Is my landlord required to treat the house I am renting for termites if an inspector found them?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my landlord required to treat the house I am renting for termites if an inspector found them?

My old landlord short-sold it and a new landlord took over. Before the sale, my husband and I noticed signs of termites inside the house. We requested an inspection and the inspector said that we have a very bad infestation, and the house needs to be tented. The purchaser of the house (our new landlord) requested her own inspection. I have not been allowed to see the report, but she has verbally confirmed to me that the inspector found a “small infestation”. Can we force the landlord to treat the house for termites? Are we entitled to see the second inspection report?

Asked on January 5, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the new landlord is obligated to make termite repairs for the rental that you occupy depends upon the terms of the written lease that you presumably signed with the prior landlord. Read the lease carefully in that its terms and conditions control the obligations owed to you by your new landlord and vice versa in the absence of conflicting state law.

If the written lease does not state that the landlord is obligated to make termite repairs, then he or she is most likely not required to do so in the situation that you are writing about. The only caveat is if the termite infestation is so bad that the structural intergrity of the home is at risk. If that happens, then the landlord needs to take care of the termite problem.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption