Is my landlord required to treat the house I am renting for termites if an inspector found them?
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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 12 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.
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