What are my rights when my landlord tent-fumigates the building?


I am a 55-year-old tenant, disabled under SSA, receiving SSI and HUD Section 8. My landlord plans to tent fumigate the dwelling. I refuse to be exposed to Sulfuryl Fluoride, the chemical used -- and refuse to sign a waiver of liability. Can the landlord evict me?


Your landlord is probably within his rights to insist on 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, though a judge might insist that the landlord try to address the problem with a less toxic chemical if one exists.

If you feel that you can't 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.

Swipe to view more

Talk to a Landlord-Tenant attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you