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My club owns a house that needs to be tented for termites.

My club owns a...

My club owns a house that needs to be tented for termites. The renters want our nonprofit organization to pay for them to stay somewhere for the two days it takes to tent. Are we legally responsible for this?.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We have a gardener for the front yard. The back yard is their responsibilty.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that we rent the house at a very low rent in exchange for sitting up chairs for events.

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Answered in 6 minutes by:
3/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,473
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) the tenant may repair the matter themselves and request reimbursement.

In your case, if the tenting of the home requires them to leave, then this is going to be considered a violation of the implied warranty of habitability. Technically, the law considers this a "constructive eviction" because they're forced to leave the property without your organization having gone through the required legal process of an eviction.

What most owners do is they will set them up for a hotel for the time being or they will cut off the rent for those days; whichever is more reasonable under the circumstances, and this helps the owners stay out of legal trouble and out of court.

Did you have any other questions for me today that I could help you with?

Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 11,473
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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