Keep non-functional hot tub in rental 'as-is' and let tenant fix and maintain it?

Question

Okay folks,

Finishing up remodeling a property to keep as a rental.  It has a non-working hot tub in the deck surrounded by a 6 foot fence that needs a bit of repair.  My plan was to cover up the hot tub permanently.  Removing it and redoing the hole in the deck would mean more $$$ than I wanted to put into the property.

Good news is the property manager has found someone to rent it, and they are asking if we could leave the hot tub 'as is', would be willing to sign a release of liability as well as proof of insurance.

The risk adverse, hard working person in me says "no, just seal the thing off even if it takes half a day".

The lazy person in me says "If it is their liability, then I am done."

I may have just answered this question.  It is wired by two functional 30amp breakers in the breaker box as well as another cut off switch that has another fuse that appears to be missing.  So I have no idea of the state of the wiring, although it is an 80's construction (the house) and the hot tub appears to be wired to code.

I can't imagine that any liability waiver would protect me if the tenant decided he was going to try to get the thing working and there was an accident--like electrocution.

Based on some knowledgable sounding posters here on BP who remove ceiling fans, garbage disposals and dishwashers, I am thinking I am not going to find many folks that would think this is a good idea.

-Erik

Mike Barry · Answer

what did you end up doing here Erik never got a final decision post

Tom Davis · Answer

Add fire, un-licensed/un-permitted electrical work and code violations to your list of worries.

If your tenant wires up the tub without using a licensed electrician, the work will probably not meet electrical code requirements. The codes concerning water connected to 220V that people climb into are pretty specific.

If the tub burns up and/or the house burns down, their insurance and your insurance may not cover the damage if the tub was not properly wired.

If you agree, in writing, to allow the tenant to repair or modify the tub and/or the wiring you are effectively putting your own head in the proverbial noose.

I work on a lot of tubs at long-term and short-term vacation rentals. I always advise owners and managers to consult with an attorney who specializes in premises liability and landlord-tenant law.

If you keep the tub, you should have specific clauses written into the rental agreement as an addendum.

You absolutely must provide the tenant an owner's manual because the first five or six pages are full of all the legal warnings that keep the tub manufacturer out of lawsuits (Consult a physician before use, Don't consume alcohol, Don't use alone, No unsupervised children, etc.)

Bottom line: If it needs work, have it done by a licensed, bonded and insured electrician and/or spa technician.

(Otherwise, get it off the property. Even if you tell the tenant not to use it, an injury attorney could argue 'attractive nuisance' if the tenant disregards your instructions and chooses to repair and use the tub.)

Mike H. · Answer

I'm going to play devil's advocate a bit.

If you're getting a waiver and getting proof of insurance, I say leave it. The tenant wants it and if he can get the thing working, you've got another selling feature for the unit in the future.

However, I think you should still add it to your insurance anyway just so you're covered. That way, even if the tenant or some guest does something stupid, you've got insurance that covers it.

I'm all for trying to protect myself and I do take things out to avoid risk - even if they're working fine (garbage disposal).  But in this case, I just don't see it being that big of a risk if you add the thing to your insurance AND you have a waiver from the tenant. I think that should more than cover you.

If it doesn't, then you would pretty much have to remove everything that exists in a house in order to prevent yourself from being "at risk". Stairs would be an absolute no-no.

Suzie B. · Answer

I think too it's nice landlord vs. save yourself the liability.  If you come across too nice that can be a problem too.

I think you answered your own question.  I too would get rid of it.

Pat L. · Answer

ditto

Randy F. · Answer

Seems the only justifications for leaving it are...

... Being a nice guy (with exposure to liability as your reward)

Or

... Its a high end property with maintenance and repair of said tub factored into high end numbers.

Thats about as short and sweet as I have in me!

Ryan B. · Answer

I will make it short and sweet:  get rid of it.