House Renting question - need legal advice

y2jedi

y2jedi

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Well, here I am reaching out to the CAG community because I'm not sure what to do. I never thought I'd be one of "Those" people. ;)

Ok, I leased a home in the 'burbs back in Sept '06. We decided on this home because it has an inground pool. Here we are deep into June and all of a sudden the home owner decides not to repair the pool (needs crack repaired & new liner). When I asked the owners if they were going to discount our rent since the pool will not be opened this year, I was told, "We rent the house, not the pool".

I even counter offered with paying 2 months rent up front to help cover the repair costs. No go.

After checking the copy of the lease we signed, it clearly states that we are renting the house, inground pool, and outside shed.

It's quite nerve racking, we are spending an extra $100.00 or so per month versus houses we were looking at without a pool.

Our lease expires 8-31-07. Is it worth taking legal action ? Or should I just chalk it up to yet another life lesson learned............ NEVER RENT FROM A PREACHER !
 
Seems like you might have a legit complaint. I mean if the lease mentions the pool it should be usable in the summer. I'd be extremely POed. At the least see if there's some govt agency you can report him to as being a crap landlord.

I found this on a page with KY tenant law: http://tenant.net/Other_Areas/Kentucky/ltguide.html#3secl

"When the landlord fails to comply with the provisions of the lease or the Landlord/Tenant Act in a manner that affects the health and safety of the tenant, the tenant may make his own repairs and deduct the expenses incurred from the rent."

I'd want legal advice before doing this though. That same page has a list of orgs that offer legal assistance.
 
I don't know much about landlord/tenant law but if I were you and it clearly states in the lease that you are renting the pool (assuming of course that it is usable because why else would you rent the pool) I'd make the repairs myself, keep detailed records of the costs involved and then deduct it from the rent. If you are out of there at the end of August it won't be worth it for him to file a complaint against you - especially one that he isn't likely to win. There just isn't enough time. I mean it takes 6 months to a year to evict someone that isn't paying rent at all...

Disclaimer: This isn't legal advice at all - just something I would probably do if I were in your shoes.
 
I'd definetly seek more info to try and take action. Whatever you do do, keep it on the low-low until you are 1000% sure on a course of action. Your security deposit depends on it.
 
[quote name='klwillis45']I'd definetly seek more info to try and take action. Whatever you do do, keep it on the low-low until you are 1000% sure on a course of action. Your security deposit depends on it.[/quote]

Oh yeah - I'd also withhold an amount equal to the security deposit on top of the repairs so when he keeps the deposit you aren't out anything.
 
Simply put, both parties are obligated to the conditions set in the lease. You have to pay rent and not fuck shit up, and they have to maintain the premises. If they included the pool in the lease, well, poop for them.

You have 3 months on your lease - paying out of pocket and deducting it from rent is going to be a lot less trouble than trying to pressure the landlords to do something about it. They'll make union labor look hardworking and fastidious by comparison. :lol:

Go with what javeryh sez.

And, FWIW, as soon as I saw you were from KY, I thought "I bet their landlord is this fucker named Bridges!" But, alas, you're in Lull-ville, so it's unlikely.
 
I did some landlord-tenant YEARS ago, and the previous suggestions seem right. The problem is that it's all state specific. You might want to call your local bar association to see if they either have any self-help publications or can refer to a lawyer who will meet with you for cheap/free. Alot of attorneys will make the first meeting free with the understanding that if you have to go to court, that's when they get paid.
 
tell the landlord that you have a copy of the lease agreement and that you are contacting the Better Business Bureau. Then if he still doesn't comply then make the call. Also take pictures...
 
Since it states in the lease that you are renting the pool. Call him and tell him it states in the lease that you are renting the pool. If he still doesn't want to make repair then take it out of rent. And keep detailed records for every cost.

Like jav said factor in the security deposit. Then when you go to pay him rent one month, and all your handing him is $57 dollars. Have a copy of the lease, and a copy of your local law that states he is responsible for all repairs, and you can fix the things yourself and take it out of the cost of rent. Plus the reicpets
 
Thanks for the advice everyone. I'm going to give the owners one last shot to do the right thing. If not,........... well I guess the rent won't be as much as they're expecting. And if they throw a fit, no big deal to me. I love the house we're in and moving is a pain, but I'll be outta here.
 
[quote name='Graystone']Since it states in the lease that you are renting the pool. Call him and tell him it states in the lease that you are renting the pool. If he still doesn't want to make repair then take it out of rent. And keep detailed records for every cost.

Like jav said factor in the security deposit. Then when you go to pay him rent one month, and all your handing him is $57 dollars. Have a copy of the lease, and a copy of your local law that states he is responsible for all repairs, and you can fix the things yourself and take it out of the cost of rent. Plus the reicpets[/quote]

you can't do that...the best thing to do is to:

1. request a lease change that you can sign to reduce the rent and not include the pool...so it's not part of the rent

2. Take your lease and pictures or the problematic areas to your borough office and explain the situation. They'll require them to repair the damages or they'll report him to the bbb
 
You can make the repairs yourself in most states. You can do that in AZ, but you really need to know how your state works. Here you can't hold back money to compensate the future loss of your security deposit.

Also, while it's great that you may do the repairs yourself/hire someone, you were still out the extra $100/month for the past X months. (I know you wouldn't have used the pool in the winter but you were still paying an extra $100.) That alone is reason to get advice about taking action to the landlord. Small claims court?

Check with your state's Department of Real Estate for guidance and possible referals.
 
Like others have said, fix the repairs yourself and deduct from the rent. You can not deduct your security deposit from rent, unless you want to commit fraud and add that price to the repairs.
 
You only have two months left, I'd get him to reduce the rent or hold the contract over his head. He'll most likely end up making the repairs. I'd get some legal advice as to how much you should deduct from the rent should he not make the repairs.
 
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