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graysons_mom | If my landlord fails to keep the pool operational can I get a rent discount or out of my lease? |
I live at an apartment complex in Texas. May in Texas means HOT HOT HOT, and HOT means I want to use my pool. One problem with that is the fact that the pool is locked. When I called the apartment complex the first time, they said they had called for a required city inspection 2 weeks prior, and it hadn't happened, so the pool must stay closed. Well today (2 weeks after the first call), the apartment again says that city hasn't performed the inspection. I decided to call the city hoping a little proding might do the trick. The department that is responsible for that inspection says that they have not received a call from the apartment complex, nor has the apartment complex paid the required fees for the permit. I want to know, since this was the apartment complex's fault, can I either get part of May's rent back, or get out of my lease. |
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David S
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You'll need to read your lease to see what it says about the pool. I think it's doubtful that this situation would be sufficient grounds for getting out of your lease, but it's possible. |
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src50
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No. An operational pool is not required for an apartment to be habitable. |
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A.Mercer
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Probably not. Usually pools are considered a bonus to the agreement. The lease should cover your apartment. If there is a clause in the lease about the pool, I bet that it does not say that the apartment complex is promising you a pool.
If you try to pay less rent or just dump the lease the apartment people will probably just turn you over to a collection agency. Your credit will be trashed. If you try to dispute the debt the collection agency will present the credit reporting companies copies of the lease you signed. The credit reporting companies will accept this and allow the debt to be posted.
For you to truly break the lease and get out of it you will need to take the landlord to court and sue to break the lease. This is probably not worth it for a pool. That is even if the lease makes direct mention of a pool and that it is a part of the lease.
I saw a news segment a few years ago about a lot of apartment complexes in the Houston area were getting rid of their pools for liability reasons. The tenants were upset about this but they learned that the leases did not promise them pools. |
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KatB
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HA1 HA! Nice try. Go to the beach. |
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acermill
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Not unless your lease specifically indicates that part of your rent is use of the swimming pool. If it's not mentioned in your lease, you have no legal basis for complaint. |
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trouble_sum81
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You can try but I doubt any good will come of it. |
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Craig T
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Get out of your lease? Not a chance unless there is language in the lease guaranteeing a functional pool (which I would VERY surprised to see)
Rebate on May's rent? Not likely Nor are you likely to get a discount on June rent if the pool still isn't operational. |
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Gertie
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read your lease dont is specify you will have access to the pool during your tenancy? |
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Emily
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probably no, pools don't usually open until Memorial Day weekend |
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