Should I let my tenant have an above ground pool?

Should I be concerned about liability if my tenant puts up an above ground pool?

Asked on June 10, 2009 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you should. Pools are often viewed as "attractive nuisances," which means that they tend to attract people--in this case, neighborhood kids--who then are exposed to the risks (e.g. drowning) they present. That's why if you let you tenant put in a pool:

1) you need to make sure he also puts in a fence--in some jurisdictions it's required, and even when not required, if you don't have a fence, you can count on losing any lawsuits brought by parents if their children are harmed in the pool

2) you will have to disclose the pool to your insurer and at a minimum will have to pay higher rates because there is more liability. They may also choose to drop you, in which case would need to find new insurance.

3) it's your property, so if there is injury, you will be responsible. You will need to make sure you have adequate insurance, and should consider upping your coverage.

As you can see, there are considerable costs and risks, and if you do let your tenant install the pool, you might consider passing some of these costs on to him/her.


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