Renters Rights For Termite Tenting?
Posted by: Alan in Contact Dermatitis, tags: Renters, Rights, Tenting, Termite
I got a notice in the mail yesterday from the HOA of my neighborhood. They plan to kick us all out of our houses for 4 days or possibly more while they tent for termites. They state that it is up to the homeowner (my landlord, as I am merely a renter) to pay for lodging. I have not been able to reach my landlord yet but I was just wondering what rights I have as a renter.
Also, they state that I must turn over a copy of the keys to this company (that I have never even HEARD of) 2 weeks ahead of the tenting so that they can come and go as they please to inspect. I tried to research the company and their webpage is defunct!!
I am also MAJORLY concerned with the health effects on my daughter, who suffers from chronic respiratory conditions, asthma, and severe contact dermatitis and eczema. I will also have to throw out all of the food in the house that I can’t take with me, including the fridge because power will be turned off during fumigation and have the house professionally cleaned for the sake of my children’s and pet’s health before I can return.
I also have many pets that will need to be boarded, including some parakeets which are very sensitive to fumigation.
They gave me less than a month to prepare for any of this and I am simply overwhelmed! What can I do? I am a single parent and the costs of everything I have to do is more than my rent a month! We live in a resort area and hotel prices around here are outrageous!
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January 5th, 2010 at 9:38 pm
As a landlord, they must try their best to keep the place bugfree. You may want to get one of those free inspections by another termite company. I wouldn’t let the birds back in for another couple of days though. I think it’s all up to your landlord to give you a pro rated rent. It’s not his decision to fumigate, but you have no choice in the matter. You could use my guestroom if I wasn’t so far away. My cat would have fun with your dog.
They need the keys TWO WEEKS. To do what? Steal your stuff? Place hidden cameras? NO WAY !!!!!!!!! Make an appointment and come and do the inspection when you are able to let them in. Are they a mormon company? Mormons think they can trust everyone and they should be trusted. I dunno, some of the biggest crooks are mormon. Speaking of mormon, I’m sure you could ask the church if anyway has a spare room for a few days. (NOT!)
January 6th, 2010 at 12:29 am
I know I would NOT give my keys to some company, forget that! I don’t know what your rights are, but I sure feel sorry for you.. : (
January 6th, 2010 at 6:07 am
You are only owed the prorated rent for those 4 days.
Call your insurance company, see if they cover anything else. I would be amazed if they covered your pets, food, cleaning, etc. But, your policy might cover a hotel.
All of your pets need to be removed, not just the birds. You can board them or ask a friend if they can spare some garage space for a few days.
Pet shops often will board birds for a low price.
Your daughter should be OK, the chemicals they use are actually very mild.
January 6th, 2010 at 6:59 am
1 What rights you have are under local state law. Your rental rights are similarly set out, but what the fine print says in your contract can make a big difference.
2 I would not lightly hand over the keys. You could ask them to indemnify you against any subsequent losses. You rental contract may also kick in. Are you allowed to give others unencumbered access? It is probably for the owner to decide/hand over the keys, not you.
3 If you stay out a good 4+ days, there will be close to zero chance of negative effects on your daughter. Fumigants are gas, they come in and go away very quickly without leaving surface residues (like sprays).
4 I would ask for compensation for lost food or for them to provide alternative storage.
5 You won’t need “professional cleaning”. It would probably leave more nasty residues (soaps, scents etc.)
6 All living things must be taken away. That includes potted plants and plants on, or very close to, exterior walls.
7 It is not unreasonable for you to ask them to organize, and pay for, the temporary accommodation. They won’t agree but it flags your needs.
8 You need to talk with your landlord first. If that doesn’t help, go see a legal service. Advise the HOA that you are trying to comply with their request but have funding and liability issues.
Good luck.
January 6th, 2010 at 7:32 am
The first thing I would do is request an inspection, while you are there, from somebody other than the people who are contracted to do the job. If they don’t find any evidence of termites, there is no need for fumigation.
At first I wanted to assume that you lived in a condo or townhouse, with shared walls, but you mentioned the homeowners association, not a condo association. If you live in a detached house, I can’t imagine the HOA would have the right to demand that your landlord have the house fumigated. Even if it is a townhouse, you should have a firewall between homes, so if your unit doesn’t have termites, you shouldn’t need fumigation.
If I were you, I would consult with a reputable pest control company and ask their opinion.