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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
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Experience:  Attorney and Real Estate broker -- Retired (mostly)
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In Los Angeles, if a tenant signed a lease agreeing to: 31.

Resolved Question:

In Los Angeles, if a tenant signed a lease agreeing to:

31. TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a
reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to
Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest
control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate
Premises.

Does this mean they must vacate if termite work needs to be done?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

Yes, that is exactly what the provision of the contract requires.

However, some termite work does not require fumigation. Many times, removal of dryrot wood and repainting is all that is required to deal with a potential termite infestation. In which case there would be no need to vacate.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.

If they need to vacate, does this interfere with their right to quiet enjoyment....or does the fact that they signed the contract mean that they committed to forgoing that right in the instance of termites (when fumigation is necessary).

Expert:  socrateaser replied 1 year ago.
Since there was an agreement that vacating the premises might be required, there is no interference with the implied covenant of quiet enjoyment, because the tenant has waived the right to that claim for a reasonable period of time. The lease verbiage is "temporary." A full tent fumigation takes 3-4 days. That's temporary. If the tenant were expected to vacate for more than 5 days, the covenant would start to come back into play, because clearly something else is wrong, and it may not be a termite issue. Example:

Tenant vacates, fumigation crew starts tenting the property and one of the workers falls through the roof where it's rotted out, the worker falls through the second story ceiling, and dies, because as it happens, the place where he fell through was a vaulted ceiling and there was no second story to break the fall. The police come and start investigating. So does OSHA, and it now appears it could be a month before the tenants can reenter the property. This goes far beyond the expectations of the original lease agreement, and the tenants will be able to terminate the lease, because they have been constructively evicted.

But, if a termite job extends to 5 days -- oh well, Murphy's law.

Hope this helps.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33385
Experience: Attorney and Real Estate broker -- Retired (mostly)
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