swimming pool filter and renting

[Horse of Course]

We moved into our rental home in December 2008. Our home has an in-ground swimming pool. We had the pool professionally opened on May 7th. The pool company said the filter is broken and needs to be replaced. The cost of replacing the filter and having it installed is $1300. I contacted the home owner and she said they don't have the money to replace the filter at this time. Who is responsible for replacing the swimming pool filter?
Thank You.

[Flamingo]

The owner of the property is responsible for replacing the filter. Pull out your lease and read it. There should be a maintenance/repair clause or even something specific to the pool.

[Horse of Course]

I forgot to ask if it would be OK for me to deduct $1300 from next months rent to pay for the filter?
Thank You.

[Flamingo]

I forgot to ask if it would be OK for me to deduct $1300 from next months rent to pay for the filter?
Thank You.

You would need permission from your landlord on that; not from someone else. Again, check your lease or ask your landlord directly. If you do that without permission or it is not stated in your lease you can do things such as that, you will be out $1300.

[HHM]

I forgot to ask if it would be OK for me to deduct $1300 from next months rent to pay for the filter?
Thank You.

I wouldn't do that. You need to review your state's landlord-tenant law, some states will allow withholding or rent for "certain" repairs that have to with habitability. I am not sure a pool filter falls into that category. But, at the same time, since the house was marketed with a pool and since the owners are not willing to maintain it, I would strenously argue for a reduction in rent.

[BKOnce]

Pool is considered as luxury (swimming) life option. Probably, the house owner would come back & say like... "your monthly rental$ to me hardly cover my monthly mortgage, my maintenance bills, $my food on my table.... so much less on money for fixing of any fish-swimming pool at all"..

[dingdong]

Usually to use the "repair and deduct" method ( subject to your states laws) the repairs have to be associated with a habitablity/tenabilty issue as HHM pointed out.

These repairs are typically related to

Heating issues

Running water issues ( lack of or broken pipes)

Vermin/infestation

Broken windows.

Defective roofs.

Electrical issues
You get the picture-basic necessities for living safely.

To use the repair and deduct method you typically have to give the LL written notice and a reasonable time to repair.

What you may be able to do is ask the LL for a rent abatement of a certain portion of your rent based on the value of using the pool in relation to the total value of the rental home.

For instance if the home with the pool rents for 200.00 month more than homes in your area w/o a pool, then point this fact out to the LL and ask if you can deduct the 200/mo for the time the pool is not available for use, since it was advertised and offered for rent with a workng pool.

Or possibly ask if you pay for the filter now yourself, if you can take 200.00 ( or whatever you can agree upon) per month off the rent until the cost of the filter is used up. It may allow the LL to still cover the mortgage and absorb the cost of the filter w/o causing financial hardship, and allowing you to over time deduct the cost of the filter from your rent for say the next 6 months.

Be sure to get everything in writing, so you have proof that any deductions in rent where allowed by the LL.

[Peevee]

I would get a estimate from someone else. That sounds too high

[Ifonly]

Check your lease. Under "care and use of property", there are generally clauses the relate to appliances and services included. For example, my rental home has air conditioning. If I turn it on in July and it is broken, the landlord must repair it - it doesn't matter if I can live without it or not.

If use of the pool is provided in your lease, they are contractually bound to repair it - doesn't matter whether it's necessary or not.

My lease states that repairs less than $100 will be handled by us (the tenants). Over that is the landlord's responsibility.

[Ifonly]

Pool is considered as luxury (swimming) life option. Probably, the house owner would come back & say like... "your monthly rental$ to me hardly cover my monthly mortgage, my maintenance bills, $my food on my table.... so much less on money for fixing of any fish-swimming pool at all"..

I respectfully disagree. The landlord's financial problems have nothing to do with the tenant's right of enjoyment of the property. If my landlord said that to me when they were contractually obligated to do a repair, all I would hear is "blah, blah, blah". That's nice, so when are you repairing that?

It's not the tenant's problem if the landlord isn't charging enough rent to cover his mortgage...he agreed to accept it. If the lease states they provide a pool, he's bound by the lease to make certain it is in working condition.

It's a two way relationship. I wouldn't want to hear those excuses from my landlord same as I wouldn't make those excuses regarding paying my rent.

[Horse of Course]

Update

Thank you everyone for your replies.

I received a letter today from the LL and she stated that the swimming pool is a luxury and not a necessity. She said she will pay for the filter problem as soon as she has the money and there is nothing she can do until then.

Our lease states nothing about luxury items not being fixed. The lease states that the LL is responsible for all repairs that are not caused by the negligence of the tenet. The lease also states that the LL is responsible for repairs that are caused by normal wear and tear.

I have contacted another pool company to get a 2nd opinion.

[dingdong]

Post an ad on Craigslist and see if you can get a slightly used one.

I bet someone moving out of a foreclosure with a pool would gladly remove a filter and sell if for a few bucks.

Hell,my sister's neighbor took the garage door, the side fence and the flooring when their house foreclosed!

[themig90]

You just moved in, it is her prorperty and therfore her responsability.