Some people ask if the landlord has to provide you with information regarding deaths in the house you are signing a lease with. Well the article below shares …

With Halloween quickly approaching, you might find yourself a bit more ghost-conscious. Sure, you might not believe in living spirits or hauntings, but the end of October is always an eery time of year no matter your beliefs.

Your landlord is likely legally responsible for informing you of potential property harms like lead-based paint, but what about hauntings? While your landlord probably won’t scare off potential tenants with past ghost encounters, they may be legally obligated to inform you of a past death on their property.

Consider the following rules sellers and landlords are subject to following a death on their property to determine if you have the tools to avoid a spooky home.

Death Disclosure Rules for Landlords

Landlord laws surrounding death disclosures aren’t as black-and-white as sellers laws. Unfortunately, disclosure requirements regarding deceased tenants vary widely state by state, so doing some outside research on your state’s laws is necessary if this is something you’re concerned about – prior to signing the lease and locking down a long-term tenancy.

In California, for example, landlords can voluntary disclose deaths occurring in the past three years to potential tenants. However, they are restricted from providing any details about the deceased, including family, lifestyle, job or identity. According toCalifornia Civil Code 1710.2, the landlord is not required to provide this information unless asked directly by the leaseholder, in which case they must answer with minimal information.

As is in California, landlords in Georgia don’t have to disclose past death information unless directly asked. However, they are allowed more freedom in providing details surrounding the death, including cause of death, as described in O-C-G-A 44-1-16 (2010). Specifics regarding site of homicides, suicides or fatal accidents are not only allowed, but required when inquired about.

Oregon tenants aren’t as lucky. As outlined in ORS 93.275, under “incidents not material facts to real property transaction,” landlords are not legally obligated to inform tenants of past deaths and won’t be subject to legal repercussions after hiding such property details. This leaves renters in Oregon financially liable for their leases, regardless of a supposed haunting or supernatural activity.

Finding out if a Death Occurred on a Property

For states that don’t require landlord disclosures surrounding deaths on a property, tenants can take matters into their own hands before signing a long-term lease. The service DiedInHouse.com lets both renters and buyers check property history at a low cost. Not only does DiedInHouse.com provide customers with a “yes” or “no” to deaths on their property, they search records for the following specifics:

• Has a death occurred?
• Who died?
• When did they die?
• What was the cause of death?
• Names associated with the address
• Vitality status of previous residents
• Additional information regarding the death(s)
• Illegal Methamphetamine activity, including labs, “dumpsites” or “chemical and glassware” seizures
• Reported fire incidents at or near the property

Regardless of your superstitions, or lack thereof, it’s comforting to understanding all of your rights as a renter or buyer. You’ll be happy your lease can be broken if your state laws require past death disclosures and you continuously hear thumps in the night. Happy Halloween!