Pools and Trampolines

[Michelle Fenn]

This is  the year of the pool and trampoline.   With Covid 19 causing the public pools and kiddie parks to be closed this year and an abnormally hot summer we have had an explosion of renters that have purchased pools and trampolines for the kids to play on this summer.   They are excluded by our lease agreement, fall and drowning liabilities as well as the huge bump on water/sewer bills that are often paid by the owner.  

Yesterday I had a new twist on the request to remove the pool or trampoline.  The tenant told me it was on city property, vacant lot adjacent to the rental and I had no right to tell her to remove it.    I contacted the local councilman to get him a heads up on the fall and drowning hazard on the unfenced  city property.    He got back to me and informed me that the adjacent properties were owned by the State of Ohio and a private entity called Life Change Institute.    (Addition recovery services)  The tenant also accused me a harassment and threatened to call her attorney, because I informed her that they were in violation of her lease and needed to be removed. 

In Cleveland our newly elected housing court judge grew up in public housing and has arranged for the legal aid society to provide free legal council to tenants with landlord issues.   How are other property managers and owners handling the liability and cost issues.    Anyone one had any success in removing tenants that will not comply.  

[Greg M.]

First off, any tenant that threatens a lawyer gets non-renewed.

There is an easy response when getting threatened with a lawyer. "Please have your attorney contact me ASAP so that I may provide them the contact information for my attorney and the two of them can discuss the legalities of this issue." Want to guess how many times I've actually had an attorney contact me? 

The fact that the pool and trampoline are on the adjacent property does not absolve you of liability. Do a search for "liability of landlord for tenant using adjacent property" and you will see many cases where the landlord was held liable for the tenants actions because the landlord knew of the actions and didn't take steps to remedy them. 

Send her the legal requirement (3 day cure or quit or whatever it is in your area) to fix the problem and notice that if not fixed an eviction will be filed.