Neighboring Owner Could be Forced to Treat Home for Termites

Question: We live in a nice Surprise neighborhood. Most of our neighbors are wonderful people who take great pride in their homes. The home next to us, however, is vacant and in poor condition. This home now has termites. The owner of the home, who lives in Chicago most of the year, does not want to pay for the treatment of the termite problem. If there is not any treatment, our pest control company has said that we will eventually have a termite problem in our home. Can we require this Chicago owner to treat his home for termites?

Answer: Probably. If the presence of termites in the Chicago owner’s home could cause, or has caused, a legal “nuisance,” i.e., there is a significant risk of harm to your home due to the presence of termites in the Chicago owner’s home, a judge should order the Chicago owner to pay for the cost to remedy the termite problem in his home.