Legal Question in Real Estate Law in California
I have informed my Manager in my apartment complex that I have termites. They have treated the walls but I still see termites. She just told me that there is nothing they can do because they termites are dying and just coming into my apartment for warmth. That was in December of 2012. She now said that they can do nothing further until they tent the apartment in July. Am I required to pay rent if they do not fix the problem sooner?
2 Answers from Attorneys
This is one of the most misunderstood areas of landlord tenant law. You have to pay rent unless the building is uninhabitable. Termites do not make an apartment uninhabitable, but rather damage the structure of the framework. If severe enough, the structure will collapse. But you do not mention collapse.
You can find a discussion of habitability here: http://www.caltenantlaw.com/Habitability.htm
I agree with the previous answer. Termites will be doing the landlord a lot more harm than the tenants. Termites are hidden in the wood or soil most of the year, any only emerge as a winged stage briefly each year at mating season. Any other time, an exposed termite will die soon.
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