Is it legal to sell property and not disclose there were unresolved property damage claims?

Full question:

What protects a tenant when the land owner conveys the property when several conditions of unresolved damage claims are unsettled? The buyer wasn't informed or doesn't care.

  • Category: Real Property
  • Subcategory: Seller's Disclosures
  • Date:
  • State: National

Answer:

The answer depends on the terms of the sales contract and the
nature of the claims. Generally, the contract of sale will determine
whether the buyer assumes the claims pending on the property or not. In
the event of a transfer of the lessor's interest in the leased premises
during the term of a lease, the landlord must also transfer to the new
owner the sum deposited as security for performance of the lease and the
former landlord is then relieved of further liability with respect to
the security deposit. The new landlord is then responsible for the
return of the lessee's deposit at the termination of the lease.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In California, renters have the right to live in habitable conditions. This means the property must meet basic health and safety standards. If a landlord fails to address serious issues like leaks, mold, or pest infestations, tenants can request repairs in writing. If the landlord does not respond, tenants may have the right to withhold rent, make repairs and deduct costs, or even terminate the lease. It's advisable to document all communication and conditions. For severe issues, tenants can also report the landlord to local health or building authorities. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*