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

[Erik Kubec]

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