Should Landlords and Leasing Agents Disclose if Death Occurred in the Property?

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Choosing the perfect property is very crucial for most tenants. They will not only look at the structure, but they will also take in the tiny details. For some, it is not enough to look at the rental alone. Some tenants will check if they like the area surrounding it and if there are nearby establishments. Simply put, a lot of factors affect the tenant’s decision, including the property’s history. Landlords should also anticipate questions about previous renters. Were the previous tenants evicted? Did someone die on the property? Find out more about disclosing information.

Death is inevitable for everyone, with no exceptions. So it is not impossible if a tenant’s death occurred on a property. The question is should landlords inform the next renters? It’s yes, and no. It depends. Let me tell you why.

• Psychological Impact

A previous death in the property can affect its ability to attract tenants. Some might not be bothered about it, but some will. Whether we like it or not, some tenants will not rent a property where the death occurred. There exists a psychological and emotional impact that will cause the property to remain vacant. These properties are called psychologically impacted rentals. But what if the landlord does not tell them? Is that allowed?

• Disclosing information

The answer is simple. Disclosing if a death occurred in a rental will depend on the local state law. Some states will require the landlord to admit a previous death, while some will not. If the law requires it, the landlord will not have a choice. He must disclose the information or risk getting sued. The data will include how the death occurred (natural causes, homicide, etc.).

I’m constantly saying that knowing the local state laws is crucial for landlords and leasing agents such as yourself. And this is one of the reasons why. A landlord does not have the liberty to choose because the law will decide for him.

• Different State Laws

I’m going to give examples of the different states and their laws about previous deaths.

Florida

If the property is in Florida, the landlord has no obligation to disclose the information. He is not required to let the potential tenants know if the property has been a setting for homicide or suicide. Because of this, the tenant cannot sue the landlord or leasing agent for not declaring a previous death.

California

California law states that a landlord is obligated to disclose that a previous death occurred within three years. However, the data must be limited and kept to a minimum. The landlord does not have to tell them the tenant’s identity, job, and lifestyle. The only thing they need to know is that a death occurred and its cause. If a tenant asks about deaths that occurred for more than three years, the landlord should still disclose it. However, he must not voluntarily give out the information if not asked.

Oregon

The Oregon law is similar to that of Florida’s. The landlord is not required to disclose any information about a previous death. A tenant cannot take any course of action against the landlord if he fails to inform them of this.

Georgia

In the state of Georgia, landlords do not have to inform them voluntarily of death in the rental. If the tenant asks, the landlord can discuss the cause and location of death. But if not, they do not have to tell them.

It all boils down to the tenant’s preference. We cannot force them to rent if they feel uncomfortable. The best option is to follow what the law says to avoid any complaints from future tenants.

But don’t worry. Once they see your property listing at Padleads that highlights the best features of the property, they might be willing to overlook the death history. If they don’t, you can syndicate the listing to other websites where you will surely find the perfect tenant for your landlord.

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