California Required Disclosures for Landlords: Complete List

Under the California Civil Code of 1872 (which became effective on January 1, 1873), California requires landlords to disclose a wide range of information to tenants before or at the beginning of a tenancy. Failure to make required disclosures can result in statutory penalties, tenant lawsuits in the Superior Court of California, and may jeopardize your ability to enforce lease terms or pursue an eviction.

Federal Disclosures

Official Law Citations: California residential disclosure requirements are governed by multiple statutes including Civil Code §2079.10a (Megan's Law)Preview unavailable, Civil Code §1710.2 (Death on Property)Preview unavailable, Government Code §8589.45 (Flood Hazard)Preview unavailable, Health & Safety Code §26147 (Mold)Preview unavailable, and Civil Code §1954.603 (Bed Bugs)Preview unavailable.

Lead-Based Paint (Pre-1978 Properties)

For any residential property built before 1978, landlords must:

1. Provide the EPA pamphlet "Protect Your Family From Lead in Your Home"
2. Disclose any known lead-based paint or hazards
3. Provide any available reports or records on lead-based paint
4. Include a lead disclosure form signed by both parties in the lease

Penalty: Up to $21,227 per violation (inflation-adjusted for 2024-2025) under federal law.

State Disclosures

Megan's Law (Sex Offender Database)

Landlords must include a statutory notice, in not less than 8-point type, informing tenants about the existence of the Megan's Law database (Civil Code §2079.10a). The notice must direct tenants to the California Department of Justice sex offender registry at www.meganslaw.ca.govPreview unavailable.

Mold Disclosure

Landlords must provide written disclosure to prospective and current tenants when they know, or have reasonable cause to believe, that mold is present that exceeds permissible exposure limits or poses a health threat (Health & Safety Code §26147). Separately, landlords must also distribute the state-approved consumer booklet on mold health risks to prospective tenants prior to signing a lease (Health & Safety Code §26148).

Bed Bug History

Under Civil Code §1954.603, landlords must provide tenants with information about bed bugs, including their behavior and biology, and must provide a specific notice regarding how to report suspected infestations. Landlords are prohibited from showing or renting a unit that has an active infestation.

Flood Hazard Zone

For any residential lease entered into on or after July 1, 2018, if the landlord has actual knowledge that the property is located in a special flood hazard area or an area of potential flooding, the landlord must disclose this in the lease in not less than 8-point type (Government Code §8589.45).

Military Ordnance Location

Landlords who have actual knowledge of a former federal or state ordnance location within one mile of the rental property must provide written notice to prospective tenants prior to executing a rental agreement (Civil Code §1940.7).

Demolition Intent

If a landlord has applied for a permit to demolish a residential unit, they must provide written notice to prospective tenants before entering into a rental agreement or accepting any fees (Civil Code §1940.6). The notice must include the expected date of demolition.

Pest Control Reports

If a landlord has a contract for periodic structural pest control service, the landlord must provide each new tenant with a copy of the notice provided by the pest control company (Civil Code §1940.8). This overrides the general disclosure requirements of Business and Professions Code §8538 for residential tenancies.

Smoking Policy

Landlords must disclose the smoking policy for the property in the lease agreement, including whether smoking is prohibited or limited to specific areas (Civil Code §1947.5).

Death on the Property

Landlords must disclose any death that occurred on the property within the last three years, if they have knowledge of it, per Civil Code §1710.2. Deaths from AIDS-related complications or HIV status are strictly exempt from disclosure.

Shared Utility Arrangements

If a rental unit does not have a separate gas or electric meter, and the landlord knows that the service also provides utilities to areas outside the tenant's dwelling, the landlord must disclose this arrangement and reach a written agreement on how costs are allocated (Civil Code §1940.9).

Registered Structural Pest Control Company

If the property is under contract with a structural pest control company, the landlord must provide the name and address of that company to the tenant.

AB 1482 Disclosures (Tenant Protection Act)

Under Civil Code §§ 1946.2 and 1947.12, if the property is subject to the Tenant Protection Act of 2019, landlords must provide a specific statutory notice informing the tenant that the property is subject to rent caps and just cause eviction protections. If the property is exempt (e.g., single-family homes not owned by a corporation), a specific exemption notice must be included in the lease or as a written addendum.

Best Practices for Managing Disclosures

1. Use a Disclosure Packet - Create a standardized bundle for each new lease to ensure no statutory notice is missed.
2. Obtain Signed Receipts - Have tenants sign and date an acknowledgment of receipt for each specific disclosure.
3. Verify Local Ordinances - Cities like Los Angeles, San Francisco, and San Jose may have additional local disclosure requirements (e.g., LARSO notices).
4. Superior Court Filing - Ensure all required disclosures were provided before filing any Unlawful Detainer action in the Superior Court of California, as failure to disclose can be a valid defense.

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