Termite Tenting; do I have to pay for tenants hotel stay?

Question

Hi all; I've been lurking for awhile and need to work on my profile for posting, but I need a fairly quick response to my question. I have a rental in Florida that needs tenting for termites. It is tenant occupied. I know I'll have to refund the two days rent to her for the time the building is tented, but do I have to pay for anything beyond that, such as her hotel? Thanks for any guidance!

Patrick L. · Answer

I have looked into this before and by law you are only required to abate the rent for the time that the tenant cannot occupy the property  (generally 3 days, 2 nights before it's cleared).  With that being said I always offer my tenants that don't have someone they can stay with to reimburse them the cost of an inexpensive motel as a courtesy because it's not their fault (if I pay for the motel I don't provide a rent refund).

Kyle J. · Answer

Another thing that hasn't been mentioned is that you should check your lease agreement to see if/how it addresses this issue.  The answer to your question may be there.

I know my leases specifically cover this exact situation.

Marcia Maynard · Answer

With one of the two units vacant, it seems a good time to do it.  Also you want to do it now to be able to turn that other unit.

You could ask her if she is planning to go on vacation anytime soon and coordinate it with that.  We do our upgrades and major repairs by coordinating with the tenant in that way.

A per day payment is the best way to do it.  You are compensating her for non-use of premises and inconvenience, not for her choice of hotel.

Tell her to remove all food and medicines from the premises if it is a real or perceived risk for those items to be affected.   If there are other cautions she needs to know about, full disclosure is important.  Pass on the prep information provided by the pest control professionals as pertains to an occupant.

Sam Leon · Answer

I did that once.  I spoke with them and agreed to pay them a dollar amount each day.  I did not deduct rent money for the 3 days they were out, and I didn't care how they used the money I gave them, they could pocket it and stay with a friend or use it to pay for a hotel.

I paid them $75 a day.

Now, there are other cost they incurred.  For example, any food and medicine have to be vacated for the tenting.  Yes I know you can keep food in the refrigerator and theoretically they are supposed to be safe, but I don't know of one person who dared to leave food in the fridge and come back to eat them.  In my case the tenant elected to not worry about it, but I could see if it's a large family and they have to throw away food that could be one thing they may want reimbursed.

It's easier for a SFR, for a MF it's impossible to align schedule convenient for everyone.  For condos with shared roof and walls getting all owners to agree to tent is a real nightmare.

Joseph Bogart · Answer

The landlord didn't put the termites there either!  The landlord is also the victim here and someone who owns property would know that.  The landlord will be dealing with the repercussions of termites in the property long after this tenant is gone.

Brian Mathews · Answer

Treat them how you would like to be treated if the shoe is on the other foot no matter how she acts.  She didn't put the termites there and it is a huge inconvenience for anybody.  Give her the option of taking it off rent and she finds a place to stay or pay for her a comparable hotel to the duplex  to stay at and she pays full rent.  I think that is fair to anybody.  She can stay with a friend and pocket some $$$.  Or if she doesn't have anybody to stay with, she can stay at a hotel.

Kristen Watts · Answer

Thanks everyone for helping me think this through!

Brant Richardson · Answer

One or the other, refund rent or pay for alternate housing.  I would pay for food losses too.

Steve Babiak · Answer

I don't understand why you would refund rent if you are going to pay for alternative housing.

Kristen Watts · Answer

It's a duplex and one of the tenants moved out. This remaining tenant complained about the problem to me and it showed up in the inspection when we bought the property, so I know it's true. Haven't had the property long enough to know if she's a good tenant. She pays on time but is a bit of a complainer so far.

Termite Tenting; do I have to pay for tenants hotel stay?

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