Legal Question in Landlord & Tenant Law in California

swimming pool

there is a in ground swimming pool at the house we are renting. Does the landlord need to keep the maintenance up on it?


Asked on 5/14/09, 10:31 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: swimming pool

Attorney Shers is correct. You need to review your lease. If it is ambiguous or doesn't state who is responsible for the pool, look at who is responsible for landscaping - if the landlord is paying that, it would further your argument that he was to have maintained the pool as well. In the long run, to avoid conflict with the landlord, you may wish to amend your lease to clarify this, and reach some sort of agreement with the landlord about it rather than fighting about it with the landlord. The later course of action will probably find you moving as soon as he can legally terminate your lease.

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Answered on 5/15/09, 1:05 pm
George Shers Law Offices of Georges H. Shers

Re: swimming pool

That would be covered in the terms of the lease. If there is no mention of it, unless you firmly believed the landlord would handle it, in which case you might be able to argue the contract is ambigious and the landlord wrote it up so it should be held agalinst him [not the greatest argument], it probably is your responsibility. Afterall, you are responsible for general maintenance of the house with the landlord only required to maintain the equipment; the same logically would apply for a pool.

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Answered on 5/14/09, 11:27 pm


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