If we are renting a house with a pool, what can we do to minimize our liability?

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If we are renting a house with a pool, what can we do to minimize our liability?

We have a house which we wish to rent. House has a pool in the back with a screened porch. No pool fence. House has a fence around it. We’ve been told our house is too old to insure by a few companies already. Were worried about renting the house with the pool and incurring liability if something happens to a tenant or visitor while in the property. We’re trying to draft a rental agreement contract but are very concerned about the liability of renting a house with the pool.

Asked on November 23, 2011 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

You need to go to see an insurance broker in your area.  The house is not "too old to insure" and I have never heard of such a thing.  I could be wrong but I do not think so.  Now, you may have to pay a lot more for insurance but that is a very different story.  When you go and speak with the insurance broker ask what type of precautions you can put around the pool to protect yourselves.  I would guess that a separate fence around the pool is a good idea as a start but I do not know the lay out here of the property so I do not know if that is feasible.  As for the lease, PLEASE DO NOT DRAFT THAT YOURSELVES, especially with this concern.  Speak with an attorney about this and ask about adding a clause for renters liability insurance.  If you do it right once then you will have the lease as a draft for future renters.  Good luck.


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