California Landlord Disclosures Before Move-In: What Renters Need to Know

Before moving into a new rental in California, landlords are legally required to share specific information with renters. These disclosures are designed to protect tenants and ensure a safe, transparent rental experience. Understanding what your landlord must provide helps you avoid surprises and asserts your rights under California law.

Key Disclosures California Landlords Must Provide Before Move-In

California has some of the strongest renter protections in the country. Here's a breakdown of required landlord disclosures and what each means for you as a renter:

• Lead-Based Paint Disclosure: If the rental unit was built before 1978, landlords must provide a Lead-Based Paint Disclosure Form (EPA/HUD form).
  Example: You’re moving in to a historic building from the 1960s. Your landlord must give you this form and the EPA’s safety pamphlet before you sign the lease.
• Megan’s Law Disclosure: Landlords must include language in the rental agreement notifying tenants about access to California’s sex offender registry.
• Pest Control Disclosure: If pest control treatments are scheduled, landlords must provide a written notice with the treatment details. (Sample Pest Control Notice)
  Example: Your new apartment is being sprayed for insects just before move-in; you must be told what chemicals are being used and when.
• Bed Bug Addendum: Landlords must give tenants a notice about bed bug identification and prevention. (CA Bed Bug Disclosure Requirements)
• Toxic Mold Disclosure: If the landlord knows about mold, they must provide a written disclosure. (California Health & Safety Code Section 26147)
  Example: If previous inspections found mold, your landlord should inform you in writing before you sign the lease.
• Prop 65 Warnings: If the property exposes tenants to chemicals known to cause cancer or reproductive harm, a warning must be provided per Proposition 65.
• Flood Disclosure: As of 2018, landlords must state whether they know if the rental is in a special flood hazard area, according to California Civil Code § 8589.45.
• Utilities Disclosure: If utilities are split or submetered, or if utility charges are allocated in any way, landlords must disclose this in writing. See guidance from the California Public Utilities Commission.
• Smoking Policy Disclosure: Landlords must state in the lease if smoking is allowed on the property. (CA Civil Code §1947.5)

Each of these disclosures helps renters better understand the condition, rules, and safety of their new home before moving in. In most cases, disclosures are provided either as an attachment to your lease or as a separate written document. Always keep a copy for your records.

Official Forms and Example Scenarios

• Lead-Based Paint Disclosure Form (EPA/HUD): Required for properties built before 1978. Download from EPA website.
  How used: Before signing a lease, the landlord gives you the completed disclosure and a safety pamphlet.
• Bed Bug Addendum: California requires a written notice about bed bugs per law. See guidance here.
  How used: Usually provided as part of your lease packet or as a separate form.
• Pest Control Notice: Provided if treatment is scheduled. See sample notification.
  How used: Given before application of pesticides in your unit or common areas.

When and How Landlords Must Deliver These Disclosures

Disclosures must be delivered before or at the time you sign the rental agreement. If you didn’t receive required information, you have rights to request them and may have legal remedies if issues arise.

• Review all disclosures and forms before signing your lease.
• Ask for clarification or missing documents from your landlord or property manager.
• Keep copies of all disclosures in your personal records.

Your Rights Under California Tenancy Law

All disclosure rules are protected under the California Civil Code, Section 1940 et seq. (Tenant Protections) and administered in part by the California Department of Consumer Affairs. This code sets out the rules landlords must follow for safe, healthy, and informed housing.

Frequently Asked Questions

1. What if my landlord doesn't give me one of these required disclosures?
   If you didn’t receive a disclosure, contact your landlord in writing to request it. If they refuse, you may contact your city’s rental board or the California Department of Consumer Affairs for help. Failure to provide some disclosures may allow you to break your lease or seek legal remedies.
2. Are there different rules for rent-controlled or subsidized housing?
   Most disclosure requirements apply to all rental housing, but additional rules may exist for subsidized housing. Check with your local housing authority for specific requirements.
3. Do I need to sign any of the disclosure forms?
   Yes, for some disclosures like Lead-Based Paint, your signature is required to acknowledge receipt. Always read and keep copies for your records.
4. Can I refuse to move in if the property is in a flood zone?
   You may cancel your lease before moving in if you discover undisclosed hazards; discuss your concerns with your landlord or seek legal advice.

Key Takeaways for California Renters

• California law requires landlords to give renters specific disclosures before move-in.
• Keep all disclosure forms for your records and ask questions if anything is missing.
• Landlords must follow state law, and resources are available if they do not comply.

Need Help? Resources for Renters

• California Department of Consumer Affairs – Landlord/Tenant Information: Official guide to tenancy laws and renter rights.
• California Labor Commissioner’s Office: For issues related to landlord access or workplace-related housing concerns.
• California Courts Self-Help: Housing: Find forms and file complaints about rental issues.
• HUD – California Tenant Rights and Resources
• Local rent boards or housing authorities: Many cities (like Los Angeles and San Francisco) have their own tenant assistance services.

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1. California Civil Code - Tenant Protections, Section 1940 et seq.
2. California Department of Consumer Affairs: Landlord & Tenant
3. Lead-Based Paint Disclosure Form (EPA/HUD)
4. Bed Bug Disclosure Legislation
5. California Megan’s Law Registry
6. Flood Hazard Disclosure (CA Civil Code § 8589.45)
7. California Public Utilities Commission: Utility Disclosures

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