Legal Question in Landlord & Tenant Law in California

I just recently recently rented a house with my boyfriend. After renting the house someone told us that in 1959 there was a nuclear meltdown 2.9 miles from the house. In fact it is the largest nuclear spill in US history (Santa Susana Field Laboratory). We have to use well water and are worried not only about the chemicals and radiation that may not only be in the soil but also in our well water.

So, I have two questions:

1. Was the landlord required to disclose the nuclear meltdown to us before we rented?

2. Is she responsible for paying for the water and land to be tested to make sure it's not dangerous?

Thank you.


Asked on 9/12/11, 10:09 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Until I read your e-mailed question I have never known anything about this massive problem, so i goggled it . Thank you for getting me to look it up.

It seems that no report has shown any adverse health results, which certainly would have shown up by now if it ever will. Since there have been studies done that do not show any health risks, the landlady would not have to pay for what seems like an unnecessary expense and test. She also probably was not aware of the numerous problems, in which case she would not be required to tell you as she could not reasonably be expected to know herself. If she knew but did not tell you, she also probably would not have any fault unless she knew that you would probably reject renting there if you knew. All of that would be hard to prove. You can try to see if she will let you out of whatever remaining part of the lease exists, but it would be very difficult for you to show any damages [emotional distress without physical injury is normally not recoverable].

Sorry.

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Answered on 9/14/11, 11:41 pm


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