Termite Tenting & Hotel Laws: Who Pays in Florida?
You just received a notice on your door: Your apartment building is being tented for Drywood Termites, and you must vacate the premises for 72 hours. Naturally, you assume your landlord will cover your hotel bill, right?
Wrong. This is one of the most frustrating legal traps in Florida real estate. Under state law, the landlord is NOT required to pay for your hotel, your food, or your pet boarding. They are only required to abate (prorate) your rent for the exact number of days you cannot live in the unit.
When tenants discover the landlord isn’t paying for the hotel, they immediately call their Renters Insurance company expecting “Loss of Use” coverage to kick in. They are met with a swift denial. Almost all standard insurance policies contain a strict Vermin and Insect Exclusion. Because termite tenting is considered routine maintenance and not a “sudden peril” (like a fire or hurricane), your insurance will cover absolutely nothing.
The Rent Abatement Calculator
Since you must pay for your own relocation, you must aggressively enforce your right to Rent Abatement under Florida Statute 83.515. The landlord is required to deduct the per-diem cost of your rent for every day you are displaced. Use the tool below to calculate exactly how much you must deduct from next month’s rent check.
Your Rights Under Florida Statute 83.515
7 Days Written Notice
The landlord must provide you with at least seven (7) days written notice before the fumigation begins. If they give you less notice, they are in violation of the statute, and you can legally object to the entry date until proper notice is served.
Security of Possessions
Because you must leave the apartment unlocked for the exterminators to enter and place the Vikane gas lines, you are responsible for bagging your food and securing your valuables. The landlord is generally not liable for theft during a fumigation unless gross negligence by their specific contractors can be proven.
Some aggressive landlords will tell you that you cannot deduct the abatement from your rent. This is a violation of state law. If your landlord refuses to honor the abatement or threatens to issue a 3-Day Notice to Pay or Quit over the deducted amount, you must establish a legal paper trail. Use our generator to issue a formal 7-Day Notice of Noncompliance defending your statutory rights.
Generate Legal Defense Notice