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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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Legal rights in early lease termination, termite problem, advise?

Resolved Question:

We are renting a house that is termite infested in Hon. HI. A entomologist estimates the termites have been a issue w/ this property for 5-10yrs. (we have lived here 9months) and has recommended whole structure treatment.We have given 35 days notice to our landlord to vacate 2/28/10 which is three months before our lease is due to expire.I am 8 months pregnant and we do not want to deal with the termite issue in utero or with a newborn.Our landlord is refusing to let us break the lease early and is insisting on coming over to "spot treat" for the termites 2/4/10.We do not want any termite treatment done until we have vacated the property.We have said he can inspect the termite damage on 2/4/10 but to please refrain from treatment until we vacated 2/28.We have knowledge the owners were aware of the termites prior to renting to us. We need to know what our legal rights are for terminating the lease early and if he insists on treating for termites before we have vacated the residence.
Submitted: 6 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

You have every right to attempt to cancel your lease by possibly threatening to go to court to do so.

You do have the ability to break your lease under "constructive eviction" as you were effectively removed from the premises because of the extensive termite damage. You can also refuse to let in the fumigator as it can be significantly hazardous and unhealthy to your unborn child's life and health. Until you formally vacate, you have the right to not allow fumigators onto your property, even if sent by the landlord. The property remains yours, and you have the freedom to allow entry or to deny it.

Hope that helps.
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