Elgin, IL asked in Contracts, Real Estate Law and Landlord - Tenant for California

Q: Does the landlord have to disclose the information of a death before the lease is signed and a payment is made?

My roommate and I signed a lease for an apartment and made our first payment, and once they received the payment, we were told about a death in the apartment in February of this year. We would like to know if this is illegal for them to disclose the information afterwards.

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: A LL has to disclose any condition of the premises that could pose a health hazard to the proposed occupants. if the death involved such a continuing health hazard, the LL would be legally obligated to disclose it to you. Otherwise, the LL does not have to say anything. But in your case the LL did reveal the history, why? Is it haunted? Obviously the LL kept quiet about it until you signed up because the LL thought the fact of a death would scare you away. Not very nice but probably not technically illegal. If the death was from a mold infestation that remains uncured to this day, the LL is obligated to inform you, and to cure the mold before you occupy.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.