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Do ... |
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| i am about to get the family house for $1 and this house needs major repairs - i want to do over the electric, kitchen, basement - are there any type of loans out there for me, since there will be no ... |
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Tara B | Can a Landlord tell a tenant that they can not put up an above ground pool even if it has a locking fence? |
My landlord threatens to evict people if they put up a fenced in pool for their family. I want to put up a 24'x4' pool and have a fence for it with a locking gate. There is no written lease saying I can't but she has told everyone in person. |
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Silent Bob
 |
Yes they have the right, they own the property and subquently are liable for any injuries that could occur there and could be sued by anyone who may drown or become injured. Without a lease she is on a month to month and the landlord can give her 30 days to get out no excuses. |
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Landlord
|
The lease might not say you can't raise goats in the backyard, but that does not mean that you can.
A pool, of any kind, requires huge insurance coverage in rental property. If you are willing to put the the 200 more a month she will need she might agree....that and a replacement of the landscaping.
You do not have the right to install whatever you wish upon the landlords property without their consent.
If you want to do as you please, without the consideration of others, you should buy your own property, far in the country, away from other people. |
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Samantha
|
Yes, your the landlord, your the one with the rules.
Think about your title.. Landlord. Lord of the Land.
lol :) |
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wenwyn76
 |
Yes. Putting in a above ground pool will "damage" the property.
And you have to look at it from her persective. When you move out can she be sure that you will remove the pool and if you do will you replace the dead grass where the pool once stood?
If you don't remove it she will have to. She will wonder if when you move out will she find that it hasn't been used or cleaned in over a year and there is a dead squirrel that's been in it for months? Or will she have to take care of it until she finds another tenent who is willing to deal with it? This is not to say that you won't be a responsible pool owner but as a landlord you always have to protect your investment.
Personally if I was renting a house I would never choose one with a pool in the back. I don't like to swim and don't want to be bothered with it. So she also has to look at the fact that the pool left in the back yard could run of potential replacements when you move. |
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the_one_true_dave_anderson
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The landlord owns the property. The property owner has every right to forbid the addition of a pool. |
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Othniel
|
Yes, the landlord can restrict pools and trampolines to name a couple of things just for insurance purposes alone.
On top of that there are other issues such as property damage and tenants who leave unwanted furniture and above ground pools behind when they move. |
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thomas p
|
Think the landlord is acting in a reasonable fashion under the facts as you outline them. The landlord would be a defendant in a wrongful death action. In fact, the landlord would have to buy liabillity insurance on your pool. Sorry; but I really think the landlord is on solid ground here. |
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eddie
|
She owns the land
the pool will kill the grass
she can be responsible if some one
drowns
that makes it her call |
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estielmo
 |
Yes they can. It is considered a permanent alteration. |
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mexi_fry_1
|
Im sure it has to do with liability issues.
You do not OWN the place so if something happened it would all come crashing down on the landlord.
Have some respect for her. If you want to do whatever you want then you should buy a house instead of renting/leasing! |
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Weimaraner Mom
 |
yes, it's his house his rules. sorry |
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serenitysmojica1
|
in the end its their property and they have the final say. if they say no you have to respect that. maybe they dont wnt the liability that comes from it. or do you pay your own water? if not chances are they dont want to pay for your fun in the sun. there are alot of rules that come with a pool not to mention it ruins the dirt and grass underneath it. and it takes a while for that patch to become appealing again. |
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Doctor Deth
 |
any liability would fall on the homeowner, not the tenant - you aren't the one paying the homeowner's insurance (which I'm sure would increase with the addition of a pool) |
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David Beasley
|
Think about the liability. If someone drowns (God forbid), who has the deeper pockets to get sued? Your renter's insurance, the landlords homeowner's insurance and the landlord personally.
If you rented out a house that had NO pool, and your landlord insurance does not cover an above ground pool, you would tell your tenant no as well.
I imagine that the landlord will write it into his/her next lease.
Best of luck! |
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Bill K
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Yes. The landlord owns the property. Not you. The landlord can tell you to paint the outside of your house green with purple poke a dots and you would have to. |
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ddorrer
|
The lease is a contract for use of the house, and land in which it stands unless specifically written otherwise. The tenant then has a right to the quite enjoyment of said property IAW state law.
A LL must specify the terms of the contract in writing. They can not dictate how a tenant behaves or lives on said property unless it is in the lease. They can call the PD if said behavior is illegal or disturbing...but that is another issue all together.
Therefore, a LL cannot tell a tenant they can not have a pool on rented property unless it is a term of the lease.
That said, your LL can opt not to renew your lease, or "find" a reason to evict you for violating another term of the lease.
Liability is another issue. You are creating a liability by erecting a pool. You will need insurance to protect yourself.
LL's insurance company may force LL to either remove the pool or get a new insurance company, however, the "pool removal" is between you the the LL, not you and the LL's insurance company. The LL is therefore caught between his insurance company and his contract with you.
Any damage, in terms of "dead grass," can be recovered by the security deposit. However, the grass can grow back before tenant moves and therefore no damage to claim. |
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chrisnoscrub047
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She told everyone in person prior to signing the lease agreement or post-signing the lease agreement? I think it may make a difference. Were it before, I would be surprised that, were the lease well-written, there wouldn't be a clause that said any alterations to the property need to be approved my landlord. However, considering that an above ground pool is no permanent I don't see the problem. Courts like to be reasonable. Is there any reasons that are viable, from the landlord's perspective, that make it justifiable for her not to want an above ground pool on her property? If not, I would say you have a good case. If she does have good reasons, then even if its not in the lease, or what the landlord tells to people pre-lease signing shouldn't matter. |
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kelly
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Because it makes the taxes goes up this is why and if some one gets hurt she can be sued |
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ElectrikMonkey
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essentially there is no reason why you cant, however at the end of the day the landlord owns the property and it is theirs to do with as they wish, including deciding who lives there. however if you were to say you sort legal advice, regardless of whether you actually have, it is possible they will allow you to put it up in order to avoid a 'supposed' court case :P |
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100% Organic Snarkâ„¢
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If you have no written lease, she can make up any rule she wants -- it's HER property.
If you have renter's insurance, tell her it covers any liability and she won't be held responsible if someone drowns in it. |
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