Death of a lone tenant inside an apt. unit; after restoration, should incoming renter(s) be informed?

The death of a lone male tenant inside an apt. unit was discovered by neighboring units by bad odor; the decomposed body was removed by the Coroner's Office; the unit is now restored with new paint, floors, window blinds and appliances to re-rentable condition; the question is during tenant searches and showings, should the incidence of death be revealed for this apt. unit?
In Property Management - Asked by Jient L. - Jul 16, 2014
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Answer(s)

Curtis E.
Broker/Agent
Golden Meadow, LA

According to the state you live in, you may need to report it. I would let the new tenants know anyway as some people will not live in a place where someone passed away, in fact they may sue you if you do not disclose it. We live in a global connected world and you would be surprised how some people deal with this.

Jul 17, 2014
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Sylvia S.
Broker/Agent
Providence, RI

Chances are, someone has passed away in the house at some point, especially if it's an older home (when people died in their home rather than in hospitals).
The fact that someone passed, has nothing to do with the location or condition of the property.

Jul 17, 2014
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Philip D.
Property/Asset Manager
New Westminster, BC

I agree with Sylvia S. As long as you have done your due diligence and have had the unit cleaned as per local regulations along with what would be common sense renos, the unit should not be affected negatively.

Jul 17, 2014
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Mindy R.
Broker/Agent
Redlands, CA

Must disclose CA. BRE Law clear disclosure RED FLAG.

Jul 18, 2014
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Marvin J.
Hutchinson, KS

Absolutely, you should notify the prospective new tenant, if nothing else out of good respect. Yes, laws do vary state-by-state on this issue and they should be obeyed per each state law.

Jul 19, 2014
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viswanathan s.
Broker/Agent
Ponte Vedra Beach, FL

In Florida it is illegal to disclose death in a unit OR if a person with HIV/AIDS lived in the rental unit.

Jul 19, 2014
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George B.
Broker/Agent
Garden Ridge, TX

Yes, depending on the regulations. However, if the death was not related to the condition of the property at the time of the death, it may not be required to report it to the prospective buyer. My motto is: The Golden Rule: Would I want to know, and my answer is yes and so I would let the buyer know.
Jean Brannon, Broker/Owner
Brannon Properties, LLC

Jul 20, 2014
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omar g.
Broker/Agent
Gilbert, AZ

In the state of AZ it is not necessary to disclose such an incident. If the client asked specifically then you have to disclose.
What they don't know should not bother them.

Jul 20, 2014
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Dottie M.
Broker/Agent
Citrus Heights, CA

If its in California definitely let them know if it has been within 3 years. If it is not disclosed you can be sued as there a many people who will not enter a structure if someone has died in it.

Jul 20, 2014
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Michael E.
Broker/Agent
Houston, TX

Under California Civil Code Section 1710.2, if someone dies on the property, it's a material defect – but only if the death occurred within three years of the date you make an offer to purchase or rent the home. Technically, if the property was the location of a mass murder in 1975, the seller, lessor, agent or broker does not legally have to volunteer the information.
CCCS 1710.2 makes an exception for deaths caused by acquired immune deficiency syndrome. Federal law classifies AIDS as a disability, so disclosure of someone's death due to this cause is considered discriminatory. California law also provides that if you actually ask the seller or lessor about deaths that may have occurred on the property, the owner can't lie. The California Association of Realtors recommends that their agents come clean if questioned, no matter how long ago the death occurred. This doesn't hold true for AIDS-related deaths, however.

Jul 22, 2014
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Karl-Heinz F, K.
Broker/Agent
Salt Lake City, UT

It is not an issue that need be disclosed in Utah, but when I sold a property recently, I did not removed the evidence and answered questions regarding why and how he killed himself. There are certain cultures that will not even move into a home, if the previous owner even died in a one car roll over several counties away...in which case I sold the property to the buyer and then resold it after a few renovations with a profit and was a limited agent handling both sides and everyone was informed. After forty years in this industry I see laws change just to satisfy often superstitious groups. In Utah it is generally understood that the death does not affect the real estate... Here it is deemed respectful to honor a dying persons request not to be rushed out of a home, because death is near...Respectfully, Karl UtahRealtorKing@gmail.com

Jul 24, 2014
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