What is the name of your state (only U.S. law)? Arizona
We rent a home through a property management company. The issue at hand is the pool motor went out for our pool in the backyard. We reported this issue 2 months ago to the property management. They initially tell us its the owners responsibility and that to go through the warranty company to get it fixed. We did that, however the owners let the warranty coverage lapse, so when they renewed it, the warranty company claims now the pool motor issue is a pre-existing issue and refuses to cover it. So we let the property management know and nothing was done for 2 months. During that time the water turned green because the pump wont work and no one is getting back to us about getting this fixed. Fast forward to yesterday, the owner of the property management just shows up unannounced to the house and claims we are responsible for repairing the pool. He had a copy of the lease and was trying to hand it to us while saying we had to pay for it, spouting off prices. I told him we are not responsible and asked him to leave the property.
In a follow up email I tell him through the lease the lessor is responsible for all repairs of the mechanical parts of the pool, so we are not responsible. He replied back stating that we neglected our duty to keep the pool water clean, and now the city could fine us for green water and they are forced to send someone out to fix the pool motor, but that we the tenants will be responsible for paying to get it fixed. However the lease says that the lessor will make repairs in a timely manner so that stuff like this wont happen. I told him if they plan to charge us, then to not send anyone out because we are not responsible. But again he keeps saying we are responsible for the repair. Below is the paragraph he is referring to in the lease. Can anyone confirm what I'm seeing? That the lessor is responsible for the repair of the pool in a timely manner? I plan to talk to a lawyer, but wanted to ask your thoughts. Here is the part of the lease the property management highlights saying this says we are responsible for fixing the pool motor.
"Lessee will keep and maintain the premises and property, including all appurtenances, at their own expense, including but not limited to keeping the swimming pool in like condition and repair as at the commencement of the lease, and will be responsible for any damages, with the exception of normal wear and tear."
However, a couple of lines down it says this:
"Lessor will be responsible for repairs to the following items; heating and cooling units, major plumbing and leak problems, ALL MECHANICAL POOL PARTS, dishwashers, ranges and ovens, refrigerators, and water heaters."
I also want to point out when we initially moved in the pool was disgusting and not even usable. We had to come out of pocket to get it fixed, the property management eventually reimbursed us, and the pool was not usable until 2 weeks after we moved in. Dunno if that makes a difference in this matter.
We rent a home through a property management company. The issue at hand is the pool motor went out for our pool in the backyard. We reported this issue 2 months ago to the property management. They initially tell us its the owners responsibility and that to go through the warranty company to get it fixed. We did that, however the owners let the warranty coverage lapse, so when they renewed it, the warranty company claims now the pool motor issue is a pre-existing issue and refuses to cover it. So we let the property management know and nothing was done for 2 months. During that time the water turned green because the pump wont work and no one is getting back to us about getting this fixed. Fast forward to yesterday, the owner of the property management just shows up unannounced to the house and claims we are responsible for repairing the pool. He had a copy of the lease and was trying to hand it to us while saying we had to pay for it, spouting off prices. I told him we are not responsible and asked him to leave the property.
In a follow up email I tell him through the lease the lessor is responsible for all repairs of the mechanical parts of the pool, so we are not responsible. He replied back stating that we neglected our duty to keep the pool water clean, and now the city could fine us for green water and they are forced to send someone out to fix the pool motor, but that we the tenants will be responsible for paying to get it fixed. However the lease says that the lessor will make repairs in a timely manner so that stuff like this wont happen. I told him if they plan to charge us, then to not send anyone out because we are not responsible. But again he keeps saying we are responsible for the repair. Below is the paragraph he is referring to in the lease. Can anyone confirm what I'm seeing? That the lessor is responsible for the repair of the pool in a timely manner? I plan to talk to a lawyer, but wanted to ask your thoughts. Here is the part of the lease the property management highlights saying this says we are responsible for fixing the pool motor.
"Lessee will keep and maintain the premises and property, including all appurtenances, at their own expense, including but not limited to keeping the swimming pool in like condition and repair as at the commencement of the lease, and will be responsible for any damages, with the exception of normal wear and tear."
However, a couple of lines down it says this:
"Lessor will be responsible for repairs to the following items; heating and cooling units, major plumbing and leak problems, ALL MECHANICAL POOL PARTS, dishwashers, ranges and ovens, refrigerators, and water heaters."
I also want to point out when we initially moved in the pool was disgusting and not even usable. We had to come out of pocket to get it fixed, the property management eventually reimbursed us, and the pool was not usable until 2 weeks after we moved in. Dunno if that makes a difference in this matter.
