A NEW SECTION 8 TENANT HAVE BECOME A PROBLEM.  THE TENANT HAS CALLED
THE HEALTH DEPARTMENT AND COMPLAINED OF TERMITES.  A INSPECTOR DID
APPEAR AND CONFIRMED IT. I AM A LANDLORD THAT HAS ALWAYS MAINTAINED MY
PROPERTY CORRECTLY.  THE QUESTION IS, NOW THAT THE TENANT HAS RECEIVED
A NOTICE TO VACATE THE PREMASIS DURING THE TERMITE FUMIGATION PROCESS
(3 DAYS), THE TENANT SAYS I THE LANDLORD MY PAY FOR HER TO LIVE AT A
MOTEL OR HOTEL.

I HAVE RESEARCHED THE HABITABILITY AND REPAIRS CIVIL CODES:
CALIFORNIA SUPREME COURT'S 1974 IMPLIED WARRANTY OF HABILITY AND
CALIFORNIA CIVIL CODE SECTION 1941.1. I HAVE MET MY RESPONSIBILITIES
BY MAKING REPAIRS WITHIN A REASONABLE TIME. (I STARTED IMMEDIATELY) DO
I HAVE PAY FOR HER TO STAY AT A MOTEL OR HOTEL?

---

Request for Question Clarification by missy-ga on 25 Sep 2002 23:02 PDT

Hi there!

I'm going to assume that Section 8 tenants are required to adhere to
the same lease terms as other tenants, in addition to the terms
stipulated by HUD.  If this is the case, what does your lease say on
the matter?  Is there an "additional rents" clause that specifically
does or does not hold you responsible for such situations?

Looking at my own lease, *my* landlord is specifically not responsible
for alternative housing arrangements during repairs.  My renter's
insurance, however, handles it nicely.

If you could tell me what county you're in, it would be helpful.  I
have an e-mail out to a Fair Housing board for general information,
but I'd like to be able to get information specific for your county.

--Missy

Hello again,

Further research indicates that yes, you may well be required to pay
for your tenant's hotel stay while you fumigate:

"QUESTION:

We have recently received notification from the homeowners'
association in the condo that we rent that the complex will be tented
for termites for an entire weekend. Since we have no choice in the
matter, I wanted to know if our landlord is required by law to pay for
hotel accommodations for the period that we will be displaced? If so,
what are we entitled to? Motel 6 or a weekend at the Four Seasons?


ANSWER:

Restrain thyself. Do not pack your bags with your golf clubs and tux
just yet. And keep in mind that no one offered to compensate those
poor termites for the inconvenience of giving their lives.

You are, indeed, entitled to compensation for the two or three days
that you could not live in the rental. But you cannot turn this
fumigation event into an opportunity for a paid vacation."

Ask Auntie Nolo - Nolo Law Centers:
Claiming compensation for temporary lack of housing
http://nolo.com/lawcenter/auntie/questions.cfm/objectID/5F43CF81-7DF3-4F26-BE439BFBAE803EDC/catID/2B2E2666-FA8B-46D0-9DF743C08C2334B9

The article goes on:

"A few words to the wiser: If your landlord balks and refuses to
compensate you, do not withhold your rent or deduct the cost of the
weekend from the next rent check. Your only safe recourse will be to
sue in Small Claims for your expenses. If you end up in this
unfortunate situation, point out to the judge that, if the infestation
rendered your unit unlivable, a court would have had the power to
order the landlord to compensate you for your relocation expenses. In
California, you will find legal support for this in Health and Safety
Code Section 17980.7(d)(3). Your chances of winning are likely to go
way up if you can show the judge that you chose reasonably and did not
take advantage of the landlord's repair problem by living it up at the
Ritz."

The relevant code reads as follows:

"Order that if the owner undertakes repairs or
rehabilitation as a result of being cited for a notice under this
chapter, and if the conditions of the premises or the repair or
rehabilitation thereof significantly affect the safe and sanitary use
of the premises by any lawful tenant, so that the tenant cannot
safely reside in the premises, then the owner shall provide or pay
relocation benefits to each lawful tenant.  These benefits shall
consist of actual reasonable moving and storage costs and relocation
compensation. "

[...]

" The relocation compensation shall be an amount equal to the
differential between the contract rent and the fair market rental
value determined by the federal Department of Housing and Urban
Development for a unit of comparable size within the area for the
period that the unit is being repaired, not to exceed 120 days."

California Health and Safety Code Section 17980
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=02099311502+0+0+0&WAISaction=retrieve


Do check your lease agreement carefully.  It appears that if your
lease agreement doesn't specifically exclude you from responsibility,
the law can compell you to pay.

Good luck with your repairs and fumigation.

--Missy