Can I waive my liability as a landlord regarding a swimming pool for a single home?

I have a property with a swimming pool. I will lease it. What should I have the tenant sign to save my self from the swimming pool liability. If I have the tenant sign that he is itotally responsible for maintaining the pool and complying with the city code and the tenant or residents or guests oer whoever swims will swim at his/her own risk that the tenant is totally liable to any problems that may occurs like injuries or death. will this clause covers me from liability and will it stand in court? The rent is cheap, so can I ask the tenant to install a fence around the pool?

Asked on July 21, 2012 under Real Estate Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In theory I guess that you could try to do so but in reality I would think that any one that is injured as a result of being in or around the pool is going to sue you as the home owner as well as teh tenant.  You are the "deep pocket" and ultimately if the injury was as a result of say slippery type of tiles installed, the finger will point to you.  As for the fence, if this is part of your local ordiances or code I would not leave it to the tenant to install. Please speak with ana ttorney in your area.  Do NOT write this clause yourself.  Require the tenant to have separate insurance and to add you as an additional insured on the policy as well.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.