Legal question-- apartments

[LilShieste]

My girlfriend and I have just signed a lease for an apartment (we are both students at our university), but we just found out some disturbing news.

Some of our friends (who have lived in other apartments owned by the same Realtor) have complained of termites.

My question is: Is it legally the Realtor’s responsibility to take care of these pests…? I mean, if they don’t, doesn’t it lessen the integrity of the building itself?

(I am asking, because if it is, I want to make sure the Realtor doesn’t try to make it “our problem” or something).

ANY and ALL info would be a great help! I know there are a lot of Law-knowledgable Dopers out there. : )

LilShieste

[drpepper]

I can only respond with my first instinct which I think is just plain common sense: If the landlord knows that there is a termite problem, believe me, he (/she, whatever) WILL take care of it. He stands to lose his entire investment in the building if he does not.

Other than possible danger to you because of structural problems (ie, the floor falls from under you), I don’t see how he can make it “your problem”. It’s his problem and if he doesn’t do something about it, he will pay a consequence, not you. (the worst that can happen to you is that you have to move out… and since you’ve signed a lease I’m guessing you would have some recompense coming, but the lawyers can step in here and go into the implications of that)

[mnemosyne]

This applies to Ontario, although I would think it was the same in most places.

The landlord’s duty

Repair

A landlord must keep a rental property in a good state of repair. All things which the landlord provides to the tenant must be kept in proper working order.

This might include electrical, plumbing or heating systems, appliances, walls, roofs, ceilings, windows, doors, locks, garages, laundry rooms, or pools.

If something no longer works because of normal “wear and tear,” the landlord must repair it so that it works properly, or replace it.

However, when something is replaced, the landlord does not have to supply a new version that provides more features than what was replaced.

For example, if a stove supplied by the landlord cannot be fixed and must be replaced, the replacement does not have to be a newer model with more features.

Maintenance

A landlord must keep the property clean. This includes any lobby area, halls, elevators, laundry room, pool, and parking lot or garage. The parking area must also be kept well lit.

A landlord must control pests such as cockroaches and mice.
etc. etc.

http://www.orht.gov.on.ca

This is the link to the Ontario Rental Housing Tribunal pages - see if your state/province doesn’t have a similar thing. The ORHT is a VERY useful resource for tenants and landlords. As a student moving into an apartment (something my SO and I just did, too) it’s IMPORTANT that you learn where to access this information, and learn what is and isn’t within your rights.