Section 25359.7 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25359.7
. (a) Any owner of nonresidential real property who knows,
or has reasonable cause to believe, that any release of hazardous
substance has come to be located on or beneath that real property
shall, prior to the sale, lease, or rental of the real property by
that owner, give written notice of that condition to the buyer,
lessee, or renter of the real property. Failure of the owner to
provide written notice when required by this subdivision to the
buyer, lessee, or renter shall subject the owner to actual damages
and any other remedies provided by law. In addition, where the owner
has actual knowledge of the presence of any release of a material
amount of a hazardous substance and knowingly and willfully fails to
provide written notice to the buyer, lessee, or renter, as required
by this subdivision, the owner is liable for a civil penalty not to
exceed five thousand dollars ($5,000) for each separate violation.
(b) Any lessee or renter of real property who knows or has
reasonable cause to believe that any release of a hazardous substance
has come or will come to be located on or beneath that real property
shall, within a reasonable period of time, either prior to the
release or following the discovery by the lessee or renter of the
presence or believed presence of the hazardous substance release,
give written notice of that condition to the owner of the real
property or to the lessor under the lessee's or renter's lease or
rental agreement.
(1) A lessee or renter who fails to provide written notice when
required by this subdivision to the owner or lessor is subject to
actual damages and any other remedy provided by law.
(2) If the lessee or renter has knowledge of the presence of a
release of a material amount of a hazardous substance, or of a
hazardous substance release that is required to be reported to a
state or local agency pursuant to law, on or under the real property
leased or rented by the lessee or renter and knowingly and willfully
fails to provide written notice when required by this subdivision to
the owner or lessor, both of the following shall apply:
(A) The failure is deemed to constitute a default, upon the owner'
s or lessor's written notice to the lessee or renter, under the
lessee's or renter's lease or rental agreement, except that this
subparagraph does not apply to lessees and renters of property used
exclusively for residential purposes.
(B) The lessee or renter is liable for a civil penalty not to
exceed five thousand dollars ($5,000) for each separate violation.
(3) A lessee or renter may cure a default under the lessee's or
renter's lease or rental agreement which resulted from a violation of
this subdivision, by promptly commencing and completing the removal
of, or taking other appropriate remedial action with respect to, the
hazardous substance release. The removal or remedial action shall be
conducted in accordance with all applicable laws and regulations and
in a manner which is reasonably acceptable to, and which is approved
in writing by, the owner or lessor. This paragraph does not relieve
the lessee or renter of any liability for actual damages or for any
civil penalty for a violation of this subdivision.