Landlord refuses to repair or fill in swimming pool

[Casey6602]

We rented a pool home in August of 2013 for $1,250 per/mo. When we moved in the home was in sad repair. We were told that the pool, which was barely 1/3 filled and green, could be filled and filtered and would be "beautiful" again. The entire home was a mess but we have worked to repair some of the more important issues ourselves. The pool however could NOT be just filled. It has a huge crack in it and after calling several pool companies found out that it would cost thousands to repair it. In November the landlord finally decided that he would not repair the pool but agreed that he would fill it in. At this date (June 12, 2014) it is a green smoldering pond filled with hundreds of frogs, mosquitos and some unidentified bugs that crawl out of it along with various snakes that crawl in constantly. I have complained to the landlord every month (in writing) about the pool but nothing has been done and all he replies is that "he is addressing the problem". I am at the end of my patience. We expected to have a place where my grandson could enjoy when he visits not to mention being able to have a pool we could enjoy since going on vacations has not been something we could afford to do. Is there anything we can do besides moving out to make this man at least provide a safe and healthy backyard that we can enjoy even we can't have the pool that we rented? He did reduce the rent by $100 which in no way covers the aggravation that this has caused us but it is all he is willing to do. The home is located in Florida.

[AFFA]

Re: Landlord refuses to repair or fill in swimming pool

I wish to inform you that you may file a lawsuit for beach of contract. You may show to the Court the condition of the pool with photographs to substantiate the view point. You may show the health hazard from frogs, mosquitoes, bugs and snakes. You may request the Court to order the landlord to fill the pool and compensate you for your damages and costs. Alternatively, you may report the matter to the Health Authority in the City to declare the premises a health hazard and uninhabitable after which the lease agreement may be terminated.

AFF

[Friend In Court]

Re: Landlord refuses to repair or fill in swimming pool

We rented a pool home in August of 2013 for $1,250 per/mo. When we moved in the home was in sad repair. We were told that the pool, which was barely 1/3 filled and green, could be filled and filtered and would be "beautiful" again. The entire home was a mess but we have worked to repair some of the more important issues ourselves. The pool however could NOT be just filled. It has a huge crack in it and after calling several pool companies found out that it would cost thousands to repair it. In November the landlord finally decided that he would not repair the pool but agreed that he would fill it in. At this date (June 12, 2014) it is a green smoldering pond filled with hundreds of frogs, mosquitos and some unidentified bugs that crawl out of it along with various snakes that crawl in constantly. I have complained to the landlord every month (in writing) about the pool but nothing has been done and all he replies is that "he is addressing the problem". I am at the end of my patience. We expected to have a place where my grandson could enjoy when he visits not to mention being able to have a pool we could enjoy since going on vacations has not been something we could afford to do. Is there anything we can do besides moving out to make this man at least provide a safe and healthy backyard that we can enjoy even we can't have the pool that we rented? He did reduce the rent by $100 which in no way covers the aggravation that this has caused us but it is all he is willing to do. The home is located in Florida.

The landlord has reduced the rent for diminution in value for lack of pool But you have a growing health and safety hazard with mosquitos, snakes, etc. and all the other water loving critters it attracts. Pretty soon you may have one or more alligators in it, too. From your description you must be in Southern Florida.

You need to call out the health department to inspect your backyard everglades so the problem can be cured. Mosquitos can carry West Nile for there have been reported cases in Florida.

The landlord, if he will not repair the pool can have it covered. The expense is far less than a suit for damages should a child fall in it, get hurt, or drown. Or get bitten (or swallowed) by a serpentine predator.

The Health Department should require remedial repairs, sanitation, and probably either covering it or a high enough security fence be built around it.

[Disagreeable]

Re: Landlord refuses to repair or fill in swimming pool

Pour a cup of bleach into it and that will prevent mosquitos. Take the kids frogging.

[Friend In Court]

Re: Landlord refuses to repair or fill in swimming pool

Pour a cup of bleach into it and that will prevent mosquitos. Take the kids frogging.

You obviously haven't had a pool to clean and purify and rid of mosquitos. . There is no way on this earth that a cup of bleach will clean up an algae ridden swimming pool and kill all the mosquitos.

Further it is a hazard, not just to children, but alligators in FLorida. They have been known to travel up to a mile over land to settle in a pond (or swimming pool). One passed outside my back door -- within 10 feet -- heading for a lake 1/2 mile away. They have been found in swimming pools in Southern Florida, often.

If she follows the advice the Health Department gave, the owner will have to take care of it properly. And they may order the spraying for mosquitos as some towns and counties do in Florida. Why should the poster try self help cuppa bleach when the county will do it for her and do it right?

[Disagreeable]

Re: Landlord refuses to repair or fill in swimming pool

Actually, my house has had an in ground pool since it was built. Being of sound mind, it is now under about 5 feet of dirt.

[Lexus]

Re: Landlord refuses to repair or fill in swimming pool

It may depend on what your lease agreement says. But generally, it is the duty of the landlord to provide you with clean and safe environment. He can't refuse to uphold his own contractual obligations. Therefore, send a certified letter to the landlord and ask him to correct the pool. If your landlord ignores or refuses your request to carry out necessary repairs that could constitute a breach of the lease agreement, and then you would have the right to ‘repair and deduct’ or ‘move out’. Gather maximum evidence to support your case. Talk to an attorney right away to protect your legal rights.

[Guest]

Re: Landlord refuses to repair or fill in swimming pool

It may depend on what your lease agreement says. But generally, it is the duty of the landlord to provide you with clean and safe environment. He can't refuse to uphold his own contractual obligations. Therefore, send a certified letter to the landlord and ask him to correct the pool. If your landlord ignores or refuses your request to carry out necessary repairs that could constitute a breach of the lease agreement, and then you would have the right to ‘repair and deduct’ or ‘move out’. Gather maximum evidence to support your case. Talk to an attorney right away to protect your legal rights.

Yes exactly--and city codes likely also apply to a pool used by renters, the public, etc.
Be diligent. A dirty pool is a major health risk!
Angie

[Guest]

Can I really then sue the landlord for a filthy dirty pool?