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Quickie Question- I had a tenant commit suicide in my rental property. Do I have to disclose this information when I try and re-rent the property? If I don't and the tenant wants to break the lease am I required by law to do so. Also if you can give me the statue number or whatever it is so I can look it up myself. Thanks
Hello,Each state's laws are unique to that state with regard to disclosures. What state are you in?If you already posted this info in the additional info section ,we can't see it until we post.Thanks.MattMy ultimate goal is your satisfaction. I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption. Thank you for your consideration.The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.
Bay County in Florida.40047.0340409722
If there is a death or suicide in a property it is considered "stigmatized" but Florida law does not require that you disclose this information to prospective tenants. This information is only required to be disclosed on the Sellers Disclosure form to a prospective buyer.
Florida case law supports the same principle of keeping sellers honest. In the 1986 landmark case Johnson vs. Davis, the Florida Supreme Court found that sellers cannot conceal material defects. In that case, some prospective buyers were looking at a home and noticed evidence of a roof leak. When they asked about it, the sellers admitted there was a leak long ago but that it was completely repaired. Before closing on the house, it rained, and the buyers discovered that the roof was still leaking. They sued to get their deposit back and won.
So there is no actual statute on the books, only caselaw that reflects the seller's duty to disclose. There is no such duty between a landlord and tenant and the tenant is bound under the contract the same as if no event happened.
Thanks.
Matt
My ultimate goal is your satisfaction. I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption. Thank you for your consideration.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.
Attorney
12 yrs practice, Realtor, Landlord 20+ yrs