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Nate, Attorney
Category: Estate Law
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Experience:  Over 10 years of legal estate experience.
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My neigbors home is infested with termites which are flying

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My neigbor's home is infested with termites which are flying to mine, causing damage. Neighbors condo must be tented due to close proximity, what cause of action do i have?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

So that we can narrow down the options a little, what has been done so far to address the situation?
Customer: replied 2 years ago.

We live in a four unit condo on the beach. Our home is separated from the adjacent one but in order to tent the home we need to shut of the gas for all four units. The unit causing the termites refuses to vacate the premesis so we can treat the home and protect our investment. The termites are very bad and without treatment, we will likely have a very serious problem.

First of all, I'm at a loss that a homeowner wouldn't treat such a bad termite infestation.

That said, he isn't doing it, and that's where the legal options come into play.

You can certainly take this neighbor to court for the tort of nuisance. A nuisance is defined as anything done by another that is harmful to your health, indecent or offensive, or obstructed your free use of your property.

Clearly, the first and third requirements are there.

You would take this person to small claims court and request both damages and an order requiring the unit be treated. The court clerk where you are located will have the forms and instructions. The process is quite easy. It is entirely possible that once sued, the person with the termite problem will give way and allow the tenting to proceed.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Customer: replied 2 years ago.

Thanks. Can you provide an exact statute in California that I can reference? I am preparing a letter to the Homeowners Association and want to make it sound as legitimate as possible.

The statute for public nuisance is CIVIL CODE SECTION 3479-3486 and can be found here

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