Do You Have to Disclose a Death in a Redondo Beach Rental Unit? Civil Code Section 1710.2

Published August 10, 2026

California landlords, including those renting units in Redondo Beach, do not have to disclose a death on the property if it happened more than three years before the offer to rent, under Civil Code section 1710.2. HIV status and AIDS related deaths are exempt at any time, but a direct lie in response to a direct question is never protected.

The short answer

Under Civil Code section 1710.2, a California landlord does not have to tell a prospective tenant about a death on the property if it happened more than three years before the tenant's offer to rent. Deaths tied to HIV status or AIDS related complications are exempt from disclosure regardless of when they happened. But a landlord can never lie if a tenant asks directly.

Last verified: August 10, 2026

The three year rule, in the statute's own words

Civil Code section 1710.2 protects an owner and the owner's agent from liability for failing to disclose "the occurrence of an occupant's death upon the real property or the manner of death" when that death happened "more than three years prior to the date the transferee offers to purchase, lease, or rent the real property."

Read that carefully. The clock runs from the date of death to the date a specific prospective tenant makes an offer, not from the date you first listed the unit. A death that happened two years and eleven months before one applicant's offer could fall outside the window for an applicant who offers a few weeks later. Track the actual date of death, not just a rough sense of "a while ago."

Inside the three year window, the statute does not require an affirmative disclosure duty either. What it does is remove your liability shield for that period. Whether silence is safe within three years is a closer question that depends on other law and on whether a tenant asks. Get counsel on any death that occurred inside the three year window before you rent the unit.

The HIV and AIDS exemption has no time limit

Separately from the death disclosure window, the statute says an owner or agent need not disclose "that an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications." This exemption is not tied to the three year clock. It applies regardless of how recently the person was living with HIV or died from AIDS related complications, because the statute treats this as a category the landlord is never obligated to volunteer.

Quick reference

| Situation | Disclosure required? | Citation |

|---|---|---|

| Death more than 3 years before the tenant's offer | No, landlord not liable for silence | Civil Code 1710.2 |

| Death within 3 years, no direct question asked | Statute does not create an automatic duty here; get legal advice | Civil Code 1710.2 |

| Occupant living with HIV, any time | No disclosure required | Civil Code 1710.2 |

| Death from AIDS related complications, any time | No disclosure required | Civil Code 1710.2 |

| Tenant directly asks about a death and landlord lies | Not protected, this is intentional misrepresentation | Civil Code 1710.2 |

The line the statute will not let you cross

The protections above have one hard limit. The statute states plainly that none of it "shall be construed to immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning deaths on the real property."

In plain terms, staying silent about an old death is legal. Answering "no" when a tenant asks "has anyone died in this unit" and a death did occur, even one outside the three year window, is not protected. The exemption covers not volunteering information. It does not cover denying the truth when asked.

The statute also does not touch your other disclosure duties. It does not excuse a landlord from disclosing the physical condition of the unit or other health and safety conditions unrelated to HIV status. This section is narrow: it covers deaths and HIV or AIDS status specifically, nothing else.

What this means for a Redondo Beach rental

This is a statewide law, not a Redondo Beach ordinance, so it applies the same way to a rental on the Esplanade as it does anywhere else in California. A few practical notes for a South Bay landlord managing turnover on a unit with any history worth checking:

• Pull the actual date of the death, not a rough recollection, before you rely on the three year window with a specific applicant.
• If a prospective tenant asks directly, answer truthfully. The three year window is a shield against a failure to volunteer information, not a license to misstate facts under direct questioning.
• Keep the HIV and AIDS exemption separate in your head from the death disclosure clock. One is time limited, the other is not.
• If you manage multiple units and turnover regularly, build a simple internal note for any unit with a known death, including the date, so leasing staff can answer questions accurately rather than guessing.

FAQ

Does the three year clock start from the date of death or the date I list the unit?

It runs to the date a specific prospective tenant offers to rent, measured from the date of death. A unit can be inside the window for one applicant and outside it for a later one, depending on timing.

If a death happened two years ago, do I have to bring it up unprompted?

The statute's liability protection only kicks in past three years. Inside the window, whether you have an affirmative duty to volunteer the information is not settled by this section alone. Confirm with a real estate attorney before relying on silence.

Can I say "no one has died here" if it happened four years ago and a tenant asks directly?

No. That is a direct inquiry, and the statute protects you from liability for not volunteering information, not for making a false statement in response to a direct question.

Do I have to disclose if a former tenant was living with HIV?

No. The statute exempts this from disclosure regardless of how recently the person lived in the unit.

Does this law apply only to sales, or to rentals too?

The statute's language covers a transferee who offers "to purchase, lease, or rent," so it applies to rental transactions in addition to sales.

Is there a set penalty if I violate this section?

The retrieved statutory text frames this as a liability and cause of action question rather than listing a fixed dollar penalty. Confirm current exposure with a licensed attorney.

This is general information, not legal advice. Confirm your specific situation against the current statute at leginfo.legislature.ca.gov and with a licensed attorney before relying on it.

Topics: compliance, landlord law, disclosures, South Bay, Redondo Beach

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