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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55594
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I rent a house in Fort Lauderdale. The house has to be tented

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I rent a house in Fort Lauderdale. The house has to be tented due to termites, So I now have to get a room in a motel for me and my three cats. do I have any rights to reimbursement?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Yes, the landlord must pay for your motel costs. With every rental comes the implied warranty of habitability, which includes the right to the safe, healthy, peaceful and quiet enjoyment of your rented premises. If you must vacate your premises because the house must be tented to treat for termites, you are clearly not being afforded such enjoyment of your premises….and therefore the landlord is breaching the implied warranty of habitability. This puts the landlord in default and liable for your damages. Those damages would include the cost of staying in a motel plus eating out until your property is again habitable. If your landlord will not reimburse you voluntarily, file a claim against the landlord in small claims court. That will give you the leverage and collection options you seek. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

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