Legal Question in Landlord & Tenant Law in Florida
Green Lagoon pool/spa
We just entered into a 1 yr. lease on a 5 yr. old executive home w/pool & spa. The owner elected to have the property management co. turn off the pool last fall. Not being maintained since Nov. '06 - it�s funky. We were forced to sign a pool maintenance agreement saying we are liable. We agreed to clean the pool with the understanding that it is in proper working order. Move-in day, we paid a pool expert to come evaluate it. He discovered that the prime isn�t good, therefore will damage the pump (if not already). He discovered a previous poor patch-job, so the pipes are leaking air & water.
We promptly called property mgmt. co. We were told that the house/pool is under warranty. It�s going to be 3 weeks to get someone out here to 'look' at it, then they will decide what to do.
What about our rights (what would you do) to expedite this repair in a timely manner. It's frustrating and unfair that we have paid our deposits/rent in good faith, yet cannot have full use of the property (specifically the pool/spa) - our primary reason for leasing this house. Isn�t this misrepresentation? Them aware of this problem prior & not telling us?
Thank you kindly for your help & reply.
1 Answer from Attorneys
Re: Green Lagoon pool/spa
There are several theories under which you may seek a resolution to your case. You may be able to seek remedies under contract law, based on misrepresentation, mutual mistake, recission and possibly fraud. There may also be a recovery under Landlord Tenant law depending on how severe of a problem the pool is causing.
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