Legal Question in Real Estate Law in Arizona

Swimming Pool Repair

When I moved into the house I rent it had a functioning inground vinel pool. It was the reason I rented the home. It began to leak and the owner reduced rent from $650 to $615 for the extra water bill amount. In the winter he had the liner removed and concrete put in, however, it is still sitting there with nothing further being done to it. I want him to finish the repairs by summer. Is there a law about an empty swimming pool being a hazard? What can I use for leverage. I don't want to move out. How much of a rent reduction is reasonable for lack of a working swimming pool, if the pool was a part of the lease?


Asked on 4/22/99, 6:55 pm

1 Answer from Attorneys
Jon Gottlieb Ashenden, Flynn & Gottlieb, P.A.

Re: Swimming Pool Repair

In general, parties are free to contract as they wish and in this case the terms of your lease will control. If the pool is a material part of your lease you can either force your landlord to repair it, repair it yourself and credit your costs against your rent, or claim a default by the landlord justifying your termination of the lease. The most important issue is the language contained in your lease. If your lease is silent then local law will control. Most states will require the landlord to either repair the pool or secure it to prevent it from posing a danger, especially to curious children.

Jon Gottlieb

Ashenden, Flynn & Gottlieb, P.A.

3340 Peachtree Road, N.E., Suite 2550


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Answered on 4/22/99, 10:22 pm


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