Landlord Trying To Make Us Pay For The Pool

**ANNOYEDRENTER** · 08-04-2007, 08:06 AM

Hello, I really need some help with this....we live in Florida first off...We just moved out of our house that we rented from Satan lol. Let me say this before we moved in our landlord said that the pool was in great condition other than the wiring..so she said she was going to tear it down if we didnt want to fix the wiring. So like idiots we repaired the wiring it costs us an extra $500.00..so we move in and like 2mths later the pump totally stops working..my husband goes over and I guess its the shaft or the rod that turns in the inside is soooo rusted thats its not even funny..it has cracks i n the rust and everything. So we tell her and she kinda blows it off and says nothing else about it. This is what our addendum to the lease states:

"Tenants are repsonsible for all maintenance, upkeep, and upgrades of the pool. Tenant will be responsible for any problems including but not limited to repair of liner, pump, electrical equipment, frame, deck, and all other parts not mentioned above. Owner wil not be held liable or repsonsible for any damages that occur relating to the pool, electrical systems of the pool, or maintenance of pool. Owner will not be responsible for maintenance or upgrades of the pool, pool equipment, or pool deck. Owner will not be responsible for reimbursement of costs incured due to pool maintenance, upgrades, or service. If upon inspection of the premises the pool if found to be in a unusable condition, the owner will require that the pool be removed at the expense of the tenant. By signing this lease agreement the tenant acknowledges full responsibility for the pool. pool deck, and any equipment included. Tenant releases owner from any and all liabilities related to pool, pool deck, and any and all pool equipment.

Ive spoken on the phone to a lawyer and she said in that agreement it doesnt say replace..ir only says REPAIR..She says that just because its in writing doesnt mean anything (agreement) she said that people getting married- if one states if we get divorced, Im dont have to pay child support..seh said that wouldnt hold at all....back to the pool we've checked and no one does any repairs on above ground pool pumps here they say they are too complex.....Now I told this girl (landlord shes 23) that this pump stopped working in September...this pool has been green for awhile!!! shes seen this green many times...shes telling us now that we are gone that the pool needs to be ripped up and its going to cost her over $1000.00 I said no thats not, my husband can get someone for free over here to take that up...well she starts acting funny well we'll talk about it in the walk through of the house"...Its the 4th and she still hasnt called to do our walk through (we moved out on the 29th of July)...My husband called her and she starts yelling dont threaten me, and no one said anything to her that was a threat so we think she had an audience. Almost done ....One other thing is she is on a Car Racing Chat, well my mother in law new her and said no one likes her anyways because shes a b*tch...well thats besides the point right..but we took this chat back to before we moved into the house and she was trying to give this pool away, and she was asking for help with some pool service because she didnt have time to do it (she use to live here in the house before she rented it) and after she moved out it shows that she was complaining about her tenants not taking care of the pool.....Ive copied all of this...We left the house in great condition, the carpets were dont and everything and every other house we've rented we've always got out deposit back..to beat all this young girl is a real estate agent (she just became one) I just want some other opinions please help. thanks so much!!

**Mr. Knowitall** · 08-04-2007, 08:29 AM

Stream of consciousness posts can be hard to fathom.

If your landlady is withholding your security deposit, and you believe you are entitled to its return, you can sue her in small claims court.

**ANNOYEDRENTER** · 08-04-2007, 11:02 AM

Im very sorry about the typos in the Post. I was just getting angry at the whole deal all over again. This whole lease has been a nightmare. My main question is, if I signed that addendum..the one that is stated above...does that hold me liable for REPLACING that pool pump? Or is it like the Lawyer said, its just something Ive signed and it doesnt hold me to replacing it, just repairing it?

panther10758 · 08-04-2007, 11:15 AM

You will find that out my taking Landlord to court or Landlord taking you to court

**Mr. Knowitall** · 08-04-2007, 11:32 AM

I don't want to second-guess your lawyer. It would seem to me that if you wanted the pump replaced while you were in residence, you would have borned the cost, but now that you have moved out I would expect that you would at most be responsible for repair. Given the described condition, if she takes you to court I would try to argue that you should at most be responsible for the depreciated value of the pump when you took possession of the premises, which would be minimal if it was as rusty as you say. But as I previously said, go with whatever your lawyer tells you.

**ANNOYEDRENTER** · 08-04-2007, 12:28 PM

I do not have a lawyer personally..I just called and had a consultation over the phone with the lawyer to see what my options were...Ive looked up the price for the exact pump and its $171.00 which I would gladly pay. But shes talking $1000.00...This pump cannot be repaired, the pool repair guy says that very few people will touch an above ground pool motor/pump because of how they are made, they are hard to put back together..go figure..but I am sending another guy over to the house today, Being its up for rent I dont see the harm in him going in the backyard just to look at it...Hes going to give me an estimate on how old it is and maybe with what you said (Mr Knowitall) "about the age"...maybe that would work if I need to take her to court...thanks again for your help

panther10758 · 08-04-2007, 12:51 PM

If you no longer live or rent property you have no right to tell others to enter backyard. You need owners ok first

**ANNOYEDRENTER** · 08-04-2007, 06:11 PM

At this point I really dont care...If it will help me with my case then Im doing it... The gate is open for people to look into the backyard anyways...she doesnt play by the rules either... she would call 5 minutes before she was going to show the inside of the house...she would say hey so and so is on the way to look at the house they'll be there in 15minutes...