Previous owner had die...

[Paul Chen]

How hard is it going to be to rent a property (SFH) out? Which previous owner had die in it from old age; 90+ years old; blind; die peacefully in her sleep. Am debating on this issue to buy this property or not.

Thanks.

[Connie Brzowski]

How about, "Don't ask, don't tell" :mrgreen:

I just assume someone's died in most older homes. It happens... people grow old, get sick and want to go home to spend their last days with family and friends.

Honestly-- it shouldn't be a problem. I wouldn't give it another thought.

Now a violent crime or murder is another story altogether...

[Paul Chen]

I would like that to simplify things, however, had found out on the net that I’ve to disclose it by CA law in addition to confirmed with my realtor that‘s the case. Beside the tenants might find out later from the neighbors and decide to sue me for not disclosing it to them. Planning on having a Mass to bless the house if it will help for the tenant’s peace of mind and mine. I can’t no longer project how it would feels from a tenant’s perspective due to my own mother had past away a year ago also especially this is not the case of a tragedy resulting from... which I do agree with your view however. I personally like the house very much, didn’t get any negative vibes when initially checked it out, but than again, that was before my realtor had told me about it. Though, I don’t know if it will sinks in to me positively as time goes by, but so far am feeling calm, without being there / living in it that is.

Thanks.

[Michael Rossi]

Bless the house? Are you kidding? Dying is an absolutely normal part of life. People are born, live, and die. There are almost 7 BILLION people on the planet and every one of them will die somewhere.

What needs to sink in? Someone died in the house, and as eyesorenomore said, that's true of almost every old house. Liking a house and feeling calm about it is totally irrelevant. The purpose of rental properties is to make money. I honestly don't think you are cut out for the rental property business. This business has a LOT of very real negative "vibes", not including restless ghosts wandering around your property.

Good Luck,

Mike

[Paul Chen]

Thank you for your advise & statistic. I would also like to fulfill the last 2 of the 5 years owner occupancy term aside my primary concert of the degree of difficulty for renting it out. Am hoping some rental property owners who can share their tenant’s view in this aspect.

[Connie Brzowski]

If I understand correctly... are you saying that *you* plan to live in the house for a couple of years? And you're not sure how comfortable you are with this idea?

And that California law requires that you disclose a death from natural causes to each and every tenant that applies?

If that's correct, then I'd just concentrate on yourself-- if you're comfortable with the idea then buy the house and don't worry. If *you* aren't okay with it, then any conflict you might feel will be communicated to your prospective tenants. In that case, you might want to look for a different house.

[Paul Chen]

Thank you for your patient and trying to understand my mixed feelings about living in this house myself. My primary concern is that some/most of the tenants might mind about this, thus it will takes longer to have the rent income going (or I probably have to discount the rent when the tenants ask for it. If no luck after a while), which my first few years of the mortgage payments will be pending on it and hopping not to dip into to my reserved money.

Yes, I’ve to live in the house for any of the 2 continuous years out of a 5 years period in order to qualify Home Owner Occupancy term, so when I sell the house later, I can deduct 250K (or 500K, if married filing jointly) from the sale price of the property, and pay capital gains tax on the difference.

“Under California law, if a tenant dies in the rental property, you should disclose that fact of the death, and the manner of death to any prospective renter or purchaser for three years, from the date of the tenant's death.” By a Landlords' Attorney - McKinley, which page I’m not qualify to post here yet.

Thank you very much to break this down for me, I’ll just have to weight the differences. It’ll sure help me to decide if I can get an idea on how would the tenants feel about it in the house rental market rather than how I feel due to my other circumstances that I’ve to prioritize in such way. Speaking of which I shouldn’t even have brought up the issue of my mixed feelings to begin with and confuses everyone here, my apology.

Nevertheless, both of you don't think it's such a big issue from your previous replies.

Thanks

[Michael Rossi]

Frankly, I have serious doubts that this is California law. Laws don't normally include the word "should". If it does say "should" then obviously you aren't required to do so.

In the four years I've been in business and with dozens of rentals and literally talking to thousands of applicants, I have NEVER had an applicant ask if anyone died in a property - NEVER.

I think it's a non-issue.

Mike

[Paul Chen]

Thank you for your positive outlook. Opening escrow tomorrow.

[Paul Chen]

Tenant's death

If the previous tenant died in a rental property, am I required by law to disclose the death to the future tenants who want to rent that property?

Landlords' Attorney McKinley: Yes. Under California law, if a tenant dies in the rental property, you should disclose that fact of the death, and the manner of death to any prospective renter or purchaser for three years, from the date of the tenant's death. The exception that proves the rule is that if the former tenant died of AIDS or any HIV-related illness, or even was HIV positive, you may not disclose that detail to any prospective renter or buyer.

Tenants' Attorney Kellman: Yes and no. The law does not specifically demand that you disclose the manner of death within three years of the death but on the other hand, it will not protect you from a lawsuit if you do not make the disclosure to a new tenant.

James is right about the advice to make the disclosure if you want to be shielded from a lawsuit. If you fail to disclose it, a tenant may sue you for concealing a material fact. Of course, the tenant would have to prove they were damaged by your failure to tell them of this death.
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So, I have to disclose it voluntary without the tenants asking?