What to do about termites in an apartment?

Who deals with termites? Renter or landlord?

• I live in Florida and around a year ago I noticed termite holes through my wall and told my landlord what was going on. He sent one of his maintenance guys to fix it by replacing the drywall and everything seemed fine. About 1 month ago I started noticing the holes again but this time the termites where eating a lot faster, I then noticed that they had never left. I told my landlord again and he said he would do nothing about it. When I came home yesterday I saw easily over 1000 dead flying termites scattered ALL around my apartment. Behind couches, underneath beds, underneath cabinets, etc. I was mortified and immediately started sweeping them up and putting them in a bag. I made sure to take MANY pictures for proof. I went to show him all the flies in the bag this morning and asked him if he would live in these conditions. He then told me he would still not do anything. I was wondering whose responsibility it is to take care of this infestation. Last year while my holes were starting another ladies roof came down because of termites in the same apartment complex, maybe 5 or 6 apartments down from mine. I'm moving in July 30th to New Orleans but I don't want to deal with this anymore. It's disgusting and my wall is becoming weak and may give way anytime soon (especially with the rains we've been getting). What do I do? I want to write a letter so that I have proof I told him but do I still have to pay rent? Should I call the health department or something?

• Answer:

  In most places there are laws that require the landlord to provide a place that is safe and liveable. A termite infestation threatens the structure of the property so that it may fail. Florida law compels the landlord to act. You can check your local laws by doing a web search on "tenancy law termite". You'll find Florida's Landlord/Tenant Law, 83, Part II and Section 83.51(2)(a), F.S. requiring the landlord to provide for the extermination wood destroying organisms. A pest inspection report copied to the landlord may help move things along or you could take the more aggressive path and go straight to the State. If the termites have been present for many years, the apartment may not be a good place to be during high wind events like storms. So, even if they do find and kill off the termites, there may also be a need for serious repairs. I'd be looking for another place to live as soon as you can afford it. There are provisions for holding back the rent, but consider this only as a last resort. To sue would be crazy as the State law is strong and in the end the State agencies will take over. Try to get resolution without having the landlord hate you. Try to imagine that the landlord is ignorant, not evil.