Legal Question in Landlord & Tenant Law in California

Did you memorialize any of these items in the lease, the move-in inspection or anywhere else? If you did not, then the only item you may be able to get some traction on is the fence. If the pool was built before the requirement that GFCIs be installed, and equipment has not been replaced since then, the pool could still be 100% in compliance with the applicable building code. The building code which applies to the pool is the one in effect at the time the pool was constructed. They are only required to bring it up to current code when equipment gets replaced. They do not have to ensure that the pool is up to code every single year as the code changes. Technically, the same is true with the fence, though you can check with the local building department as some cities enacted an ordinance that requires pool fences whenever the property is leased or rented irrespective of whether they were required at the time the pool was constructed. If the landlord is not violating code, then yes they may be negligent not having these protections in place, but it is probably not a violation of the lease which would allow you to unilaterally terminate the lease agreement.

You need to consult with a local real estate attorney to go over more facts than provided here. There could well be a lot more to this, but without going through all the facts, it is not really possible to provide a solid opinion.

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