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A Landlord’s Guide to Swimming Pool Maintenance and Liability

9/18/2019

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​Pools require a surprising amount of maintenance, so if a pool is part of your rental property, it’s important to know who’s in charge of maintenance.
It’s not just about whether the pool looks good, it’s about hygiene and safety. Landlords should consider these issues carefully before handing over the keys. Our agency welcomes the opportunity to review your current insurance and point out possible gaps in coverage.
What Can Go Wrong?
A poorly maintained pool creates liabilities for the landlord and can make the property on which it’s located a less desirable place to live. It can affect children, neighbors, and renters alike.
Liability Issues
A landlord renting a property with a swimming pool can potentially be liable for any death or injury that results from people using the pool. Landlords have a duty to keep their properties safe for habitation, and if an accident happens, a court can hold a landlord negligent for failing to rectify a known dangerous condition, such as slippery decking material or a broken fence. 
This doesn’t mean the landlord is responsible for every accident that happens around a pool. Renters can also be negligent if they fail to keep the fence locked and the pool deck clear of obstructions, especially if the landlord has provided them with a safety brochure, which is a must-do. The landlord is probably responsible, however, if all the following conditions are met:
  • He fails to make a necessary repair within a reasonable amount of time, and the repair is not unreasonably expensive.
  • The accident is a direct result of the failure to make the repair.
  • The accident was foreseeable.

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