Landlord/ Insurance Co. says no pool???

This is a discussion on Landlord/ Insurance Co. says no pool??? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; We set up an above ground (15' x 2.5') pool in the backyard of our rent house. We do NOT ...

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Old Jul 24th, 2008, 02:47 PM   #1
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Unhappy Landlord/ Insurance Co. says no pool???

We set up an above ground (15' x 2.5') pool in the backyard of our rent house. We do NOT have a fenced-in backyard. Insurance co. is telling our landlord we have to put up fence or take down pool. Is there any other way around this. We are willing to state in writing that we are fully responsible, should any accident occur, etc. Who can I get to help me with this? We live in a small town where the atty's. don't handle stuff like this. Thx!
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Old Jul 25th, 2008, 06:45 PM   #2
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Default Re: Landlord/ Insurance Co. says no pool???

Your statement is useless. If some child wandered into the yard and fell into the pool, climbed into the pool, and got injured in some way, the LL and his insurance company would still be responsible. The parents would sue the property owner regardless of your statement or any insurance policy you obtained.

Pools and trampolines are termed attractive nuisances. They attract small children and the childen are prone to becoming injured or killed on these items. For this reason, LLs and insurance companies only allow them behind locked fences. (Many states have laws that say you cannot have a pool without a 6' tall locked fence.) Without the fence, the liability is just too high and the insurance company will cancel the homeowner's insurance.

I, too, ban pools and trampolines. The only pool a tenant could have is a kiddie pool that is emptied after each use. That way there is no chance of any drowning. It may seem harsh, but 2 children climbed into a pool in the capital city here just 1 1/2 weeks ago. It was just your size. One died, one lived but may be brain damaged. They were only 3. Sorry, but no pools without a 6' tall locking fence.
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