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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Tenant Pool Equipment Responsibility
Hello, I live in Nevada and rent a house with a pool. I agreed to do pool cleaning myself instead of paying $100/mo extra for a monthly cleaner. I vacuum regularly, keep the water level up, and keep the chlorine and chemical levels exactly where they need to be. The problem is the pool pump motor has now gone bad. The home is 7 yrs old so so is the motor. The landlord is stating that I am responsible for that. I believe I am responsible for the pool maintenance but NOT to replace permanent equipment. My lease agreement states: "Tenants assume all responsibility to the maintenance of the pool. Tenant agrees to maintain the water level, sweep, clean and keep in good condition. If Tenant fails to maintain the pool in a satisfactory manner, landlord may have the pool maintained by a licensed pool service and charge tenant with the actual cost. Said costs shall become actual rent."
To me it sounds like clearly the maintenance of the pool is referring to keeping it clean and maintained. There is no mention of the permanent existing equipment. I cannot maintain / vacuum the pool if the existing motor is now broken, however I do not think that should be my responsibility? New pool motors are anywhere from $400 to $1000.00. |
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#2 |
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Maintenance and repairs are 2 different things. You have done your part in maintaining the pool. However, the pool now needs repairs, which are out of your hands. Repairs to equipment are the LL's responsibility. Think of this as another piece of equipment, a furnace. You would be responsible for normal maintenance (replacing filers), but the LL would be responsible to service it if it failed.
Write the LL that you have maintained the pool (list your responsibilities as per the lease agreement), but now the pool motor needs repair. Let him know that you will continue to maintain the pool, but that you are not responsible for these costly repairs. Tell him that you cannot continue to maintain the pool in the proper manner without a working pump. Ask for him to repair the pool motor (don't say replace, let the repair guy tell him that) and to contact you within 10 days to let you know when repairs will be made. Send this letter to him by certified mail, return receipt requested, and keep a copy. Keep the receipt that comes back. If he fails to respond within 30 days, look into Nevada Revised Statute 118A.360, .380 to see about repair and deduct remedies. |
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#3 |
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Good advice!!
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#4 |
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Thanks, good advice. In the meantime since the broken pump motor also no longer allows for the filtration system to work, the water is becoming stagnant and full of algae. Soon the pool will be green. Since the landlord is choosing to wait, that algae and debris collecting will cause semi-permanent stains to the bottom of the pool, where if he wants to get rid of it the pool will need to be drained and acid washed... causing one problem to balloon into a more expensive problem for not taking action. In the meantime living in hot Las Vegas I paid for a house with a pool, and I now cannot swim in that nasty water that I had crystal clear and sparkling blue but the rent is still the same..
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#5 |
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You may want to get a statement from a pool company to say what the consequences are if the pump is not fixed promptly. Send a copy to the owner. If the owner doesn't fix it within the month after he receives the letter you send, you can repair & deduct to get it fixed quickly. You can also ask the LL for a rent credit for the period when you are unable to use the pool. The credit would be the difference in rent from your unit and one that is similar in your neighborhood, but has no pool.
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