Can pool maintenance be considered “utilities” if not specifically stated in the lease?

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Can pool maintenance be considered “utilities” if not specifically stated in the lease?

The original leasing agent told me that the pool maintenance was covered under the maintenance agreement in the lease and would be covered by the owner. Now that the leasing agent I originally dealt with is gone, the new one says since its not specified in the lease that its considered “utilities”. I have a witness that was present at the time the agreement was discussed and also my insurance agent discussed the matter with the original agent. The owner will pay to open/close the pool and wants me to pay her “maintenance guy” weekly to maintain the pool.

Asked on June 26, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically the definiiton of "utilities" would be stated in the presumed written lease that you are writing about and defined. If there is no definition of "utilities" in the lease, then such term is used in its ordinary "Webster's Dictionary" definition to include gas, heat, and the like which would not include a swimming pool.

If the swimming pool is defined under "utilties" in the written lease, then it is a "utility".


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