If an apartment complex advertised a brand new pool but the landlord failed to maintain it and then closed it, do tenants have any recourse?

UPDATED: Jul 23, 2012

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If an apartment complex advertised a brand new pool but the landlord failed to maintain it and then closed it, do tenants have any recourse?

I chose to rent an apartment in a complex that advertised a “brand new onyx pool”. This was one of the most important features in my choice since I am an avid swimmer, not merely a sunbather. The pool did not open until two weeks after the originally posted date despite record high temps. Ownership of the property changed hands at the beginning of this month. The temperature in the swimming pool rose to above 100 degrees. New managers turned the heat down, but algae began growing and they subsequently simply closed the pool July 15th “until further notice”. Do we have any recourse as tenants?

Asked on July 23, 2012 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It really depends.  You are going to take the position that it was the reason that you signed the lease (reliance) but the lease agreement may stick you.  The original management did not misrepresent the information and in fact had the pool there for use.  You may try and see if the court will allow you to pay your rent in to court until the matter is resolved as it was a "service" that was promised and subsequently not provided.  But again, your lease is key.  Good luck.

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