Profile picture for NCRenter

Should advertised amenities of a rental property be in working order before they're advertised?

A rental home I'm interested in was advertised as having a hot tub. After my rental application was approved, I asked the leasing agent to confirm that the hot tub worked. The day I went in to sign my lease (and on the VERY last page) was a note from the owner indicating the hot tub hadn't been turned on in 2 or 3 years and it would be up to me to get it repaired if I wanted to use it. The agreement is also worded in such a way that if the hot tub breaks (for any reason), I have to pay to fix it. Shouldn't it already be in working order if it was an advertised feature of the home? It would be like advertising a garage, then finding out the garage door doesn't work and being told if I get it fixed I can use it. This seems like misrepresentation. The hot tub was one of the reasons I chose this home over others in the area.
Should the owner be required to repair the hot tub before I move in since it was an advertised feature of the house?

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June 17 2012 - Clayton
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Answers (4)

You are right, the landlord should have advertised it as 'as is' or not working or should not have mentioned it at all. By advertising it, he/she is inferring its working and part of the pro's of the property. If it came through a rental company, that company needed to make sure it was in working order.......in my opinion.
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June 18 2012
Profile picture for NCRenter
Thanks for your reply Steve. I did stop the process until this can be resolved. I'm waiting to hear what the owner's response is.
I believe part of the responsibility falls on the leasing agent, since his company advertised the home.
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June 17 2012
Profile picture for wetdawgs
If advertised as an amenity, it should be in working condition.

It is reasonable for you to have to maintain/repair the hot tub if in working order when you move in (and have it in working order when you leave).

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June 17 2012
At first glance it does seem that the landlord acted in bad faith. If the hot tub was not in operating condition, this should have been disclosed to you. It appears that it was disclosed, but only at the last minute. Your best bet would have been to pause the process at the point that the disclosure was made to determine the appropriate course of action and perhaps renegotiate terms. However, if the disclosure was made and you elected to proceed anyway by signing the lease, your options may be limited at this time. If you feel that you have been treated unfairly, you may wish to consult the guidance of an attorney.
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June 17 2012
 
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