Florida. I am a 'new' landlord of a single family home. The tenant put up an above ground swimming pool 12' x 4'high. The lease did not say anything about a swimming pool (because there wasn't one). Is this pool considered a perm. structure/fixture? I'm worried about the liability. It's not my pool, but its on my property. Can I have them sign some legal form that says they are liable for any accidents/injury/death? Will it hold up in court? As of now, our insurance does not include any provision for pool liability. Any help or point in the right direction would be greatly appreciated.
Yes you can have them sign a release. The release may be one that the insurance company can give you to cover your liabilty. If not then you must have your attorney draw one up for you. But, you are asking for trouble either way. Even with the signed release, you will still face legal battles should the tennant ever file a lawsuit against you. The legal costs will be high. You are better off giving yur tennant written notice to take down the pool within a prescribed time limit. If they don't, get them out. If they put up a pool without your permission in the first place. Chances are they are going to be trouble later down the road. Most form lease agreements, mention that all improvements made to the home become the landlords property. It also mentions that the tennant must get the landlords apporval before things can be done. Good Luck
Remove the pool....in insurance parlance...it is an "attractive" nuisance and a release from a tenant with no insurable interest in the property is worthless. Give tenant 5 days - in writing - to remove the pool or remove it yourself. The grass will die underneath and you will continue to have problems with dirt under the pool because of oversplash of chemicals.....Advise tenant not to make alterations to the property in future w/o your written permission.
Thanks for your advise. I did some research and there are city and county building codes to which above ground pools need permits for (for the pool and electric). Im sure the tenant did not get these permits, and the applications are lenthly and I'm sure aren't free. I will be sending the tenant a non-comliance letter stating that she has 7 days to provide city & county permits or remove the pool. Its funny how complicated a $200 pool from Walmart can get huh?
Any additional comments welcome
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