Legal Question in Real Estate Law in California

just moved into a new aprt. and was never told that the last renter passed away in the unit, can i ask for a rent drop, in light of this info not being disclosed to me?


Asked on 3/28/14, 10:18 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

California Civil Code section 1710.2 covers this, and I suggest you look it up (on line?). The law basically says you can't (successfully) sue for failure to disclose a death that occurred more than three years earlier. Since in your case the death presumably was less than three years earlier, you are not barred from bringing suit, However, I think you'd have a real problem establishing damages, unless the prior tenant's death was something hideous or repulsive, like a brutal murder or a fearsome disease (other than AIDS, which is also covered by 1710.2). So, I'd say you can ask for a rent reduction, but if the landlord says no, you'd have to take him/her to court and prove damages. In my opinion, not worth it.

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Answered on 3/28/14, 11:47 am
Anthony Roach Law Office of Anthony A. Roach

Your damages would be more significant if you wanted to move or would have refused to lease the property if the death had been properly disclosed. The fact that you want to live there but have a rent reduction means the prior death does not bother you and you are harping on a technical violation.

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Answered on 3/30/14, 11:09 am


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