Disclosure Rights of Tenants

Landlords must disclose certain situations to prospective tenants.

Tenants and potential tenants may not be aware of problems that may affect their right to safe and secure housing. Federal, state and local laws often require landlords to disclose certain circumstances or conditions, such as the presence of lead or the possibility of foreclosure.

Foreclosure

Some states and cities specifically require landlords to disclose to tenants, or potential tenants, a serious risk of foreclosure. In Oregon, for example, landlords are required to disclose defaults, tax liens, and other issues that may lead to foreclosure to prospective tenants.

Environmental Issues

In certain circumstances, landlords may need to disclose information about environmental hazards, such as lead or asbestos, to potential tenants. If a landlord plans a renovation on a property constructed before 1978, federal regulations require the landlord to disclose this information, and provide tenants with information on lead exposure, 60 days prior to the beginning of the project.

Tenant Screening Reports

Landlords can use negative information obtained through a credit check or tenant screening service to deny a rental application or to require a co-signer or higher security deposit. However, the federal Fair Credit Reporting Act requires the landlord to disclose the decision-making process to the applicant. The landlord must also provide the applicant with the name and address of the credit bureau or screening service that provided the information.

References

• Nolo.com: Foreclosure and Renting to a New Tenant: Tenant Remedies
• Nolo.com: Lead Disclosures for Rental Property FAQ
• Landlord.com: California Prop. 65 Asbestos Materials Disclosure Requirements
• Federal Trade Commission: Using Consumer Reports: What Landlords Need to Know