Swimming pool defect/ security deposit

[Dlo82]

Hi there I am in Chester, VA and my landlord is refusing to return my deposit on the grounds that we damaged the steps of his in ground swimming pool. He has not been on time for any deadlines, the main one being the 30 day timeframe set out in his lease which requires landlord to send reciepts and justification for withholding ALL of my deposit. My question is, shouldn't the pool steps be just like the front of the house steps? Meaning, we are required to keep up the porch steps, but if a brick falls off of the steps due to normal foot traffic, the landlord is responsable. Right? I plan on going to small claims court soon. Please any information would be helpfull. Also he is a home inspector.

[stephenk]

how did you damage the pool steps?

[Dlo82]

Let me start by saying, the liner of the pool was recently replaced, and we had to call the landlord and report that the liner had slipped from the edge. Also the concrete surrounding the pool had at last count 26 large cracks. My landlord had someone fix the liner and he put caulk in the cracks. The first step of the pool had an indention in it like the stair had broken behind it but the liner was still intact over the hole. To our knowledge we didn't do anything to the step, we advised him of the problem right away. My brother and myself were the main users of the pool and we usually jumped in the deep end instead of using the stairs anyway. At no point was anyone else allowed in the pool without supervision. I would like to also add that the landlord refused an initial walkthrough inspection so i took pictures before and after. I also requested any final inspection information. I was given nothing besides the late letter that said "your security deposit is being withheld". Thanks for your help

[badapple40]

Normal wear and tear is allowed and the responsibility of the landlord.

Are you telling me that the steps were damaged when you moved in?

[Dlo82]

To my knowledge, the hole was not there when we moved in. That is however why I stated that the landlord refused to due a walkthrough at time of my moving in. As we did not get in the pool and inspect every square inch of the 20,000 gallon pool, I can not say for sure that the pool was totally without defect. I noted every defect in the property and had a witness there at the time. The main thing is that we havent done anything in or to the pool that was beyond normal use. Swimming in it and ocassionally we walked out of the pool via the steps. The landlord claims we must have jumped on the step and damaged it that way. But even had that been the case I feel like that sort of blunt force would damage the liner as well, and it was still intact. Thanks for any further information.

[HomeGuru]

Originally Posted by Dlo82

To my knowledge, the hole was not there when we moved in. That is however why I stated that the landlord refused to due a walkthrough at time of my moving in. As we did not get in the pool and inspect every square inch of the 20,000 gallon pool, I can not say for sure that the pool was totally without defect. I noted every defect in the property and had a witness there at the time. The main thing is that we havent done anything in or to the pool that was beyond normal use. Swimming in it and ocassionally we walked out of the pool via the steps. The landlord claims we must have jumped on the step and damaged it that way. But even had that been the case I feel like that sort of blunt force would damage the liner as well, and it was still intact. Thanks for any further information.

**A: get a pool inspection by a pool contractor and use that report in court when you sue L.

[Dlo82]

can you get a pool inspection of a pool at a residence that you no longer live in? I am not sure that is an option at this point as we have already moved out.

[badapple40]

Sure you can -- you can conduct inspections in litigation through discovery.

[HomeGuru]

that's right**************....

[Dlo82]

I have looked up "inspections in litigation through discovery". And now i just have more questions. First, can I do this when I am going to Small Claims court? And if so how do I go about initiating this discovery inspection, besides calling a pool contractor. I am not sure my landlord would be real happy or to see a stranger coming in his back yard. And I certainly do not want to see the man again outside of court if I don't have to. Should I send him notice or something? Thank you so much for any information.