Unpaid Rent then Expects Approval for a Pool

Member since 2018 · 25 posts · 3 votes

Help!!

I have sent out a letter of notice to move out because of unpaid rent, it’s been 3 days so I will start the eviction process now but I checked on the home and they are in the process of putting up an above ground pool, it was just bought on day 3 of the notice to move out... they are mad... what is their game plan? what should I do?

I never thought to put in no pools in the contract.

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Erik W.

Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes

Well, at least we know where your rent check went. Pool party!

Continue on with eviction, as others have stated. This is one of the unfortunate parts of the system: your tenants are already in breach of the lease, but until you get the official Writ of Possession from the court there's not much you can do.

For the future, fix your lease not to allow any attractive nuisances, including but not limited to pool, trampolines, playground equipment. Talk to your insurance carrier as they will have a long list of "no-nos" that create risk for you.

Also, I suggest finding a way to TAKE the rent vs. WAIT FOR the rent. ACH is offered by many banks. This is the same service people use to automatically pay reoccurring bills like utility bill, mortgage, internet, etc. But if not that then there are other ways to automatically pull the money from the account on the day it is due. Some online companies offer auto-draft for land lords. ClearNow is one, but there are many choices. Also, ask the business banking department at your financial institution what your options are. Become their first priority!

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Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
7y
Look through your contract. I'm sure you have a clause that states that tenant may not make any changes to the property. Unless this is a small inflatable pool, I would consider that a change to the property and call it a lease violation. If you don't have that clause, you may have another one that can be used to disallow this. Even if you don't, continue to follow through with the eviction process.
2 Reply
John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
7y
I have no pools or trampolines in my lease.
continue on with the eviction.
5 Reply
Jennifer Rysdam
Rental Property Investor · Cleveland, MN · Member since 2017 · 518 posts · 354 votes
7y
Do what you can to put a stop to it. That's a huge water bill, plus if they are required to move out they may just dump it in the yard and cause floods to the yard or house. Does your city have ordinances about pools? Ours doesn't allow a pool without a fence.
1 Reply
Erik W.
Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes
7y
Well, at least we know where your rent check went. Pool party!
Continue on with eviction, as others have stated. This is one of the unfortunate parts of the system: your tenants are already in breach of the lease, but until you get the official Writ of Possession from the court there's not much you can do.
For the future, fix your lease not to allow any attractive nuisances, including but not limited to pool, trampolines, playground equipment. Talk to your insurance carrier as they will have a long list of "no-nos" that create risk for you.
Also, I suggest finding a way to TAKE the rent vs. WAIT FOR the rent. ACH is offered by many banks. This is the same service people use to automatically pay reoccurring bills like utility bill, mortgage, internet, etc. But if not that then there are other ways to automatically pull the money from the account on the day it is due. Some online companies offer auto-draft for land lords. ClearNow is one, but there are many choices. Also, ask the business banking department at your financial institution what your options are. Become their first priority!
7 Reply
Mike McCarthy
Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
7y
Check your city/town ordinances. I’m sure they require a permit for any pool other than a kiddie pool. Reference the city ordinance in another letter and let them know that it’s illegal and must be removed by Friday.
Keep moving with the eviction.
1 Reply
Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
7y
Good advice above. @John Underwood is right on. My lease expressly forbids pools of any size.

Another thing you can do to mitigate this in the future is to disable all exterior hose bibs. I've put a ball valve inside the basement (which is locked and off limits to tenants) that I can turn on when I need exterior water, but it precludes tenants from washing their cars, having water fights, filling a pool, or just turning it on and letting it run because they are mad about something.
My lease also states that using water for the aforementioned reasons is prohibited. It is a local custom here for landlords to pay for water, and I have not built excessive water use into the rent rates.
4 Reply
Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
7y
So you know exactly what they spent the rent money on--splash.
2 Reply
Jaron WallingPro Member
Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
7y
"We're having a pool party this weekend!! Moving out after that!" - current tenant
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
7y
@Kelley Phan
What state is the property located in ? This will help you with some state specific information
Keep in mind that municipalities having the owner ultimately responsible for the water bill is mostly a "Northern" thing and is very rare here in the south
2 Reply
Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
Originally posted by @Greg H.:
@Kelley Phan
What state is the property located in ? This will help you with some state specific information
Keep in mind that municipalities having the owner ultimately responsible for the water bill is mostly a "Northern" thing and is very rare here in the south
and here in the west.. utls run with the tenant not the owner..

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Thomas Dougherty
Member since 2019 · 135 posts · 25 votes
7y
View the contract. I'm sure you have a provision that the tenant must not make any changes to the property. If you do not have this clause, you may have another clause that may be used to ban this clause. Unless this is a small inflatable pool, I would consider changing the property and calling it a breach of the lease.

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Jonathan W.
Los Angeles, CA · Member since 2019 · 512 posts · 301 votes
7y
@Kelley Phan they are mad? Lol.
0 Reply
Jabari Long
Real Estate Broker · Detroit, MI · Member since 2014 · 384 posts · 149 votes
7y
@Kelley Phan Continue with the eviction process. They pay or move that’s it!
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Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Erik Whiting
I like that idea a lot. Taking the rent instead of waiting for it is great advice! Thanks! I’m going to try to find incentives for an ACH!
0 Reply
Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Mike McCarthy
Thank you! Looks like there are rules that a pool has to follow. Thanks for the advice. They are taking down the pool now!
1 Reply
Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Wesley W.
This is great. I have wanted to do this, so this would be a legal action for landlords?
0 Reply
Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Jaron Walling right, they are insane!
1 Reply
Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Greg H. It is in Utah, I need to find out if it is legal to put a lock on the spigot. I am hoping to lock it.
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Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Jabari Long
That’s what I’m doing. They really need to go. They have become a headache to deal with all of a sudden.
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Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
7y
Originally posted by @Kelley Phan:
@Wesley W.
This is great. I have wanted to do this, so this would be a legal action for landlords?

Your property, your rules. Put it in your lease if you wish.
I'm not sure why it would not be legal in your area. As always, consult your attorney.

2 Reply
Charles Kao
Specialist · Grand Rapids, MI · Member since 2016 · 1k+ posts · 611 votes
7y
@Kelley Phan
Whoever is building that pool needs your permission to build. Get a hold of them and if it is them send a notice to them to stop. If they are only 3 days late they could be paying rent soon though. I have a tenant every month she is 5-10 days late and she still
pays us a 50 dollar fee so making an additional 600 a year so it is welcome.
1 Reply
Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
@Kelley Phan you can't lock off water to the house, but locking outside water is totally allowable. They actually make spigots that require a tool. It is pretty common on apartments and in commercial settings. If you are paying water, especially. Washing cars or filling pools will take lost of water.
The biggest concern with the pool is liability. It is very possible that your insurance would drop you if they found a pool over 24" or trampoline at your rental property. My lease prohibits both for this reason. Local laws often prohibit pools of certain sizes without proper fencing too.
Of course the problem here is that they prioritize buying a pool over paying rent. Typical of course. I see a tenant late on rent and there is pictures of them taking a cruise on Facebook. Or they have a brand new car. It is bad money management.
I would get rid of this tenant. The attitude they took with you tells me they are are and will continue to be trouble.
3 Reply
Account Closed
Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
7y
Originally posted by @Kelley Phan:
Help!!
I have sent out a letter of notice to move out because of unpaid rent, it’s been 3 days so I will start the eviction process now but I checked on the home and they are in the process of putting up an above ground pool, it was just bought on day 3 of the notice to move out... they are mad... what is their game plan? what should I do?
I never thought to put in no pools in the contract.
Expects approval? Don't approve it - duh. But you knew that.
Love the idea of changing out the water source, but they can get around that if their clever.
Serve every violation you can like yesterday. Then move forward with the eviction as soon as possible.
Or, buy some trunks and go have a dip!
My pool is a record 82 degrees - yee haw!

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Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Wesley W.
Will do!
0 Reply
Kelley Phan
OP
Member since 2018 · 25 posts · 3 votes
7y
@Charles Kao
That is a good point. I’m going to want to gage this after this week to see if they pay the full rent and late fees.
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