### 1. Agent's Responsibility and Procedures
Upon completion of a property purchase with an existing tenancy, there are certain procedures that should be followed. Here’s a look at what should have been done and your agent’s responsibilities:
- **Agent's Responsibility**: Typically, the agent should conduct a thorough inspection of the property at the point of completion, regardless of tenant occupancy. This includes ensuring that the property condition matches what was agreed upon during the sale.
- **Checking the Unit**: Even if the tenant is still occupying the unit, your agent should have arranged a suitable time to inspect the property. Waiting until the tenant moves out (in your case, six months later) is not standard practice as it leaves you without recourse if any issues are found.
### 2. Tenant Responsibility for Damages
Regarding the termite infestation and the necessary repairs, the following considerations apply:
- **Tenant's Liability**: Generally, tenants are responsible for maintaining the cleanliness and basic upkeep of the property. However, structural issues like termite infestations are typically the landlord’s responsibility unless there is clear evidence that the tenant’s negligence caused the problem.
- **Pest Control**: If the termite infestation was due to neglect by the tenant (e.g., not reporting early signs of infestation), they might be held liable for pest control costs. This, however, can be challenging to prove.
- **Replacement of Wooden Structures**: Replacing wooden structures and extensive repairs are usually considered the landlord's responsibility, especially if they are due to structural issues rather than tenant damage.
### Steps to Take
1. **Review Lease Agreement**: Check the lease agreement to see what responsibilities are outlined for the tenant regarding maintenance and reporting issues like pest infestations.
2. **Document the Damage**: Take detailed photographs and videos of the termite damage and any other issues. This documentation is crucial for any potential claims or disputes.
3. **Professional Assessment**: Get a professional assessment of the termite infestation to understand the extent of the damage and the likely cause. This will also help in determining whether it’s a structural issue or due to tenant neglect.
4. **Legal Advice**: Consult a property lawyer to understand your rights and the best course of action. They can advise whether you can claim against the tenant for the infestation and the associated costs.
5. **Discuss with the Agent**: Address the oversight with your agent and seek their advice on how to proceed. They may also have recommendations for resolving the issue with the tenant.
### Possible Actions
- **Negotiate with the Tenant**: If evidence suggests the tenant’s negligence contributed to the infestation, negotiate with them to cover part of the pest control costs. However, covering extensive repairs might still fall on you as the property owner.
- **Utilize Deposit**: Use the tenant’s deposit towards the pest control and any immediate repairs. If the costs exceed the deposit, further negotiations or legal actions might be necessary.
- **Insurance Claim**: Check if your property insurance covers termite damage and infestations. This could help mitigate some of the repair costs.
In summary, while you may have some recourse with the tenant for pest control, extensive repairs typically fall under the landlord’s responsibility. Ensuring thorough documentation and seeking professional advice are crucial steps in resolving this issue.
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