Legal Question: trampoline in backyard of rental property

General Landlording & Rental Properties
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Legal Question: trampoline in backyard of rental property

Catherine Brennan
Investor · Chicago, IL · Member since 2016 · 42 posts · 6 votes

Good Afternoon - seeking advice about the following:

I drove-by my rental property and saw there's now a trampoline in the backyard.  I read through our lease again and tenants are required to get permission/authorization to install items like this which tenants didn't; and there is a sentence in our lease that we are not liable for any issues with these additions.  

Anything else I should do to protect ourselves?  They've been good tenants so far.

Thank you, in advance, for your help.

Catherine

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Walt Dockery
Investor · Winter Park, FL · Member since 2017 · 171 posts · 165 votes
9y

Call your homeowners insurance and see what they say. They might give you an easy reason to have the tenants remove it. "Sorry, my homeowners insurance does not allow it". 

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  • Ray Harrell
    Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    9y

    Tell them it's a liability and have them remove it.

    1Reply
  • Account Closed
    Investor · Logan, UT · Member since 2013 · 21 posts · 7 votes
    9y

    I wouldn't have thought it was a big deal until I Googled trampoline statistics....guess they are quite dangerous.

    More than 1 million people went to emergency departments for trampoline-related injuries between 2002 and 2011, with nearly 300,000 of those injuries involving broken bones, according to a new study.

    And these injuries don’t come cheap — the Journal of Pediatric Orthopaedics studyshowed that the total emergency department expenses for them was $1 billion, and more than $400 million for fractures specifically.

    What you really care about is making sure that they are taking the risk so just create a lease addendum that gives them permission and makes them assume liability.  Everyone wins and you don't feel like a jerk for taking a trampoline away from kids.

    1Reply
  • Walt Dockery
    Investor · Winter Park, FL · Member since 2017 · 171 posts · 165 votes
    9y

    Call your homeowners insurance and see what they say. They might give you an easy reason to have the tenants remove it. "Sorry, my homeowners insurance does not allow it". 

    3Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Catherine Brennan I dont know any insurance company that is OK with trampolines. YES the insurance company can be the bad guy for once!

    [email protected]407-448-6679Podcast Guest on Show The Key to Scoring Discounted Deals in One of America’s Hottest Markets
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    1Reply
  • Jeff Bridges
    Investor · Hyattsville, MD · Member since 2012 · 822 posts · 441 votes
    9y

    Don't call the insurance company to verify if they allow trampolines (that's asking for a premium increase). Assume they don't like them and will raise your premiums if you allow them or didnt report you had one and there was an injury on your property. I would notify your tenant that it is a lease violation and not permitted by your insurance company and have it uninstalled immediately. I always get asked if there are trampolines on my property when getting a new policy, so expect that it will be a factor in your premium and or is just not covered. People injured on your property will go after the biggest source of money, the landlord... don't give them more ways for them to do that..

    0Reply
  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    9y

    I'm a huge killjoy in my leases, lol.  I specifically state "no trampolines" and no "pools of any kind, even kiddie pools".  Although very unlikely, babies and toddlers can still drown in just a few inches of water if left unattended.

    Your tenants need to get rid of that trampoline, asap.  They are a huge liability.  It really doesn't matter what they sign or agree to.  That won't stop them from potentially levying a $100K lawsuit on you, if their child breaks an arm or leg on it.

    I was under contract for a property that already had tenants and a trampoline in the open front yard.  I'm sure all the kids on the block played on it (shudder).  My PA included a line in it that the trampoline would need to be removed by closing.  I turned down the deal after the inspection, so it was a mute point anyway.  But I wasn't going to own a property for even one day with an "everybody come and play on it" trampoline!

    1Reply
  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    9y

    Ditto what Jeff bridges said

    0Reply
  • Walt Dockery
    Investor · Winter Park, FL · Member since 2017 · 171 posts · 165 votes
    9y
    Originally posted by @Jeff Bridges:

    Don't call the insurance company to verify if they allow trampolines (that's asking for a premium increase). Assume they don't like them and will raise your premiums if you allow them or didnt report you had one and there was an injury on your property. I would notify your tenant that it is a lease violation and not permitted by your insurance company and have it uninstalled immediately. I always get asked if there are trampolines on my property when getting a new policy, so expect that it will be a factor in your premium and or is just not covered. People injured on your property will go after the biggest source of money, the landlord... don't give them more ways for them to do that..

    I've heard people say in general "don't call your insurance company and ask about x, they'll raise your rates!"  I've never understood that and I have always had an independent agent I can run things by without fear they will raise rates just for asking the question, if I ever felt otherwise I would find a different insurance company and/or agent. 

    That's not to say it may not be easiest to simply tell the tenant insurance won't allow it (which is very likely the case) and was sort of implied in my post, but I think it's ludicrous to be afraid to ask the the question. 

    1Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Ditto  must be removed.. 

    0Reply
  • Kathleen Leary
    Princeton, KS · Member since 2014 · 357 posts · 169 votes
    9y

    And if somebody decides to jump on it when the tenants aren't home? And gets hurt? And decides to sue YOU? 

    This state (check your local statutes!) allows the landlord to issue a "Perform or Vacate" notice:

    "This notice is used when a tenant has violated a provision of the lease, giving the tenant 14 days to cure the violation, or 30 days to vacate the premises."

    After 30 days, eviction proceedings can begin. 

    Did you agree to let them have a trampoline? No? Then either it goes - or they do.

    1Reply
  • Catherine Brennan
    OP
    Investor · Chicago, IL · Member since 2016 · 42 posts · 6 votes
    9y

    Thank you to everyone who responded!  Your advice in combination with advice from our insurance broker and real estate attorney helped us reach the conclusion that the trampoline needed to come down.  Tenants are disappointed, but seem to understand.  Thank you, again.

    1Reply
  • Dee Peters
    Member since 2020 · 1 post · 2 votes
    6y

    We just moved onto our house 2 months ago.  There is nothing in the lease regarding trampolines.  We  bought and put up a trampoline.  He said it has to do or his insurance company would drop him.  We took it down.  We secured a renters insurance that included trampolines and even small pools.  We let him know that we secured this policy and would assume all responsibility.  He has been a bully about several other issues and is now saying no trampoline on his property even though we took care of the only reason he has for us not to have one.  I know it's his property but its covered but do we have any say?  We are surrounded by 3 other properties, though not his, that all have trampolines.

    2Reply
  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y
    Originally posted by @Dee Peters:

    We just moved onto our house 2 months ago.  There is nothing in the lease regarding trampolines.  We  bought and put up a trampoline.  He said it has to do or his insurance company would drop him.  We took it down.  We secured a renters insurance that included trampolines and even small pools.  We let him know that we secured this policy and would assume all responsibility.  He has been a bully about several other issues and is now saying no trampoline on his property even though we took care of the only reason he has for us not to have one.  I know it's his property but its covered but do we have any say?  We are surrounded by 3 other properties, though not his, that all have trampolines.

    I understand your frustration.  The problem is that your insurance policy may cover you, but it won't cover the landlord, too, and if someone's kid breaks their neck on your trampoline, they're going to sue you and the landlord.  They'll go for the "bigger pockets," which means the person with the most money.  They'll say the landlord was negligent for letting you have it, blah blah.  

    Here's an article by a lawyer explaining it, and offering their services to sue a homeowner if your kid got hurt on a trampoline:

    https://www.beasleyfirm.com/blog/2012/september/when-are-homeowners-legally-responsible-for-tram/

    0Reply
  • Mykel Isaac
    Member since 2023 · 1 post · 0 votes
    3y

    Okay I have a question so if I'm at a mobile home park I'm at least for a year and it says nothing about a trampoline in my yard can they switch the rules and say that there's not supposed to be a trampoline there without it being on the lease and that now they want me to remove it

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    3y

    @Mykel Isaac yes, they can. I would also check your insurance to see if it would even be covered. I had my insurance canceled over a trampoline that was being removed. 

    0Reply
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