Landlord Law


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Home, Sulfuryl Fluorided Home

Fumigating, then evicting tenant

Tenant is 55 years old, disabled under SSA, receives SSI and HUD Section 8. Landlord plans to tent fumigate the dwelling. Tenant refuses to be exposed to Sulfuryl Fluoride, the chemical used -- and refuses to sign a waiver of liability. Landlord then mails eviction notice to his tenant. Is this a legal eviction proceeding?

This is all rather cryptic, but I assume that you, dear surfer, are the tenant and potential evictee. If so, the law may be against you.

Your landlord is probably within his rights to insist that he be given an opportunity to properly maintain his property -- even when that means exposing his tenants to possibly harmful chemicals. It is unlikely that a judge would deprive an owner of the ability to perform a customary maintenance procedure.

If you feel that you cannot continue to live there after the tenting, you ought to look for alternate housing.

As a compromise, you might suggest that you and the landlord strive to work out an arrangement for other housing until the threat of the chemicals has waned.

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