Our apartment’s pool has been under maintenance/repairs for the last two months, are tenants entitled to a rent decrease if repairs take too long?

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Our apartment’s pool has been under maintenance/repairs for the last two months, are tenants entitled to a rent decrease if repairs take too long?

Our apartment’s pool has been under maintenance for the past two months because of a leak in the pipes that needs to be fixed. A notice was posted over two months ago making tenants aware of the problem, and now another one has been posted citing the federal law (that was passed 6 months ago) that requires pool drain covers be installed The apartment manager wrote that since the pool is already drained and undergoing repairs, management is taking this opportunity to also bring the pool up to code. Are tenants entitled to a rent decrease if repairs are not done in a timely manner?

Asked on June 22, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I doubt that you're entitled to anything off your rent for this.  But I don't have a copy of your lease to review, and I'm not familiar with the details of California landlord-tenant law.  For advice you can rely on, you would need to have a lawyer in your area review the lease and all the facts of this situation.  One place to find an attorney is our website, http://attorneypages.com

In most states, I think that the pool would be considered just an amenity, not an essential part of the bargain made in the lease.  That goes more to habitability issues, shelter, security, indoor plumbing and utility service.


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