Trampolines and Swimming Pools and Insurance, Oh My!

Trampolines and Swimming Pools and Insurance, Oh My!

Rental Property Investor · Houston County, GA · Member since 2018 · 10 posts · 0 votes

We recently closed on a rental property with an existing tenant.  The insurance company just sent notice that they will cancel the policy due to a trampoline next to the house unless we sign a trampoline liability exclusion form.  The trampoline is on a vacant lot next to our property (the lot is not ours but is maintained by a neighbor).  I am still confirming details with property management and the insurance agent on what options we have as we do not want to sign away any liability coverage.  Even though it is not on our property the insurance company refuses to reinstate with out the trampoline removed or a liability waiver signed.  The property manager said the tenants stated they "cannot take it down" and asked if they could get coverage through renter's insurance.  I do believe the trampoline is the tenants' (awaiting confirmation).

Overall my goal is to:

1. Add some sort of clause to the lease addressing a) no trampoline or above ground pools allowed or b) if such a thing is present, owners are not liable and any liability is to be covered by the renter's insurance policy with coverage limits of $X.

2. Have the renters get renter's insurance to cover any trampoline related incidences (or any other injuries?)

3. Avoid liability risk.  If we can't be adequately covered by the renter's insurance and the trampoline absolutely needs to go, the tenants can go with it.  I need to review the current lease to see if/how they can be evicted for noncompliance of this safety request.

There was one other helpful thread from 3 years ago but with limited info, so I wanted to reach out to the BP community to see what updated thoughts/experience/advice there may be on this situation.  Thanks!

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Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
6y
Originally posted by @Elaine Lam:

We recently closed on a rental property with an existing tenant.  The insurance company just sent notice that they will cancel the policy due to a trampoline next to the house unless we sign a trampoline liability exclusion form.  The trampoline is on a vacant lot next to our property (the lot is not ours but is maintained by a neighbor).  I am still confirming details with property management and the insurance agent on what options we have as we do not want to sign away any liability coverage.  Even though it is not on our property the insurance company refuses to reinstate with out the trampoline removed or a liability waiver signed.  The property manager said the tenants stated they "cannot take it down" and asked if they could get coverage through renter's insurance.  I do believe the trampoline is the tenants' (awaiting confirmation).

Overall my goal is to:

1. Add some sort of clause to the lease addressing a) no trampoline or above ground pools allowed or b) if such a thing is present, owners are not liable and any liability is to be covered by the renter's insurance policy with coverage limits of $X.

2. Have the renters get renter's insurance to cover any trampoline related incidences (or any other injuries?)

3. Avoid liability risk.  If we can't be adequately covered by the renter's insurance and the trampoline absolutely needs to go, the tenants can go with it.  I need to review the current lease to see if/how they can be evicted for noncompliance of this safety request.

There was one other helpful thread from 3 years ago but with limited info, so I wanted to reach out to the BP community to see what updated thoughts/experience/advice there may be on this situation.  Thanks!

 Yes you should have a no trampoline and no pool clause in your lease. That handles things going forward. As for this specific situation have you explained to the insurance company that the trampoline is not on your property? I'd imagine the insurance inspector didn't realize that. 

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  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    6y

    Nothing you can do just Tell them to get it out of there or it’s going to torn down at their expense . I bet they will figure it out real quick . Why come up with some elaborate scheme ? Just tell the tenant it must go ! Not rocket surgery

  • Rental Property Investor · Houston County, GA · Member since 2018 · 10 posts · 0 votes
    6y

    @Dennis M. Simple, short and sweet.  Thanks.  The other stuff is more for future prevention for our portfolio.

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    6y

    Your post gave me a walk down memory lane.  I was considering purchasing a duplex from a wholesaler and there was a trampoline in the unfenced front yard.  For the first showing, I watched while random kids from neighboring houses just sauntered over and played on it.  Talk about a liability nightmare!  I told the wholesaler in no uncertain terms that the trampoline would need to be a gone-pecan before closing.  I would not own that property for even one minute with a trampoline on it.  Verbally agreed to it, though I would have gotten it in writing if it had come to that.

    But, after the inspection, I was no longer interested in the property anyway.

    That is a weird twist on your situation that the trampoline isn't even on your property.  It's easier if it belongs to your tenants but, if it doesn't, yikes!  Maybe contact whomever owns the lot, explain the liability nightmare they have going on, and get permission from them to remove it.

  • Chris MasonPro Member
    Moderator
    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    6y
    Originally posted by @Dennis M.:

    Nothing you can do just Tell them to get it out of there or it’s going to torn down at their expense . I bet they will figure it out real quick . Why come up with some elaborate scheme ? Just tell the tenant it must go ! Not rocket surgery

     Rocket surgery? :P

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    6y
    Originally posted by @Elaine Lam:

    We recently closed on a rental property with an existing tenant.  The insurance company just sent notice that they will cancel the policy due to a trampoline next to the house unless we sign a trampoline liability exclusion form.  The trampoline is on a vacant lot next to our property (the lot is not ours but is maintained by a neighbor).  I am still confirming details with property management and the insurance agent on what options we have as we do not want to sign away any liability coverage.  Even though it is not on our property the insurance company refuses to reinstate with out the trampoline removed or a liability waiver signed.  The property manager said the tenants stated they "cannot take it down" and asked if they could get coverage through renter's insurance.  I do believe the trampoline is the tenants' (awaiting confirmation).

    Overall my goal is to:

    1. Add some sort of clause to the lease addressing a) no trampoline or above ground pools allowed or b) if such a thing is present, owners are not liable and any liability is to be covered by the renter's insurance policy with coverage limits of $X.

    2. Have the renters get renter's insurance to cover any trampoline related incidences (or any other injuries?)

    3. Avoid liability risk.  If we can't be adequately covered by the renter's insurance and the trampoline absolutely needs to go, the tenants can go with it.  I need to review the current lease to see if/how they can be evicted for noncompliance of this safety request.

    There was one other helpful thread from 3 years ago but with limited info, so I wanted to reach out to the BP community to see what updated thoughts/experience/advice there may be on this situation.  Thanks!

     Yes you should have a no trampoline and no pool clause in your lease. That handles things going forward. As for this specific situation have you explained to the insurance company that the trampoline is not on your property? I'd imagine the insurance inspector didn't realize that. 

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    6y

    Whose lot is it?   If the lot belongs to someone it is their liability.  If it is town property notify the town right away. They will likely take action.   

    Is there a fence? Would that help the insurance situation?   In any case if it belongs to the tenant and they want to keep it, they need to move...

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    6y

    What @James Wise said.  How can you be liable for something on someone else's property?  I know insurance companies are dredging new depths to avoid paying claims, but that's a new one to me.

    Here are the lease clauses I have:

    (e) No wading or swimming pools of any kind may be used, set up or operated on the Premises. No water-filled furniture is permitted without our written permission. Keeping aquaria greater than 20 gallons requires our written permission.

    (m) No trampolines or similar apparatus may be set up or used on the Premises, nor any item which causes a suspension or cancellation of our insurance coverage or an increase in insurance premiums.

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