Q: We rent a single-family home and just found out that it needs to be tented for termites early next month. The landlord told us she would reduce our rent for the time we need to stay in a hotel. Money is tight, and a few days of rent reduction will not cover the cost of a hotel and meals. We want her to pay for these too. This is a massive inconvenience, and we would never have rented here if we knew this would happen. Does she have to pay for all our expenses? — Katherine
A: Probably not. To know for sure, you will need to review your lease agreement.
If your lease matches the minimum requirements of the law in this regard like most do, your landlord only must abate your rent for the time you cannot use the house.
While I have seen a few leases that go beyond this minimum, they have been few and far between.
Termites can destroy a home and must be taken seriously. Tenting is not cheap, so I doubt that your landlord is doing this unless it is necessary.
Being a landlord is running a business, and like any business owner, your landlord wants you to be happy, or at least content, in your leased home. You should speak to her and explain the hardship and ask her to help out beyond the minimum.
This is basic customer service — but remember to be reasonable. While it is true that the squeaky wheel gets greased, it is also true that if it keeps squeaking, it often gets replaced.
If you have a good reason to delay the tenting, your landlord should work to accommodate you.
If your landlord refuses to do more than she is legally obligated to, you will still have to move out for treatment, or there could be consequences.
While the most common reason people are evicted is due to nonpayment, a landlord can take legal action against you if you do not cooperate with their efforts to maintain their property.
Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show “Legal News and Review.” He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at https://ift.tt/2rU9hge or follow him on Twitter @GarySingerLaw.
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Real estate Q&A: Who has to pay for place to stay while rental home is tented for termites? - Boston Herald
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