Legal Question in Landlord & Tenant Law in California
I am a landlord in California. My tenant installed an above ground pool and trampoline in the back yard of my single family rental without permission. The back yard is not fenced in. If I allow the pool to stay what must I do to protect myself as much as possible from liability? Am I required to fence in the yard? Fence the yard in addition to installing a safety fence around the pool with self latching gates? Having proper GFI outdoor plugs installed? Where does it end?
1 Answer from Attorneys
I cannot recommend strongly enough that you make them remove it, and do it yourself if they don't. Backyard pools are what is known as an attractive nuisance. There is virtually no way you can escape liability if a third party is hurt or drowns. Ditto for the trampoline. You may also be voiding your own insurance by having them on the premises unless you get an insurance rider, but that will then almost certainly require you to install fencing, GFI, and all the rest.
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