1

I live in a large apartment complex, aprox 300 units.

They advertise pictures of a pool and a gym on their website and they told us they would be available in 2 weeks.

After 9 months all 3 pools remain closed. Children Played in the parking lot all summer. We called the office probably 10 times over the last 9 months asking when the pools would be open and every time they said about "2 weeks"

After reading google reviews it's clear the amenities have been closed for over 2 years and the owners have no intention of opening them. Is there anything i can do? I feel lied to and there are hundreds of families that moved here with kids hoping they would be able to provide them a better life, everyone feels swindled. They still have the big picture of the pool advertised on their website it's the first thing you see on their web page.

  • 1
    Which jurisdiction are you in? – Paul Johnson Nov 19 '18 at 9:33
  • I think that you need to get together with the rest of the tenants, form a formal association, and jointly seek legal advice. – Paul Johnson Nov 19 '18 at 13:55
1

You feel deceived, but is there any specific clause on your contract that states the landlord must provide a swimming pool?

If not, then you are merely a victim of false advertising. In most jurisdictions, advertisements are not considered contracts. The service provider has no legal obligation to provide the same product and/or service in the ad. Lying is not an offense as well.

You may be able to get some assistant by complaining their deceptive business strategy to some customer service council in your area.

If it is stated in the lease contract, then you can claim the landlord violates "clause (xxx).(yyy)".

  • The lease has a page about pool and some of the basic rules for use (no alcohol, loud music etc). There is a single sentence that says "the pools may be closed from time to time for regular maintence," Or something to that affect. But the wording is definitely "from time to time" not "all the time" – Helplessrtenant Nov 19 '18 at 9:17
  • 1
    @Helplessrtenant those are rules for using the pool. Is there a clause that specifically says a pool would be provided? E.g. same clause as in "landlord is responsible for providing internet / electricity / water". – kevin Nov 19 '18 at 9:20
  • The page with the rules is the only place it's mentioned. I don't have the lease right in front of me but it definitely says at the beginning "we are pleased to offer three swimming pools for you to use to relax" or something along those lines. It definitely says there is a pool for tenants. – Helplessrtenant Nov 19 '18 at 9:22
  • But along the lines of "landlord is responsible for x about pools" i dont think it says anything. So false advertising isn't a crime anymore huh? – Helplessrtenant Nov 19 '18 at 9:25
0

If I was in your situation, I would consider taking this to a small claims court and sue for damages. It is very likely the rental contract was written such that the landlord does not have to provide amenities, so going through a more formal process will likely be unsuccessful.

However, small claims court is sort of a DIY solution to the court system and the burden of proof tends to be a bit more lenient. The clause you state, in the comments, suggest a pool would be provided as do the advertisements. Will this be enough to convince a lenient small claims judge the the validity of your claim? Maybe. It is worth a shot especially because the cost to bring a case before a small claims court tends to be pretty small.

Also if are willing to settle for a reasonable sum, say $600 or so, the apartment complex may be willing to settle. You should not expect to win the entire cost of the rental, as you were only denied use to a small portion of the facilities. You were, presumably, not denied the ability to sleep in your bed each night.

Please be aware that your thoughts and your case need to be well organized, much more so than the way this question was asked and the comments. You can use the internet to help you prepare you case and be prepared with documentation and photographs. Also, in some jurisdictions, it might be easy to win a small claims verdict, but almost impossible to collect. In such a case you are better off not even bothering and just count this as a bad rental decision. They happen.

Be sure to leave accurate and unemotional reviews of the complex if you do not successfully bring a suit.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.