm

I disagree with Mr. Shers. You should not go about conducting any search for information you do not have. You are setting yourself up if the information turns out to be incorrect or incomplete. There is no affirmative duty to disclose a death on the premises, per se. There is law that says that a death on the premises that affects the value or desireability of the property, such as a murder, suicide or gruesome death, is material and must be disclosed upon sale of the property. There is also a statute that says that ANY death more than three years before does not have to be disclosed at all, but it does not add anything to the law on what must be disclosed. The law is also very clear that you do not have to disclose anything unless it is within your knowledge or accessable from sources that only you have access to. So even if you were selling the property to her, all you would have to disclose is that you have no knowledge of a death on the premises. No one ever has a duty to prove a death did not happen on the premises. Only if they state that they have no knowledge, and THEN it turns out there WAS a death, AND there is evidence that they DID know about it, would a person ever have to prove they did not actually know.

Read more
Answered on 4/20/10, 5:44 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California