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.
I even worry when I have a home with a koi pond that I'm renting out...but that's me.
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 :)
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.
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???
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.
Keller Williams Realty
Certified Distressed Property Expert