Landlord-Tenant Required Disclosures

By: Lance T Denha, Esq.

Landlords and property managers are required to follow their federal, state and local laws about informing tenants of policies, facts, and rules about the property. Any information that is shared with a renter about the property or a renter’s rights are considered disclosures. Landlord disclosures can either be included in the lease or rental agreement, or some other form of writing, and are typically shared with the tenant prior to move in.

Federal disclosures include informing a tenant of a lead based paint hazards to tenants, under Title X, for any property that was built before 1978. Other disclosures are dictated by state and local laws. Some state requirements are as simple as informing your tenant who owns the property, while other states have more than 10 required disclosures that must be shared with a tenant before they move in.

State laws will also dictate how the disclosure needs to be communicated with your renters. It can involve using a state produced notice that both the landlord and renter need to sign. Or it could include a simple line item in a lease agreement that your renter needs to initial. Because the requirements vary by state, it is important to have your lease agreement looked over by landlord-tenant attorney in your state to make sure you are including all required disclosures correctly.

Failure to follow state, federal and local requirements regarding disclosures can result in fines for the violations and potential legal or financial problems.

Below are some examples of disclosures required under both Michigan and Florida law.

MICHIGAN LANDLORD DISCLOSURES

Truth in Renting Act.

All rental agreements must prominently state “NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person.” This notice must be no smaller than size 12-point type, or be in legible print with letters not smaller than 1/8 inch.

Rights of domestic violence victims.

A rental agreement or lease may contain a provision stating, “A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b.” If the rental agreement or lease doesn’t have this stated, the landlord must post the provision (in a place visible to a reasonable person) within the landlord’s property management office, or the written statement must be delivered to the tenant when the lease or rental agreement is signed.

FLORIDA LANDLORD DISCLOSURES

Fire protection.

Landlord must tell new tenants about the availability of fire protection in a building over three stories high.

Radon

All rental lease agreements must include the following warning: In all leases, landlord must include this warning: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.” (Fla. Stat. Ann. § 404.056)

Landlord identity.

The landlord, or a person authorized to enter into a rental agreement on the landlord’s behalf, must disclose in writing to the tenant the name and address of the landlord or a person authorized to receive notices and demands on the landlord’s behalf.

In addition to the state laws, obtaining professional counsel to review not only federal and state law, it is also highly advisable to review any required disclosures on the local level.