What Disclosures Do Landlords in California Need to Give Tenants?

California, like many states, requires landlords to make disclosures to tenants, usually in writing and at the start of the tenancy. These disclosures are designed to help renters make informed decisions about whether a particular property is a good match for their needs, and to inform renters about their rights and responsibilities. Here's a list of the rental disclosures that are required by California law (note that federal law might require California landlords to also disclose knowledge about lead-based paint).

Ability to Access a Registered Sexual Offender Database

Landlords must include the following language in every lease and rental agreement: "Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides." (Cal. Civ. Code § 2079.10a (2024).)

Whether They'll Be Paying for Others' Utilities

Prior to signing a lease or rental agreement, landlords must disclose whether gas or electric service to the tenant's unit also serves other areas. They must also disclose how the costs will be allocated. (Cal. Civ. Code § 1940.9 (2024).)

Ordnance Locations

Prior to signing a lease or rental agreement, landlords must disclose known locations of former federal or state ordnance in the neighborhood (within one mile of the rental property). (Cal. Civ. Code § 1940.7.)

Mold

Landlords who know (or have reason to know) that mold in the rental exceeds permissible exposure limits or poses a health threat, must provide prospective and current tenants with a written disclosure of the same. Landlords must make the disclosure to prospective tenants before they enter into the lease or rental agreement. (Cal. Health & Safety Code § 26147 (2024).)

Landlords must also distribute to prospective tenants (before they enter into the lease or rental agreement) a consumer handbook, developed by the State Department of Health Services, describing the potential health risks from mold. (Cal. Health & Safety Code § 26148 (2024).)

Pest Control History

When the rental agreement is signed, the landlord must provide the tenant with any pest control company disclosure that the landlord has received. It should describe the pest to be controlled, pesticides used (and their active ingredients), a warning that pesticides are toxic, and the frequency of the treatment if there is a contract for continuing pest control service. (Cal. Civ. Code § 1940.8 (2024); Cal. Bus. & Prof. Code § 8538 (2024).)

Intent to Demolish Rental Unit

Before accepting any deposits or screening fees, landlords or their agents who have applied for a permit to demolish a rental unit must give prospective tenants written notice of this fact. (Cal. Civ. Code § 1940.6 (2024).)

No Smoking Policy

For leases and rental agreements signed after January 1, 2012: If the landlord prohibits or limits the smoking of tobacco products on the rental property, the lease or rental agreement must include a clause describing the areas where smoking is limited or prohibited (does not apply if the tenant has previously occupied the dwelling unit).

For leases and rental agreements signed before January 1, 2012: A newly adopted policy limiting or prohibiting smoking is a change in the terms of the tenancy and requires adequate notice in writing (will not apply to lease-holding tenants until they renew their leases; tenants renting month-to-month must be given 30 days' written notice).

(Cal. Civ. Code § 1947.5 (2024).)

Flood Potential

In leases or rental agreements signed after July 1, 2018, the landlord must disclose, in at least eight-point type, that the property is in a special flood hazard area or an area of potential flooding if the landlord has actual knowledge of this fact. Actual knowledge includes receipt from a public agency so identifying the property; the fact that the owner carries flood insurance; or that the property is in an area in which the owner's mortgage holder requires the owner to carry flood insurance.

The disclosure must advise the tenant that additional information can be found at the Office of Emergency Services' website, and must include the URL for the MYHazards tool maintained by the Office. The disclosure must also advise the tenant that the owner's insurance will not cover loss to tenant's property, and must recommend that the tenant consider purchasing renter's insurance that will cover loss due to fire, flood, or other risk of loss. The disclosure must note that the owner is not required to provide additional information. (Cal. Gov't. Code § 8589.45 (2024).)

Bed Bug Information

Before signing a lease or rental agreement, landlords must give potential tenants information about bed bugs, including information about their behavior and biology, the importance of cooperation for prevention and treatment, and the importance of promptly reporting any suspected infestations in a written notice to the landlord. (Cal. Civ. Code § 1954.603 (2024).)

Methamphetamine Contamination

If a property has been contaminated and is subject to a remediation order, the landlord must provide written notice of and a copy of the order to all prospective tenants who have submitted an application. The tenant has to acknowledge receipt of the notice in writing before signing a rental agreement, and the landlord must attach the notice to the rental agreement. If a landlord fails to provide this notice, the prospective tenant can void the rental agreement.

For the rental of mobile homes and manufactured homes, the landlord must notify prospective tenants, in writing, of all methamphetamine laboratory activities that have taken place in the mobile home or manufactured home, and any remediation of the home or vehicle, and the property can't be rented until the prospective tenant is provided with a copy of the order. If there is already a tenant, the landlord must attach the notice and order to the rental agreement. (Cal. Health & Safety Code § 25400.28 (2024).)

Death on the Premises Within the Past Three Years

Landlords must disclose if an occupant has died at the property within the past three years. Landlords are not required to disclose that an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications. (Cal. Civ. Code § 1710.2 (2024).)

Information About the Tenant Protection Act of 2019

The Tenant Protection Act of 2019 requires some landlords to make certain disclosures in order to protect both landlords' and tenants' rights.

Landlords of Single-Family Tenancies Not Subject to the Act

Landlords of single-family rentals that are not subject to the Tenant Protection Act of 2019 must put the following notice in the lease or rental agreement: "This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." (Cal. Civ. Code §§ 1946.2(e)(8), 1947.12 (2024).)

Landlords of Single-Family Tenancies That Are Subject to the Act

For tenancies subject to the Tenant Protection Act, the landlord may terminate the lease in order to move in the owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents. If the lease was entered into on or after July 1, 2020, though, the landlord can terminate the lease for this reason only when the tenant agrees in writing OR when the lease specifies that the owner can terminate the lease for this reason. (Cal. Civ. Code § 1946.2(b)(2)(A) (2024).)

Landlords of Any Tenancies Subject to the Act

Owners of rentals subject to the Tenant Protection Act of 2019 must provide the following in a written notice to tenants or include it in the written lease or rental agreement: "California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information." The notice must be in at least 12-point type. (Cal. Civ. Code § 1946.2(f) (2024).)

Additional Information

Nolo's Laws and Legal Research section can help you find and read statutes and court decisions.

Check your local ordinances—especially if your rental unit is covered by rent control—for any disclosure requirements. To find yours, check your city or county website (Municode lists many), or contact the office of your mayor, city manager, or county administrator.

Finally, see the article Required Landlord Disclosures for details on federally required landlord disclosures and other rental property disclosures.