and do i have to give food allowance house them for this 2 day fumagation
As common as this might seem, there is actually no law in California on the question of whether a landlord is obligated to pay for the tenant's expenses during termite fumigation.
However, the tenant can ask the landlord for one of the following two options:
1) Prorated rent
Tenants are prorated at the rate of 1/30 per day they are displaced for termite abatement. This is probably the landlord's only legal obligation to the tenants, since there are no other legal requirements, rights or reimbursements granted to compensate tenants displaced by fumigation.
2) Reimbursement of expenses
Many landlords want to facilitate the fumigation and tenting process with as little inconvenience as possible to their tenants. Such landlords may offer a reimbursement for a specific amount of money per night for you to spend at a local motel--this is per night that the tenants are out of the house, with proof such as a receipt showing what the tenants paid.
There are some landlords that might give the tenants a cash food stipend per number of days the tenants are displaced. But note that the landlord has no such legal obligation.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
1 found this helpful