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  1. #1
    Join Date
    Aug 2015
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    Default Re: Is a Tenant Responsible for the Cost of Pool Repair

    But isnt it a health hazard that because they refuse to repair the pool we cannot keep it clean, there for the pool water turns green, mosquitoes now are there, which is a health hazard, and we risk the city fining us for a green pool. Side note, I just got back from the lawyers office. They said I would need to send an official letter to the property management giving them 10 days to repair it, else I either pay it out of pocket and deduct from rent or I reserve the right to break the lease and move out. They said it would not be financially beneficial to sue them at this point. Though I never thought to sue them, I just want them to fix the pool and reimburse me for the out of pocket cost of paying for a hotel when the A/C went out and it took a week for them to get someone to fix it.

  2. #2
    Join Date
    Jun 2015
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    988

    Default Re: Is a Tenant Responsible for the Cost of Pool Repair

    If green water is a building code or health code violation you might also consider a formal written complaint to any relevant enforcement agency. At least as you post it its LL/lessors job to keep the property up to code

  3. #3
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    Aug 2015
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    Default Re: Is a Tenant Responsible for the Cost of Pool Repair

    Yes, in Arizona due to the west nile virus threat they now have a city ordinance or whatever you call it that any pool that turns green is subject to a fine of $1000 by the city. It is considered a health violation. We have photos proving we maintained the pool very well up until the pool motor went out 2 months ago. The backyard is very beautiful and the water is a crystal clear.

  4. #4
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    Jun 2015
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    988

    Default Re: Is a Tenant Responsible for the Cost of Pool Repair

    Pay keen attention to the rules as to repair and deduct..it is a limited remedy ..and capped pretty low [

    What was once a simple pump/motor repair/replace may now be 5X ...
    And the last homeowner role,where I played a bit part on a pump motor service call was several thousand $ for a simple 3 hp pump/motor by the time it was over.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Is a Tenant Responsible for the Cost of Pool Repair

    Quote Quoting silly2988
    View Post
    Yes, in Arizona due to the west nile virus threat they now have a city ordinance or whatever you call it that any pool that turns green is subject to a fine of $1000 by the city.
    And the fine would be assessed against the property owner.

    The possibility of mosquitoes breeding in your pool is not even close to the same thing as your premises being uninhabitable. If the pool actually becomes infested with mosquitoes, insect infestation is statutorily defined as a violation of a landlord's duties, A.R.S. Sec. 9-3103.

    Going back to the pool, based on what you have told us the landlord has a duty to repair the pool under the lease, and the lease language supports your position that the landlord should pay for the repair. He is thus violating his statutory duty to make repairs, including keeping the pool in sufficient repair that it is fit for use:
    Quote Quoting A.R.S. Sec. 33-1324. Landlord to maintain fit premises
    A. The landlord shall:

    1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.

    2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

    3. Keep all common areas of the premises in a clean and safe condition.

    4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.

    5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.

    6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

    B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.

    C. The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.

    D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:

    1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.

    2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.

    3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
    Given that violation, you have the possibility of a self-help remedy, depending on the cost of repair:
    Quote Quoting A.R.S. Sec. 33-1363. Self-help for minor defects
    A. If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection.

    B. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent or if the condition repaired does not constitute a breach of the fit and habitable condition of the premises.

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