If I moved into an apartment complex that has a pool for tenant use, shouldn’t my rent decrease if the pool is unusable?

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If I moved into an apartment complex that has a pool for tenant use, shouldn’t my rent decrease if the pool is unusable?

I have lived in my apartment complex for almost 2 years. I moved here because it has a lake to fish in and a pool for my children to play in during the summer. Last summer the pool was open and we used it frequently. This summer they have not filled the pool. They claim that it is being repaired. We are not able to use it and it’s very hot. The neighborhood pool requires $6 per day per person to use. I have 3 children. I pay $805 per month (on time, never late). Shouldn’t my rent decrease since I no longer have this amenity?

Asked on June 28, 2011 under Real Estate Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

So really what you are saying is that you would not have moved in to the apartment but for the pool?  And was the use of the pool included in the actual lease agreement and was there an extra fee charged for the pool?  All these things will matter but I can definitely see your point of view here.  Have you tried to ask them about it?  I am unsure that under the law the pool would be considered something that could be seen as a necessity  - like a refrigerator or a stove - that you would say that without it makes the apartment uninhabitable and thus breaches the warranty of habitability that comes with the apartment so that you could go to court and ask for a rent reduction.  But I guess that you can try.  Good luck.


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