Advice regarding tenant

7 Replies

Good Evening fellow BP's!

This is my first time posting in a forum and I'm looking forward to your responses.

I have great tenants in a duplex, two siblings in A &B.  However, this summer I noticed the water bill increased by 50%.  This was rather unusual so I reached out to them and asked what had changed.  The informed me that they had purchased a above-ground pool.  I wasn't sure how to handle it at first, so I didn't say much.  Clearly they took that as approval.  Here we are two months later and I have started a conversation with them regarding the water bill, liability and property safety due to the pool.  

They have offered to transfer the water bill to their name for the rest of their tenancy and are willing to sign a liability waiver.  This sound too good to be true!  Am I missing anything?  Should I add anything else to the lease to ensure that they run any major changes by me first?

Thanks in advance?

Estela

@Estela H. - sounds like you have pretty good tenants who want to live there for a long time. Make sure you’re slowly increasing rent 3-5% annually.

Make a new Contract that says 1) you have option to keep or they have to remove pool at end and RE-grass. If possible add to security deposit for this
2) they pay water bill over X or they take over water bill split % of SF Ie 55% A 45% B.
3) they maintain liability insurance if anyone hurt/drowns in pool and you are named additional insured.
Remember you will be sued too if anyone drowns in the pool.

@Estela H. I would sure hate to have that liability of someone drowning hanging over my head . They can get all the insurance there is and if there’s a lawsuit your going to be plan B if they can’t get the money from your renters . You think because they agreed and signed a paper that this gets you off the hook ? It doesn’t . They went and took it upon themselves to get a pool without your blessing . I would have a serious problem with that . If it was me I would not take this laying down the way you are going about it . You trained your tenants that you are a pushover and next thing you know they will be breaking terms left and right because they saw and realize you’ll do whatever without a fight

Your local zoning may not allow the above ground pool or may require special fences and gates.  Find out before you get a violation notice.  The thing about violation notices is that they can result in requiring permits to remove the thing that was installed without permits.

Have them pay the water bill and put it in your lease that pools are not allowed without permission for next time. Make them sign the liability waiver but that will mean practically nothing if someone drowns so just make them pay any increase in your insurance bill because of the pool. 

Thanks Everyone!  Your responses were so incredibly helpful!  After reviewing the local regulation on pools, they have decided to take them down themselves.  Phew! 

I am a definitely adding this to my lease, And I will probably add a few other things to do such as trampolines and fire pits, etc.  Lol