What can I do if my landlord refuses to spray for termites?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my landlord refuses to spray for termites?
I have been telling her about the problem the last 2 months and I’ve also sent her picture texts of the termites and damage.
Asked on May 19, 2011 under Real Estate Law, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease, there is an implied warranty of habitability, which means the landlord must comply with local and state housing code requirements to maintain the premises in a habitable condition.
The termites would constitute a health and safety issue and a breach of the implied warranty of habitability. Since the landlord has been notified and has not responded within a reasonable time to eradicate the termites, your remedy as a tenant for a breach of the implied warranty of habitability would be either to spray and deduct the cost from the rent or move out and terminate your obligation to pay rent for the balance of the term of your lease or if you decide to stay on the premises, withhold rent and defend against eviction.
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.