questions & answers

Question: In May, I moved into a 12 unit complex in Scottsdale with a pool. The pool was green & the landlord told me it was being emptied, retiled, and filled & would be closed for a couple weeks. I am about to pay August's rent and the pool is still out of commission. It was emptied and two workers came one day to chip away the tiling. Nothing has been done since. What rights do I have as a tenant to start deduct rent or demanding repairs? The pool was a driving force in my renting & it's making a terrible for a terribly frustrating AZ summer. What do I tell my landlord??

Answer: The Rights and Responsibilities of a Landlord and Tenant are largely governed by the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1301 to A.R.S. § 33-1381). While a pool is considered an amenity, it is unlikely that you could withhold rent in its entirety because the pool has been out of commission during the summer. However, it is possible that you could negotiate a concession with the landlord for a portion of the rent because you have not had access to all of the amenities you initially bargained for (ie. use of the pool). You should be aware that you cannot unilaterally withhold any portion of the rent because of the pool issue. Withholding any portion of the rent, without an agreement with the landlord, would put you in violation of A.R.S. § 33-1368(B). You should review the terms of your lease agreement to determine if there is a provision regarding access to the pool. If there is a provision specifically granting access to the pool, you may have the ability to send written notice of noncompliance with the rental agreement to the landlord pursuant to A.R.S. § 33-1361. You are strongly urged to seek the assistance of an Arizona licensed attorney should you wish to pursue this course of action. This information is intended to be used as information only, and is not intended to be construed or interpreted as legal advice.