stayawake5
New Member
California Civil Code section 2079.10a requires that a notice (certain verbage pertaining to Megans Law) be included in every lease agreement. My current lease does not contain anything to this effect. Is this a sufficiently legal reason to make my lease no longer binding? I have included a copy of the code below.
To be forthright, my fiancee and I want to break the lease for other reasons. Although safety is a concern, it is not our most primary issue with the house. We are just not happy.
I want to thank whomever responds for helping. Lawyers are super cool just for this reason and I look forward to becoming one myself.
Best- JT
2079.10a. (a) Every lease or rental agreement for residential real
property entered into on or after July 1, 1999, and every contract
for the sale of residential real property comprised of one to four
dwelling units entered into on or after that date, shall contain, in
not less than 8-point type, a notice as specified in paragraph (1),
(2), or (3).
(1) A contract entered into by the parties on or after July 1,
1999, and before September 1, 2005, shall contain the following
notice:
Notice: The California Department of Justice, sheriff's
departments, police departments serving jurisdictions of 200,000 or
more, and many other local law enforcement authorities maintain for
public access a database of the locations of persons required to
register pursuant to paragraph (1) of subdivision (a) of Section
290.4 of the Penal Code. The database is updated on a quarterly basis
and is a source of information about the presence of these
individuals in any neighborhood. The Department of Justice also
maintains a Sex Offender Identification Line through which inquiries
about individuals may be made. This is a "900" telephone service.
Callers must have specific information about individuals they are
checking. Information regarding neighborhoods is not available
through the "900" telephone service.
(2) A contract entered into by the parties on or after September
1, 2005, and before April 1, 2006, shall contain either the notice
specified in paragraph (1) or the notice specified in paragraph (3).
(3) A contract entered into by the parties on or after April 1,
2006, shall contain the following notice:
Notice: Pursuant to Section 290.46 of the Penal Code, information
about specified registered sex offenders is made available to the
public via an Internet Web site maintained by the Department of
Justice at www.meganslaw.ca.gov. Depending on an offender's criminal
history, this information will include either the address at which
the offender resides or the community of residence and ZIP Code in
which he or she resides.
(b) Subject to subdivision (c), upon delivery of the notice to the
lessee or transferee of the real property, the lessor, seller, or
broker is not required to provide information in addition to that
contained in the notice regarding the proximity of registered sex
offenders. The information in the notice shall be deemed to be
adequate to inform the lessee or transferee about the existence of a
statewide database of the locations of registered sex offenders and
information from the database regarding those locations. The
information in the notice shall not give rise to any cause of action
against the disclosing party by a registered sex offender.
(c) Notwithstanding subdivisions (a) and (b), nothing in this
section shall alter any existing duty of the lessor, seller, or
broker under any other statute or decisional law including, but not
limited to, the duties of a lessor, seller, or broker under this
article, or the duties of a seller or broker under Article 1.5
(commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of
Division 2.
To be forthright, my fiancee and I want to break the lease for other reasons. Although safety is a concern, it is not our most primary issue with the house. We are just not happy.
I want to thank whomever responds for helping. Lawyers are super cool just for this reason and I look forward to becoming one myself.
Best- JT
2079.10a. (a) Every lease or rental agreement for residential real
property entered into on or after July 1, 1999, and every contract
for the sale of residential real property comprised of one to four
dwelling units entered into on or after that date, shall contain, in
not less than 8-point type, a notice as specified in paragraph (1),
(2), or (3).
(1) A contract entered into by the parties on or after July 1,
1999, and before September 1, 2005, shall contain the following
notice:
Notice: The California Department of Justice, sheriff's
departments, police departments serving jurisdictions of 200,000 or
more, and many other local law enforcement authorities maintain for
public access a database of the locations of persons required to
register pursuant to paragraph (1) of subdivision (a) of Section
290.4 of the Penal Code. The database is updated on a quarterly basis
and is a source of information about the presence of these
individuals in any neighborhood. The Department of Justice also
maintains a Sex Offender Identification Line through which inquiries
about individuals may be made. This is a "900" telephone service.
Callers must have specific information about individuals they are
checking. Information regarding neighborhoods is not available
through the "900" telephone service.
(2) A contract entered into by the parties on or after September
1, 2005, and before April 1, 2006, shall contain either the notice
specified in paragraph (1) or the notice specified in paragraph (3).
(3) A contract entered into by the parties on or after April 1,
2006, shall contain the following notice:
Notice: Pursuant to Section 290.46 of the Penal Code, information
about specified registered sex offenders is made available to the
public via an Internet Web site maintained by the Department of
Justice at www.meganslaw.ca.gov. Depending on an offender's criminal
history, this information will include either the address at which
the offender resides or the community of residence and ZIP Code in
which he or she resides.
(b) Subject to subdivision (c), upon delivery of the notice to the
lessee or transferee of the real property, the lessor, seller, or
broker is not required to provide information in addition to that
contained in the notice regarding the proximity of registered sex
offenders. The information in the notice shall be deemed to be
adequate to inform the lessee or transferee about the existence of a
statewide database of the locations of registered sex offenders and
information from the database regarding those locations. The
information in the notice shall not give rise to any cause of action
against the disclosing party by a registered sex offender.
(c) Notwithstanding subdivisions (a) and (b), nothing in this
section shall alter any existing duty of the lessor, seller, or
broker under any other statute or decisional law including, but not
limited to, the duties of a lessor, seller, or broker under this
article, or the duties of a seller or broker under Article 1.5
(commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of
Division 2.
