Landlords
have a legal responsibility to disclose to a potential tenant if there has been
a Notice of Default filed on the property.
Over
the years I have had a lot of working experience with both landlords and
tenants. What I have found is that some landlords feel disclosure is not
necessary if their intention is to catch up the payments and reinstate the
loan. Their attitude is that it is unnecessary to inform the potential
tenant since they are planning to catch up the payments and to keep the
property. Unfortunately, as most of us know, financial stress can lead to
one-sided thinking and that is why this law has been established.
Under
current law, if the landlord has received a Notice of Default, it must be
disclosed to the potential tenant, in writing ,before the tenant enters into a
contract with the landlord. If the Notice of Default has been rescinded, then
no disclosure is required. This law applies to any single family residence and
residential units with one to four units.
Landlords
in default should know that the law also states that if a landlord violates
this disclosure law, the tenant can elect to void the lease. If voided, the
tenant can recover one month’s rent or twice the amount of actual damages,
whichever is greater, plus all prepaid rent, as well as any other remedies
available. If the lease is not voided and the foreclosure sale has not
occurred, the tenant may deduct one month’s rent from future amounts owed. The
written disclosure notice as provided by statute must be in English, Spanish,
Chinese, Tagalog, Vietnamese, and Korean.
It
is also important to note that a property manager will NOT be held liable for
failing to provide the written disclosure notice unless the landlord has given
the property manager written instructions to deliver the written disclosure to
the tenant.