A broken pool heater has escalated into a heated legal battle, as a couple renting a high-end home in White Plains filed a $154,000 lawsuit against the property owner over unresolved pool problems.
Sara and Aaron Kaplan, the tenants, allege that Taylor Howard, a Plano, Texas resident, failed to uphold the terms of their lease, according to a complaint filed in Westchester Supreme Court.
Broken Pool Heater Center of $154,000 Lawsuit
“The promise of a heated outdoor pool was particularly important to the Kaplans’ decision to execute the lease agreement and move into the property,” the complaint asserts. “Without the amenity, the Kaplans never would have agreed to lease the property at all, let alone for $11,500 a month.”
Howard’s attorney, John A. Sarcone III, told reporters the claims is baseless. “My client complied with what was required to be corrected,” Sarcone stated via email. “This lawsuit is frivolous.”
A Rental Agreement Gone Awry
The dispute centers on a classic brick colonial home located on Rosedale Avenue near Maple Moor Golf Course. The property features five bedrooms and four baths and was purchased by Howard in 2018 for $1.2 million. Today, its estimated value exceeds $2 million, according to Zillow.
The Kaplans entered a 13-month lease beginning June 1, 2023, but claim that numerous issues were apparent from the start. Among their complaints were a broken pool heater, damaged walls, chipped paint, broken closets, missing door and window screens, and a rusted backyard swing set.
The Kaplans assert that Howard and his property management company promised immediate repairs to the pool, which was central to their decision to rent the home. However, by September 2023, the heating system for the pool was still not operational, prompting the couple to withhold rent payments.
Legal Claims and Counterclaims
The couple filed a lawsuit against Howard in November 2023, seeking $34,000 for the loss of the pool’s use during the summer and $100,000 to cover relocation costs to another property with a functional pool.
In response, Howard countersued for unpaid rent in White Plains City Court. Both parties reached a settlement in January 2024, where Judge John P. Collins Jr. issued an eviction warrant but delayed its enforcement until after the lease expired in July. As part of the agreement, the Kaplans paid $57,500 in back rent, and Howard agreed to address several repairs.
Renewed Allegations and Mounting Frustrations
The Kaplans now contend that many of the promised repairs were never completed and argue that the pool, a key feature of their lease, remained unusable throughout their tenancy. According to their complaint, the pool later developed leaks, became unsanitary, and even housed dead rodents for weeks.
“Time has made clear that defendants never intended to fulfill their lease agreement or settlement agreement obligations,” the complaint alleges.
The Kaplans are demanding $154,000 in damages for breach of contract.
A Heated Defense
Sarcone, Howard’s attorney, maintains that the current lawsuit rehashes settled claims. He emphasized that the previous lawsuits were dismissed with prejudice, barring the Kaplans from making the same claims again.
“They mask the same claims with allegations almost a year later that my client did not comply with the terms of the stipulation from the City Court,” Sarcone stated.
He further criticized the latest filing, saying, “My client shall also seek sanctions for frivolous conduct,” accusing the Kaplans of reviving allegations they had already agreed to drop after “getting their proverbial asses handed to them for breach of the lease agreement.”
The legal battle now hinges on whether the Kaplans’ new allegations represent distinct grievances or an impermissible attempt to revisit resolved disputes.
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