Tenant died in apartment unit two years ago. Landlord discloses death to prospective tenant, mentioning AIDS-related cause. Which statement is correct?
Correct Answer
B) Death disclosure proper; AIDS-cause disclosure improper
Answer B is correct because the death occurred two years ago, which falls within the three-year disclosure window under California Civil Code Section 1710.2, making the death disclosure appropriate and legally compliant. However, disclosing the AIDS-related cause of death directly violates California Health & Safety Code Section 120980, which makes it unlawful for any person to disclose that a prior occupant of real property had or was suspected of having AIDS, rendering the cause-of-death disclosure improper regardless of the landlord's intentions.
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