Q: I rented a house with a pool. I was not told pool leaks, spa is unheated, waterfall inoperable.
My FLORIDA lease doesn't mention the pool at all. I realized within two days after moving in that the pool is leaking. I reported it to the property manager (assuming they didn't know). I was informed that the owner of the home will not fix the leak due to expense. Instead, they have instructed me (in writing): "There is a leak in the pool. We have asked that you be diligent in keeping the pool water level where it should be and the owner has agreed to review your monthly water bills and, if warranted, give you a credit. Please understand, if the water level is not property maintained, should there be any repair issues resulting from this, you could be held responsible for the charges." I spoke to the guy who services the pool weekly - he told me the owners have known about the leak for two years, so it was not "discovered" by me! Consequently, I've been instructed to "refrain from talking with the pool/lawn companies!" Am I responsible? Can I get out of this nightmare lease?
A: What does the lease say about your maintenance duties? If, as you indicate, the pool was not mentioned in the lease and there is a property manager, it would appear that maintenance, by the property manager, is the landlord's responsibility. If this is the case, they cannot pass the responsibility to maintain the pool on to you. So tell them (in writing, of course) no, they need to continue to maintain the pool, including monitoring the water level. If they refuse to do so, it looks like you may have a case for terminating the lease.
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