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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28511
Experience:  30 years of real estate practice experience.
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We are now on a month-to-month rental, having rented for

Customer Question

We are now on a month-to-month rental, having rented for over 8 years (for the first few years we had a lease). We have always paid on time and taken excellent care of the property.
We have a major termite problem, and ants that feed off the termite excrement. We have lost use of much of the house due to the infestation. My wife has health problems that make using Vikane to clear the termites a non-starter.
Do we have any rights that would allow us to ask our landlord to clear the termite problem with orange oil? If he refuses, how much time do we have before we must move?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Have you discussed this with the landlord? If yes, how did he or she respond?

Customer: replied 2 months ago.
We discussed this in the past, and he did not want to do it so no treatment was done. We want to be sure he can't just tell us to leave if we can't use the Vikane. We are trying to determine what rights we have.
Customer: replied 2 months ago.
Is that an additional $59, or just $9 more?
Expert:  Loren replied 2 months ago.

Thank you for the additional information.

You can always terminate a month to month tenancy with 30 days' notice.

Every lease carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent. If your wife has health issues then the landlord may not use the treatment to which she is sensitive as it affects the habitability.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have a written record of the damages and your request for repairs.

Expert:  Loren replied 2 months ago.

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