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Updated over 8 years ago, 07/07/2016
So, I Stop By One of My Rentals Today and...
...They have installed an above-ground pool!!
Not only that, but the pool is built on a wooden platform.
Not only that, but they have covered the ENTIRE yard in Astroturf!
Not only that, but the gait was OPEN!!
I am certain that this is a lease violation, and will double check that later today.
They have actually been excellent tenants. What do you all suggest?
Here in the desert Southwest I only wish my tenants would put in Astroturf, but I understand that in your area that is not desirable. They definitely need to make sure the gate is secured, that would put you in danger of liability!
Well the only polite thing to do is to bring your own towel and possibly a gift for the host.
This is kind of funny although im sorry to say. I would imagine this is a violation of your lease. you should defiantly have a clause in there that says the tenant cant make cosmetic or structural changes to the property. if you don't have that, I suggest you put that in.
worst case scenario, you call your insurance and tell them you now have a pool and increase your coverage, maybe increase their rent to offset the cost of additional risk. I don't know about where you are but in NYC a pool costs like 10K and adds value to the home. so try to look at the positive, they increased the value of your home for free. Although not ideal for a rental property, it may make your property more marketable and command a higher rent.
is it one of those big pools that are just a think lining that you take down in the winter and is not permanent? maybe they just have it temporary and built a little free standing deck for it that can be removed when the tenant leaves. if that's the case then I would just call insurance and get it approved. then increase their rent to offset the cost of your insutrance premium.
My lease says no "trampolines or swimming pools. Only children's wading pools of no more than 6-inches"
"My insurance won't allow these items" is what you tell the tenants
There should be a no alterations or improvements clause in your lease. There may also be something about Tenant not creating any conditions that would raise or risk your insurance policy. If so, send the proper notice required by landlord/tenant laws stating how long they have to remedy the situation. At a minimum, even if your insurance says they'll cover it, I'd require them to provide a huge renter's liability policy with you listed as additional insured, at their expense.
I had the same exact thing happen to me last year with new tenants that had only been in the property for 30 days. I explained to them that #1 you need a permit in that city to have a pool and #2 my insurance will not cover it and #3 they did not ask permission. They insisted on arguing with me on all 3 points they wanted to be right, I gave them 30 day notice to leave and kept their security deposit, I do not need the liability nor do i need tenants who wish to argue over simple things.
Thanks all. I reviewed my lease, and it specifically states no pools are allowed. It is a full size above ground pool.
I will have to check with my insurance company. I like the idea of requiring the tenant to get their own liability policy for the pool. I also have to check with the township regarding any permits.
Interestingly, a neighbor of their's also has a pool, with no fence at all! Wonder if they are someone's tenants too?
I try to put the fear of God into people at lease signing about what they can and cannot do. Not that they listen. Or they act like they do and then think they will get away with it anyway I guess.
Originally posted by @Scott Weaner:
Thanks all. I reviewed my lease, and it specifically states no pools are allowed. It is a full size above ground pool.
I will have to check with my insurance company. I like the idea of requiring the tenant to get their own liability policy for the pool. I also have to check with the township regarding any permits.
Interestingly, a neighbor of their's also has a pool, with no fence at all! Wonder if they are someone's tenants too?
Wait a minute, in one breath you say the lease prohibits pools, in the next you say you like the idea of having them take out liability insurance. This may be a stopgap measure but I have news - laws vary from one jurisdiction to another but in general tenants are straw men, they have little to no assets, while injury lawyers see landlords as owners of property that is worth going after in court. If something bad happens a plaintiff is not going to recover from your tenants, they are going to go after you. You need to enforce your lease: no pools. If the tenant can't live without a pool then they need to go along with the pool. You need to be very careful about this.
@Stephen E. I understand. I just wonder if there is a win-win scenario here.
I agree whole heartedly with Stephen E. on enforcing the lease terms. If someone gets hurt, the attorney will be going after the person with the deeper pockets (that's you). Think of it this way. You are in court and the judge says, Mr. Landlord, let me see if I understand this properly. Your lease states no pools and you looked the other way and didn't enforce your lease? There is nothing you can say at that point to defend yourself.
I just had this exact same problem crop up as I was driving by one of my rentals 2 weeks ago. The pool was down in less than 24 hours and I blamed it on my insurance company.
Originally posted by @Scott Weaner:
@Stephen E. I understand. I just wonder if there is a win-win scenario here.
I understand you want to be nice, and you don't really want to deal with this. I don't blame you.
But, these guys knew there was a no pool clause in your lease. Don't believe them when they say they never noticed it or forgot. I would bet you that they even dug out the lease, saw the clause, and decided deliberately to go with the "easier to get forgiveness than permission" angle.
You are not a bad guy for saying they have to go along with the terms they agreed to.
And if your lease says they had to maintain the yard, unless that included killing it completely with astro-turf, that is also a major violation.
These guys "used to be" great tenants. You found out they aren't great tenants. Great tenants not only pay their rent on time, but they also follow the terms in a contract that they agreed to.
Go about it in whatever way you want to. My approach with tenants was to be nice, but firm. "I know you'd love to keep the pool, but the lease specifically says you can't have one, and you agreed to the lease."
They'll want to argue every point. You could just do the broken record - it's in the lease and you agreed to it. I know you don't like it, but here's your notice to get rid of it immediately.
Another thing that kind of turns their victim angle around, is to say "I really wish you hadn't put me in this position." "But, it has to go."
You could go into the fact that your insurance company forbids them. But, I'd also say that another reason you don't allow them is because they ruin a yard. Which brings up the fact that you are also in violation of your agreement to maintain the yard. Astroturf kills lawns. It will have to go, too, and you'll have to get the yard back to the way it was.
If it gets way too ugly and you just want to get rid of them, you could always offer to let them out of their lease, but they'll have to agree to pay for the recreation of your yard, and the immediate removal of the pool.
I just want to be sure you are clear on this point - these are not good tenants. So don't bend on anything based on your idea that they are good tenants, or have been good tenants. Because they are not good tenants. They have been wrecking your property while you have been thinking they were good tenants.
Good tenant definition:
adheres to the terms of the agreement they signed - all of them - without argument or attitude
doesn't try to pull a fast one over you, hoping you won't notice or care
um, oh yeah...and they pay on time.
Thank goodness, you did a drive-by before some kid drowned. Get that pool empty now! In fact, I think you should go over there and empty it yourself in the morning. I think this qualifies as an emergency. At least, that would be my argument. Let them sue. "Your honor, they had a pool against the terms of our agreement, with the gate wide open."
The legal term for it is an "attractive nuisance, " in case you want to sound like you already talked to a lawyer :-)
@Scott Weaner you probably see people argue about whether it is a good idea to have an LLC, which is to protect from a liability standpoint. I would always argue that limiting risk is much more effective than an LLC or even insurance. Pools are death traps. Some small child will walk in the open gate, climb up on the platform and fall in the pool and drown. Or some kid will dive head first and break their neck. They will sue you and no your insurance will not cover it. Why are you even considering or looking into this?
The pool adds no value. It is above ground which are the lesser expensive variety. It is designed to last a couple years then it will spring leaks. When they move out you will be left with a pool to rip out and dispose of.
I am trying to be direct here because you are about to make a huge mistake by allowing that pool to stay.
If the neighbor has a pool they can go ask to use their pool and become friends. Now the owner of that property has the risk.
You do not need a pool of any kind on your property.
Key is how many months out of the year is it hot where the property is located? The rental you own is it in a subdivision with amenities such as a pool?
If the subdivision has amenities they should be able to go there. Sometimes the HOA charges an additional fee to use the pool though. Your tenants may not like it but you have to enforce the legal provisions of the lease. If you do not follow what was agreed to an signed then a judge will not enforce on the tenant in court. If you know of a condition and do nothing it's as almost if you committed the action yourself when something goes wrong.
No legal advice given.
- Joel Owens
- Podcast Guest on Show #47
#2 General Landlording & Rental Properties Contributor
@Account Closed
I 100% agree. When a tenant violates a lease you act immediately to have the tenant correct the problem you do not try to find ways to compromise. A lease is not negotiable and a landlord that does not inforce their lease to the letter of the contract is a fool for even bothering to have a lease.
A tenant that breaks a lease is never a tenant worth having.
You have only two options. You tell them to remove everything and restore the lot back to it's original condition or you evict and take them to court for the cost to remove and restore. For the tenant the least expensive route is to remove and restore themselves.
This is the reason landlords must do regular inspections of their properties inside and out. You catch these items as they happen and charge the tenant at the time rather than waiting till move out to discover expenses that will not be covered by their deposits. If you find problems and bill tenants for repairs as you go along the deposit always stays in tact and will cover the costs at the end. Once a tenant leaves and you discover $10,000 in repair costs and only have a $1000 deposit it is too late.
You need to get rid of the pool and keep the tenants happy.
Verbally tell them you went to your insurance agent to look into cost of additional liability coverage due to the pool and now they will be dropping you in 30 days unless it's removed or a new expensive fence is installed. Let them know how good of tenants they are and that you want them to stay but you can't afford the fence. The pool has to go.
Then follow up with an email quoting policy language regarding their lease violation and set a deadline for removing the pool.
If you want a win win, increase your insurance and charge the tenant the rent to cover it. So if the insurance goes up $20/month, charge them $40/month more in rent.
The only viable alternative to that (that makes sense to me) is to tell them the lease says no pools and they have X days to remove it or you will hold them in violation (Then you can evict if you want).
With that being said, CHECK LOCAL LAWS AND ORDINANCES. Do what they say first if something you want to do is in violation.
Look into changing the insurance as others have stated. But the good news is it sounds like the renters are planning to stay a while....
#2 General Landlording & Rental Properties Contributor
It is never good news that bad tenants intend to stay. There is no way to view these tenants as anything other than bad and it is very clear from this situation that you have not had the last of your problems with them. Any tenant arrogant enough to install a pool on a someone elses property in violation of their lease is going to be a nightmare. Force them to remove and restore and hope they leave otherwise you will be back on here with more major issues in the future.
They are arrogant self entitled individuals that will continue to show you who is really in charge of your property if you allow them to stay.