California Government Code 8589.45 – (a) In every lease or rental agreement for residential property …
(a) In every lease or rental agreement for residential property entered into on or after July 1, 2018, the owner or person offering the property for rent shall disclose to a tenant, in no smaller than eight-point type, the following:
(1) That the property is located in a special flood hazard area or an area of potential flooding, if the owner has actual knowledge of that fact. For purposes of this section, “actual knowledge” includes the following:
Terms Used In California Government Code 8589.45
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
(A) The owner has received written notice from any public agency stating that the property is located in a special flood hazard area or an area of potential flooding.
(B) The property is located in an area in which the owner’s mortgage holder requires the owner to carry flood insurance.
(C) The owner currently carries flood insurance.
(2) That the tenant may obtain information about hazards, including flood hazards, that may affect the property from the Internet Web site of the Office of Emergency Services. The disclosure shall include the Internet Web site address for the MyHazards tool maintained by the office.
(3) That the owner’s insurance does not cover the loss of the tenant’s personal possessions and it is recommended that the tenant consider purchasing renter’s insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss.
(4) That the owner is not required to provide additional information concerning the flood hazards to the property and that the information provided pursuant to this section is deemed adequate to inform the tenant.
(b) The disclosures required by this section are subject to the requirements of § 1632 of the Civil Code.
(Added by Stats. 2017, Ch. 502, Sec. 2. (AB 646) Effective January 1, 2018.)