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Patty47

Tenants rights

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I live in government subsidies housing and we rented here because it has a pool. The management closes the pool whenever they feel like it. Not for maintenance but for punishment.Is that legal?

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There is nothing in the lease except the pool rules. A few unruly tenants have broke the rules but we the rest of the tenants don't feel we should be punished  because of a few bad ones.They need to revoke their pool privileges. Thank you for your feedback.

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My take: The lease is written with pool rules. That means your contract includes the use of the pool. Prohibiting the use of the pool is the landlord's breach of contract.

 

Contact the Arizona Tenants Advocates. See if you can get some help.

 

http://www.arizonatenants.com/

 

Please keep all your discussion to this thread. Your other one will be deleted as a duplicate.

 

 

 

 

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Based on the information provided, I completely disagree that the landlord breaches the contract by the occasional closure of the pool.  Even if the closure were permanent, I doubt it would rise to a breach of contract.

 

Feel free to move if you don't like it.

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4 hours ago, pg1067 said:

Based on the information provided, I completely disagree that the landlord breaches the contract by the occasional closure of the pool.  Even if the closure were permanent, I doubt it would rise to a breach of contract.

 

Tenant induced to rent the place because of the presence and permitted use of the pool. The use of the pool undoubtedly calculated in the amount of rent charged. Tenant now cannot use a feature of his rental unit that he bargained for. That's breach of contract to me.

 

4 hours ago, pg1067 said:

Feel free to move if you don't like it.

 

Agree.

 

Then use landlord's breach as a cause of action for the recovery of a potentially wrongful retaining of the security deposit or as a defense against an action brought by the landlord for the tenant's alleged breach.

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While tenants can surely sue for specific performance of an express or implied contract provision, I'd check landlord-tenant infoba available (incl relevant court) about a lower level tenant assertion-complaint process.

 

If rent is subsidized, perhaps relevant  housibg authority might help.

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