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Posted by Laura Rossi on March 30, 1999 at 16:06:49:

I own a condo in Florida with an expensive in-ground jacuzzi hot tub. Prior to leasing my condo, I had it inspected and made any necessary repairs so as to give it to tenant in good working order. A pool man deemed the spa to be in 100% working order. A clause is in the lease, and has always beeen in the lease, that tenant received spa in this condition and agrees to maintain it properly. Additionally, she was given the spa company,s name and phone number and simple instructions to maintain it. It has been a rental property for approximately 12 years and I have never had anyone not take reasonable care with it until now.(I live 800 miles away.) This tenant failed to keep water in it and it popped out of the ground causing numerous problems resulting in $2,000.00 in damages to restore it to useable condition. She maintains that it is an "appliance " and she is not responsible. I maintain that a separate paragraph relating to the initial condition and continued care of the spa is in her lease that she signed, therefore it is her responsibility. Two pool companies stated that the spa popped up because she did not keep water in it. A full spa can not possibly pop out. She said it rained very hard and lifted up. A structural engineer was hired prior to its insatllation in 1986 and a complete drainage system was installed because the property is lakefront and I have always been prudent with my properties. (The tenant is unaware that this system is in place) I plan to seek damages in this case. Do you think I have a solid case for collection? Thank you very much for your reply.

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: I own a condo in Florida with an expensive in-ground jacuzzi hot tub.  Prior to leasing my condo, I had it inspected and made any necessary repairs so as to give it to tenant in good working order. A pool man deemed the spa to be in 100% working order. A clause is in the lease, and has always beeen in the lease, that tenant received spa in this condition and agrees to maintain it properly.  Additionally, she was given the spa company,s name and phone number and simple instructions to maintain it. It has been a rental property for approximately 12 years and I have never had anyone not take reasonable care with it until now.(I live 800 miles away.)  This tenant failed to keep water in it and it popped out of the ground causing numerous problems resulting in $2,000.00 in damages to restore it to useable condition. She maintains that it is an "appliance " and she is not responsible.  I maintain that a separate paragraph relating to the initial condition and continued care of the spa is in her lease that she signed, therefore it is her responsibility.  Two pool companies stated that the spa popped up because she did not keep water in it. A full spa can not possibly pop out. She said it rained very hard and lifted up. A structural engineer was hired prior to its insatllation in 1986 and a complete drainage system was installed because the property is lakefront and I have always been prudent with my properties. (The tenant is unaware that this system is in place)  I plan to seek damages in this case. Do you think I have a solid case for collection?  Thank you very much for your reply. 


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