Should I let my tenant have an above ground pool?

UPDATED: Jun 10, 2009

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 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.

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.

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