Swimming Pool - a liability?
Hi this is my first post, and im sure glad i found this web site! Lots of reading to do..
My question:
I have a friend who is planning on leasing out her home. She has an above ground swimming pool, and is located in the high desert area of Los Angeles Co. (Over 100 degrees in the summers).
We were wondering what her liability would be to leave the pool in place. Is it possible (and legal) to have the new tenant sign a contract which relieves the landlord of any and all liabiltiies relating to the pool?
The above ground pool is surrounded by a large wood deck, so there definitely would be some costs in removing it.
thanks for any and all advice
--rob
I know there are certian laws in CA that pertain to Pools and the way they are fenced in.
I have seen different language for different situations on apartment rental agreements. It may be worth getting a few samples from some local landlords.
It may also help to consult an attorney for the full extent of the law. Some people would probably be happy to sign a waiver, but you should make sure that the waiver will hold up in court should anything happen. Unfotunately, if someone wants to sue, they will usually find a way, no matter what the contract language says.
If it is an inground pool, the only way to get rid of it is to fill it in with earth or concrete, and that will probably too expensive. Above ground maybe easier taken care of.
Hope that helps.[ Edited by beacon on Date 12/01/2002 ]
As long as the pool meets all codes and she has language that the tennents are solely responsible for its upkeep (be specific as to in accordance with CA codes...) and she has renters and liabilty insurance she should be covered but, I would still discuss with a lawyer.
I AM NOT A LEGAL ADVISOR BUT I THINK THAT THE POOL NEEDS A FENCE OR SOMETHING...TO MAKE THINGS OFFICIAL
IT GETS STICKY BETTER ASK A PERSONAL INJURY LAWYER...
GOOD LUCK ...
SHAYSHAY