What are my rights as a tenant in a house which has had a wall collapse due to termites?

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What are my rights as a tenant in a house which has had a wall collapse due to termites?

I spoke with my landlord about bugs consuming my rented home and she said it was my responsibility to fumigate the location. After her refusal to do the needed fumigation, the bathroom wall collapsed due to termites. She quickly fixed the wall and then she fumigated the home. Termite infestation causes the house to be in unhealthy living condition and since damage has already begun to show, I assume that there is more damage to come even though the house has finally been rid of bugs and termites. What are my rights in this situation?

Asked on July 18, 2011 under Real Estate Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Read your written lease with the landlord concerning the property you are renting assuming you have a written lease. Most written leases have provisions concerning the obligations of the landlord and the tenant concerning the rented property and possibilty maintenance and repairs. The written lease typically controls on such issues.

If there is no written contract for you or the written contract does not address insect infestation, most States in this country have laws requiring the landlord to provide to his or her tenant premises that are safe and habitable. The termite infestation and collapsed wall sounds like a health and safety issue for you.

Potentially the rent you are paying monthly could be reduced due to poor living condition. Prhaps you might want to call the county building and permit inspector for structures to view the property you are renting?

If the conditions of the home you are renting are so unsafe, potentially you can end your lease sooner rather than later (immediately).

Good luck.


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