Tenant died in apartment unit two years ago. Landlord discloses death to prospective tenant, mentioning AIDS-related cause. Which statement is correct?
Question & Answer
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Death disclosure required only for sales, not rentals
A is incorrect because death disclosure requirements do apply to rentals in California, not just sales. The California Civil Code requires disclosure of deaths that occurred within the past three years for both sales and rentals.
Death disclosure proper; AIDS-cause disclosure improper
Death disclosure proper; cause-of-death disclosure never allowed
C is incorrect because while cause-of-death disclosure is improper, death disclosure itself is required. The law mandates disclosure of deaths but protects the privacy of the deceased by prohibiting disclosure of specific medical details.
Death disclosure required only if within past year
D is incorrect because California's disclosure requirement for deaths in rental properties extends beyond the past year. The law requires disclosure of deaths that occurred within the past three years, not just within the past year.
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