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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42828
Experience:  Texas Attorney for 30 years dealing in real estate
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We were not afforded a tour of the house prior to signing

Customer Question

We were not afforded a tour of the house prior to signing lease. A problem with previous tenant kept us out of house. The house has a pool. After moving in it was discovered the pool heater was not working and a request to repair was submitted. Examination of the pool heater showed it had not worked for some time, months or years since it was working (it was rusted and top caved in). The landlord nor property management did not tell us the pool heater was not functional prior to moving in or signing the lease. Now the landlord refuses to fix it. Pool temp today was 64 degrees. We have not been able to use pool since we moved in mid December. When looking at rental options, we chose this property because it had a pool. We are required to maintain insurance on the pool by the lease but can not use it due to the landlord's deception of a dysfunctional pool heater. Do we have any legal options to correct the problem? Should I retain a lawyer?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You may want to retain a lawyer here to claim breach of lease.You were mislead that landlord would maintain the property and they are refusing to do so.The poll was marketed to you as having a heater and that landlord would also maintain it.You would demand to end the lease and return of deposit.You may also have a claim hre for reduced value since you have been unable to use the pool because of this for several months.

You raise several very valid issues here that landlord has breached the lease and not complied with the terms of the contract.The next step is a letter from local lawyer demanding they fix it immediately to cure breach of lease or release you from the terms of the lease and compensate you for reduced value and their breach of the terms of lease.Florida law permits such damage claims and suits for breach of contract here.

I appreciate the chance to help you today.Thanks again.

Customer: replied 1 year ago.
Thank you
Expert:  Ray replied 1 year ago.

Reference for breach of contract.

http://www.legalmatch.com/law-library/article/types-of-damages-available-for-breach-of-contract.html

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Thanks again and good luck here.

Expert:  Ray replied 1 year ago.

If you can positive rate it is always much appreciated..Take care.

Customer: replied 1 year ago.
Should I spend the money to install the pool heater and then recoup via breach of contract? Wasting pool use time if I wait.
Expert:  Ray replied 1 year ago.

You could install the pool heater and sue for the cost here in small claims.

Expert:  Ray replied 1 year ago.

A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest, and attorneys' fees. Forms that have been approved for statewide use are located within the Florida Small Claims Rules.