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socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37861
Experience:  Retired (mostly)
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I am dealing with a situation in California where the HOA of

Customer Question

I am dealing with a situation in California where the HOA of the community we are renting in has given notice two months ago about impending fumigation at property. I need to understand how to proceed because we are running out of time with two weeks left until they plan to fumigate. There is a two year old child present as well as mother in my residence and concern over potential health risk post fumigation. We only have two months remaining in our lease, so we asked if we can just have this post poned until the lease is up. The HOA claims they will take legal lawsuit action against us if we do not comply with the fumigation and charge all legal fees to us sending us a letter referring to this. I am wondering what our rights are and if we are legally allowed to deny entry to the property as well as sit this out until our lease is up in two months then move out without having to deal with the fumigation at all. Any advice would be greatly appreciated thanks.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  socrateaser replied 5 months ago.
Hello, The only way to determine your rights is to review your lease, the CC&Rs of the association, the notice that you have received from the HOA, and any HOA resolution that may have been passed to approve the fumigation of the property. This sort of review is a bona fide legal service, which would be illegal if performed in this forum. As a practical matter, you may need to hire a lawyer to push back on the HOA and try to obtain a settlement -- e.g., payment of your relocation costs during the fumigation period. Also, as a practical matter, it could take several months to get an order from a court to forcibly remove you from the property, unless the county health department demands that you vacate the premises on grounds that the termite infestation is so great as to create a public health hazard. No one other than the local police or sheriff can forcibly remove you from the property against your will. However, it's possible that if you aren't home when the fumigation crew arrives to tent the property, that they could complete that operation before your return, and you would be effectively removed, whether or not you consent. At which point, you would have to sue the HOA for wrongful eviction -- which once again would require a careful review of all of the documents that I have described. I don't know how much of an invasion of your privacy this issue involves, or whether or not you have the financial resources or desire to hire legal counsel to act in your behalf. If that's something you're interested in pursuing, and you are in Southern California, I can send you a premium services invitation, and we can discuss this matter offline. If not, I can provide you with a link to a reputable lawyer referral service. And, if you don't believe a lawyer will be necessary, thenI hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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