Pool problems

[jenrobinson1970]

We are mid-lease on a rental of a single family home with a pool. The pool motor is old and has just given-out. Our landlord is "undecided" about if she wants to have it replaced. We understand that the lack of a pool does not make the house uninhabitable, but we would like to know if we have any rights under CA law to either have the pool fixed or to warrant a reduction in rent. We are concerned that if the pool remains broken it will have to be drained and will cause a severe hazard for our two small children. Thus, we prefer to have it fixed rather than a rent reduction.

Thank you for any advice.

 

[Gail_in_Georgia]

Why is a drained pool any less dangerous to small children than a filled pool?

Have you discussed a pool cover or a fence around the pool area for safety purposes?

Gail

 

[jenrobinson1970]

The children can swim well if they fall into a filled pool. They can't sustain a head injury if they fall into a cement hole in the ground. Yes, we've discussed both, but you must drill into the cement ground for a secure fence or cover and the landlord won't allow us to do so. We weren't concerned about it with the pool full, again because they swim well. We also have a pool alarm in case they fall into the water and hit their heads.

I just am wondering if it's a breach of contract for the property's pool to not work. The lease (and the amount of rent we're paying) indicates that the rental is for a house with a pool. While it does not say "a functioning pool", I believe a reasonable person can conclude that the pool should function.

Thanks again for any help that can be provided.

Jennifer