California landlord didn't provide lead paint, sex offender or pesticide information to tenant?

Question

What are the penalties for a California landlord who does not provide the required disclosure notices such as lead paint notice, pesticide information, sex offender information, and mold information to a tenant? Can the failure of the landlord to provide this information be used as an affirmative defense in an eviction for nonpayment of rent or would the tenant be required to file a cross-complaint against the landlord for negligence or something else along those lines?

Answer 1

Every day I give thanks that I don't have to live in Kalifornia. Did he also fail to warn you that wet surfaces can be slippery and gravity makes you fall down?

Answer 2

No, but that's easily checked on the Sex Offender's website as every sex offender is required to register their address every time they move in order for the police to keep track of them. Properties especially HOA's can have by laws that prevent a known sex offender from purchasing in their community, however, if an apartment community has no such law then how would the landlord know whether or not the person was a known sex offender in order to disclose it? That kind of question is NOT asked on any application, however, most if not all landlords do run a criminal background check on all potential applicants along with a credit check, if it comes up the landlord has the right to refuse the person based on that alone, however, if they do rent to them they are under no obligation to reveal that information to anyone. According to this answer: Due to federal regulations regarding those on the sex offender registry, it would be a violation of federal law to discuss or divulge information currently listed on any state or national registry in the US. The registries are considered for informational purposes only, thus it would not only be inappropriate for a landlord to notify other tenants, it would be a federal offense, and in all likelihood a state felony. So it's illegal for them to do so. Hope this answers your question.

Answer 3

The landlord is not required to tell you about sex offenders in the area, that's up to you. As for the other hazards, if they don't exist in your rental unit, then you don't need to be notified of them.

Nothing, short of blantantly breaking your lease contract, is an affirmative defense for not paying your rent -- and sometimes even that doesn't work. The landlord can only be liable on a cross-complaint for negligence if there was something he was negligent about, and none of the examples you cited qualify.

Answer 4

The first thing the judge will want to know is if you put your rent in an escrow account under court supervision. If not, he will propably not even hear your defense. You didn't follow proper procedure on your complaints and therefore had no right to withhold rent. It's all outlined in your local landlord/tenant laws. Read up.

Answer 5

In California a Landlord MUST provide a Lead Paint Disclosure if the property was built prior to 1978. It count (ask an Attorney) negate/ Cancel/ Void the rental agreement or lease. You could ask the court for damages for violating your rights.

Answer 6

Lead paint is not a California problem. That is an EPA problem. You can find the number for them in your area on the internet or in the phone book. Pesticides, unless it is a chemical that is banned is not a problem legally. Morally yes, legal no. Sex offenders, that is your problem. You should have done your own research on the area before moving there.

Answer 7

Is there lead paint? He shouldn't have to tell you unless there is!
Pesticide information, maybe.
Sex offender Information? Why is this his problem, I think it's yours.

Answer 8

Instead of paying rent or leaving as requested, you want to stay for free because of a formality such and lead based paint disclosure? From what you've posted, none of these items has been an issue, you just want free room and board?