While there are many pests that can get into the house that can cause trouble, perhaps the most feared are termites. Why? Because termites are the pests most likely to actually cause damage to a structure and potentially make it an uninhabitable, unsafe place to live.
What do you do if you find them in your apartment? Can you break the lease if there are termites in your apartment?
In some states, breaking your lease due to extensive termite damage will be legal. This is because landlords are typically responsible for eradicating pests like termites and rodents — but not always.
Now would be a good time to review the language of your lease.
- The lease can be broken if the living conditions are deemed inhabitable
- A lease agreement may require your landlord to remedy termites
- A building inspector or housing official may deem the structure unsafe due to termite damage
In some cases, you can break the lease and won’t need to pay any fees to move. However, there are some cases where if you break the lease, you will need to pay fees and continue to pay rent for a certain amount of time.
In this article, we’ll discuss the issue and what steps you can take to move forward.
Can You Break The Lease If There Are Termites In Your Apartment?
In some cases, yes, you can break your lease. For example, a significant infestation with an unsafe structure will clearly be grounds to allow you to break your lease.
Consequently, you must demonstrate that your rental property is significantly affected by termites. A landlord must also be notified before you break a lease so that they can address the issue.
If you discover a termite infestation in your rental apartment, tell your landlord as soon as possible. An infestation of termites in a rental property is generally the responsibility of the landlord. You should also contact your local building official and/or health inspector to inform them of the issue
If you discover a termite infestation in your rental apartment, tell your landlord as soon as possible. An infestation of termites in a rental property is generally the responsibility of the landlord.
Termite Structural Damage Leads to Breakage of Lease
Structures can actually be damaged by termites! Structural integrity is one of the most obvious problems in homes affected by termites.
Termites can cause considerable damage to anything made of wood, including wood-frame buildings, sheds, garages, door and window frames, furniture, etc. Due to their cellulose-based diet, these little creatures prefer wood structures and will happily destroy your home.Â
A solid wood structure becomes weak and brittle and is considered a safety issue. If the termites reach the end of all the wood in a structure and cannot find any more, they go on searching for things similar like books and drywall.
How to Tell if You Have Termites
Several signs can indicate a termite problem:
1. Damage to the Flooring
Flooring can start to sag when there are termites present. If you have a floor that feels spongy and abnormal, you could have termites. Flooring that also creaks when it never used to is a potential sign.
2. Ceiling Damage
Termites don’t just attack flooring and walls, but also ceilings. Homes have thick beams in the ceilings, which is just what termites want.
So if you develop cracks in the ceiling, you might have termites in the ceiling.
3. Hollow Sounding Areas
Once termites have chewed through wood, it becomes hollow on the inside. It can create a hollow sound when you tap on it. Other objects like wooden doors can be eaten through by termites.
What Is the Landlord’s and Tenant’s Responsibility for Termites?
As soon as possible, get in touch with your landlord or agent. This is because the property owner needs to approve any extermination process. Termite eradication costs are almost always borne by your landlord.
Get in touch with your landlord or agent. This is because the property owner needs to approve any extermination process.
A licensed termite inspector in your area should be contacted by your landlord as the second step. A termite inspection determines the extent of damage a termite may have caused to your home.
Also included in the report will be an explanation of the costs involved in treating the problem.
If the landlord wants to try to treat the problem without a professional exterminator, that’s a red flag. Termites aren’t a minor problem. The issue should be immediately addressed by a professional.
If the landlord wants to try to treat the problem without a professional exterminator, that’s a red flag. Termites aren’t a minor problem. The issue should be immediately addressed by a professional.
Based on this report, treatment and eradication recommendations will be made. The presence of termites could severely compromise the structural integrity of your rental if it has large wooden portions.
The report should be made available to you upon request.
If there is extensive damage, an engineer may need to inspect to see whether the home is safe to live in or whether it should be vacated.
Pest Control Costs May Be Borne by the Tenant
In cases where the landlord can prove that you caused the termite infestation, it is possible the extermination charges may be charged to you. Termites can sometimes be associated with tenant actions in an apartment.
A warm, moist, dark environment attracts termites. If the area in your home gets too little light or if there are leaks that haven’t been reported, you may be responsible for their presence.Â
A good example is if you have a wood fireplace in the home and you collect or get wood delivered to the home that was infested with termites. The termites move from the wood pile to the home, where the destruction starts.
In some cases, this would be a fault of yours, not the landlord’s.
If an exterminator determines your home’s conditions are attracting termites, you may be required to pay for pest control.
A tenant might even be served with a quit or comply notice if there is any degradation in the property’s condition, or you might be evicted.
What Happens if I Break My Lease Without Approval?
If it is deemed that the problem is not bad enough to warrant breaking a lease, but you do, you can still face a financial burden. A lease violation typically entails a fine.
Fines can be as high as one or two months’ rent.Â
Occasionally, whether you live in your apartment or not, you have to pay the remaining rent on your lease.
It will depend on your landlord whether they accept you’re vacating due to not wanting to share a home with termites.Â
They may not bother making you pay any remaining rent or fines. However, you can certainly break the lease without repercussions if the home is deemed unsafe not due to your actions.Â
Conclusion
Since termites feed predominantly on wood, they can negatively affect the structural integrity of a house they are infesting. Removing a termite infestation can be very costly after extensive termite damage occurs to an apartment.Â
When you discover termites in your rental unit, you should notify your landlord immediately, as well as your local building official if you are worried your landlord will not be cooperative.
You can sometimes break your lease and move on, but you need to follow the proper process. If you don’t, it can go on your record and make it harder for you to get another rental property.
