If the pool was not in usable condition at move in; it should not be considered the new tenant's responsibility to make it so unless otherwise stated.
The expectation when moving in to a rental is that all the facilities provided by the landlord are usable.
The pool was told that its use was at our own risk. I had assumed that meant that LL wouldn't be liable for someone getting hurt/drowning or any maintenance associated with keeping the pool running.
Last summer I got an estimate of $1000 to "open" the pool plus an additional $800 to landscape the pool area that had been let go. I decided to do the landscaping myself. My wife and I then decided against opening the pool for different reasons with the primary reason that it wasn't going to be cost effective.
Even if we opened the pool there was no guarantee from the LL that any of the parts such as the filter even worked. The LL only told us that "it worked fine 2 years ago".
So here is the final draft of the letter. I printed it out and I am taking it to the bank to be notarized today. Its then going out certified mail along with April's rent check.
Mr. LL,
After speaking with the police, the branch manager at Citibank in xxx, real estate agents and to my attorney, they have all agreed that I am under no obligation to pay you again for Marchs rent. You admitted to having the check in your possession, signing it with your name and account number. I have provided you all the information I have after spending countless hours at the bank and on the phone.
I cannot sign an affidavit of forgery because I have zero evidence that a case of forgery exists. I will not sign a document when on that document it states that making any false statements is a crime. If you have evidence that a forgery exists then you need to fill out the form and contact your local authorities. I have spoken with my local police department and they said I cannot fill out any paperwork because no crime has been committed between either of us.
As per section 11 in our lease agreement, after Aprils rent check all future rent checks will be put in an escrow account until you make the necessary repairs to the house. Those repairs include: repairing the backyard area and seeding the lawn where the cesspool was fixed. Fixing the pool cover so that it no longer sags allowing stagnant water to collect on top of it. Repairing the broken window in the master bedroom. A request to fix those items were given to you as far back as November 2011 and have still not been fixed.
We also will not require any further deliveries of oil. Any future deliveries by xxx Fuel Oil company will be denied. If the tank is filled by xxx when we are not home then it will be your responsibility to make payment. There is nothing in our lease that states we are required to continue your contract with xxx Fuel Oil company. As of right now the tank of 550 gallons is full. According to section 33 in our lease agreement, you will be responsible for every gallon at a rate of $4.00 per gallon.
I am also returning the check you sent, drawn on Chase, for your portion of the oil bill since it is not in the correct amount. The COD rate on March 5, 2012 was $3.759. You were billed $4.199. That is a difference of $0.44 per gallon. Since we are splitting that amount your total amount owed is $0.22 x 200 = $44.00 + $10.50 (tax) = $54.50. This total is due no later than April 2, 2012.
This letter is to inform you of the current status of requested repairs and protocol for future communications. If you would like to discuss any of these issues further please contact my attorney.
Thank you,
TJ