Tenant to Demand to Fix Swimming Pool & Jacuzzi

Tenant to Demand to Fix Swimming Pool & Jacuzzi

Flipper · Elmhurst, IL · Member since 2011 · 96 posts · 23 votes

One of my rental properties in CA has a swimming pool and hot tub. New tenant moved in early this month but we didn't check the Jacuzzi at the walk through because one of tenants was in a hurry. It was working last time I check. I'm remote to the property and couldn't show them how to operate the Jacuzzi so I sent the pool guy to explain to them. It turned out the pool guy was not familiar with the set up either. 

Few days ago, I got a call from new tenant and demanded me to fix the Jacuzzi and few minor issues with pool saying the pool feature is one of main reasons they rented house.

My question to the community: 

1. Can I take the position that pool and the Jacuzzi is added amenities and landlord has the sole discretion repair and maintenance.

2. If tenants do not agree with above mentioned position, and fix the repair and later deduct that from the rent, what's the best approach to this? Deduct from security deposit?  

FYI... tenants signed standard California 1 years lease agreement with swimming pool addendum. 

Thanks for your feedback. 

Casey  

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Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
10y

Put yourself in the tenants shoes.  Treat them as you would want to be treated...if you rented a property with a pool and hot tub and anticipated enjoying them as a feature of the property. In my eyes, it is no different than renting a 2 bath unit only to find later that only one bath was functional.  Is having one bath a danger to health and well being?  No, just inconvenient.  I would feel cheated, nonetheless.  So, read your lease and addendum and next contemplate whether you want to be in the landlord business or slumlord business. (Little harsh). Or maybe just "do I want a turnover in a year or a rental with happy campers wanting to stay a while?

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  • Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    10y

    Put yourself in the tenants shoes.  Treat them as you would want to be treated...if you rented a property with a pool and hot tub and anticipated enjoying them as a feature of the property. In my eyes, it is no different than renting a 2 bath unit only to find later that only one bath was functional.  Is having one bath a danger to health and well being?  No, just inconvenient.  I would feel cheated, nonetheless.  So, read your lease and addendum and next contemplate whether you want to be in the landlord business or slumlord business. (Little harsh). Or maybe just "do I want a turnover in a year or a rental with happy campers wanting to stay a while?

  • Real Estate Professional · Sacramento, CA · Member since 2016 · 9 posts · 2 votes
    10y

    The pool and spa is just like any other appliance in the house it is to be in working order. When renting with a pool the cost of rent should be factored in therefor fix the pool and spa or lower the rent. If you don't want the hassle of a pool fill it in next time,cost for that is going to be 3-8 thousand. 

  • Flipper · Elmhurst, IL · Member since 2011 · 96 posts · 23 votes
    10y

    @Marian, @Karen, thanks for your comments. 

  • Dylan VargasPro Member
    Rental Property Investor · Chico, CA · Member since 2016 · 625 posts · 336 votes
    10y

    @KC Zhang.....This is what gives landlords bad names. Who in their right mind would rent a house with a pool in California and not expect to use the pool? Not many. For Gods sake fix the pool and fast. Do you want happy tenants or tenants that know you will not repair things and therefore not give a crap about your property. Sorry to be harsh but my 2 cents.

  • IA · Member since 2015 · 304 posts · 152 votes
    10y

    If you don't fix it, you're going to have a ticked off tenant who won't respect you or your property.

  • Investor · brentwood, CA · Member since 2016 · 1k+ posts · 730 votes
    10y

    What does the swimming pool addendum specifically provide for?

    I would assume unless otherwise specifically addressed in writing that the tenant can expect all property to be in good working order.

    This is one of the reasons I avoid these types of "amenities" - an unnecessary item that lurks out there with some rather ominous and potentially expense repair expense implications (not to mention legal liability issues). I'm sure all these issues can be adequately dealt with, but its a little more than I care to concern myself with particularly from a far distance. 

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    10y
    Originally posted by @KC Zhang:

    1. Can I take the position that pool and the Jacuzzi is added amenities and landlord has the sole discretion repair and maintenance.

    [...]. 

    Thanks for your feedback. 

    Casey  

    Well the short answer is you rented a house with a pool and a jacuzzi, and the tenant has a right to expect them to work such that they may have reasonable enjoyment of the property. The long answer is that pools and jacuzzis are costly amenities prone to repair and are not an ideal feature in rental properties. I would not use a house with these things as a rental property because of the expense and the potential liability. But you did and now you are stuck with them. You can't back out of the deal and say that you never intended to repair them when they break down. That simply is not reasonable.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    10y

    I agree with everyone above.  It was there when they rented it with the assumption of it all being in working order.

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