Above ground pool on rental

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Above ground pool on rental

We rent a home recently put an above ground pool on the property. The owners, which we did not notify, are telling us we need to take it down for insurance liability purposes. We live in NC. There’s nothing in the lease stating we cannot put one up but is there a legitimate reason for liability issues because that’s what they’re telling us as to why it needs to come down

Asked on August 15, 2017 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Yes, there is a legitimate liabilty concern: pools greatly increase the homeowner's potential risk, due to drowning risk, both from the occupants and from nearby children or teens who may sneak in to use it (pools are considered "attractive nuisances" which draw in people to risky situations). The owner's insurance will not cover pool injuries unless he buys additional insurance for the pool and also fences it off, all at considerable cost.
2) You may live there, but it is NOT your property: you have no right to modify or change it, or install additional structures (e.g. a pool) on it without the owner's permission and consent. When you lease the home, you get the right to use and occupy (e.g reside in) it, but no more than that; you lease it in the consition and with the features it had and canot go about building on land which you do not own. 
So the owners have good reason to be concerned, and can require you to remove the pool.


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