Rentals in 95825>Question Details

Dave,  in Folsom, CA

As a landlord, are there specific clauses that should be incorporated if renting out a property with a pool?

Asked by Dave, Folsom, CA Thu Apr 8, 2010

Any feedback on specific clauses to incorporate in the rental agreement to avoid getting burned with unexpected costs or getting sued or taken to court that people can share???

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7
You carry a lot of risk in renting a home with a pool.

If you are renting your home you must notify your home owner insurer, to protect yourself and your tenants.

I am a landlord in Oregon, I would reccomend that you contact you local Renters Association and ask about help with these forms and contact your homeowners ins and make sure you inform them that you are renting your home. You want to protect yourself and your property.
0 votes Thank Flag Link Sat Apr 10, 2010
I wouldn't touch a property, as an investor, that has a pool. But if I did, I'd contact a good tenancy attorney, like the ones that are active with the Sacramento Housing Assoc. to write up the document. I predict that they will probably scare you out of renting out a home with a pool ....

I even worry when I have a home with a koi pond that I'm renting out...but that's me.
Web Reference: http://www.suearcher.com
0 votes Thank Flag Link Fri Apr 9, 2010
Hi Dave,
http://www.EZlandlord.com has a form called Pool/Hot Tub Addendum (Non-Community). You can sign up for a free trial and use the form. Other resources like CAA will require membership. Also the Swimming Pool Safety Act from CALIFORNIA HEALTH AND SAFETY CODE should be a good source of information for any homeowner with a pool - See PDF at: http://www.cityofkingsburg-ca.gov/vertical/Sites/%7B008CC35E…

Hope it helps ! Mary http://www.CitystarRealty5.com

** I'm not a lawyer and this is not legal advice. Please seek legal advice for all legal matters :)
Web Reference: http://CitystarRealty5.com
0 votes Thank Flag Link Fri Apr 9, 2010
I checked the EZlandlord.com and there's an excellent addendum for pools and hot tubs!. Thank you for the suggestion.
Flag Sun May 18, 2014
That sounds like it'll cover most of it.

I'm not a lawyer (there's that disclaimer again!), so this isn't legal advice. However, a lawyer might also suggest that you add something to the effect that tenants will take all steps necessary to ensure the safety of persons and pets by complying with all applicable laws and regulations regarding the pool.

You have a lot of stuff in there about the tenants being aware of the risks, and being responsible for any injuries. That's fine. But you also want them proactively work to prevent problems. For example, maybe there's some regulation saying the pool must be fenced with a locking gate. It's not enough to just say that they're aware of the risks. You want to say, in legalese, that they'll keep the fence and lock in operating condition and that they'll lock the gate when the pool isn't in use.

The pool is what lawyers call an "attractive nuisance." There are specific things that lawyers recommend in order to minimize the risks and liabilities of attractive nuisances.

Hope that helps.
0 votes Thank Flag Link Fri Apr 9, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Thanks for your answers Don, Erin, Liz.
I plan the following:
1. Have tenants buy renters insurance
2. Add the following to the rental agreement:
a. Tenant are responsible for the maintenance of the pool and the associated electrical and mechanical equipment.
b. The landlord is not responsible for any repairs to the pool.
c. Any repairs will be the financial responsibility of the tenants.
d. Tenants are aware of the risks of using the pool.
e. Tenants are aware and responsible for any injuries and any accidental drowning that might occur.

I believe that should cover it, but anything else???
0 votes Thank Flag Link Thu Apr 8, 2010
In addition to appropriate insurance (for both tenant and landlord), I'd require that the pool be properly serviced. Better yet, the landlord should arrange for the service, with the tenant responsible for the full cost of such service.

As far as appropriate insurance, I'd also suggest the landlord have a large umbrella policy. You can buy a $2 million policy for maybe $400 a year.
0 votes Thank Flag Link Thu Apr 8, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Hi Dave: Check with the Sacramento Valley Rental Housing Association. You can Google search it. They have all kinds of awesome forms the information you would need and could utilize to help you with this endeavor. Good luck.

Erin Phillips
Keller Williams Realty
916-580-2227
DRE 01474901
Certified Distressed Property Expert
Web Reference: http://SoldByErin.net
0 votes Thank Flag Link Thu Apr 8, 2010
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