Legal Question in Real Estate Law in California

Re: Swimming Pool Fence Tenant Laws

Here is a copy of the Chula Vista city ordinance on swimming pool fencing.

http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/Development_Services_Center/documents/FORM4532.pdf

Re: Swimming Pool Fence Tenant Laws

Politely point out to the landlord that a)your signing a release does not under California law relieve him of any active neligence he might have [doing an act such as putting in the swimming pool and renting to a famiy with toddlers, versus an act of ommission], b) you can not legally sign away the right of one of your children and they can not legally be bound by a contract while they are minors, c)if one of your children does get injuried in the pool, unless he has very good insurance coverage [which means paying a high premium because of the pool--or has he not told the insurance company, in which case they will deny coverage] he will spend out of his own pocket a large amount for attorney fees to defend himself and it might cost him so much as to wipe him out. Putting up a fence is very cheap compared to the costs he could face; it is just a smart business decision.

Re: Swimming Pool Fence Tenant Laws

Mr. Stone is on top of this one; if you would like us to draft a notice letter to your landlord our tenant legal services offers representation for $150. This includes unlimited phone consultation.

Yours truly,

Bryan

619.400.4929

877.201.8728

As a convenience for our clients, we now accept credit card payments.

Re: Swimming Pool Fence Tenant Laws

So what happens if you do not sign it? Do they evict you based on not doing something they were apparently required to do before move-in?

If the roof was unsafe and not up to code, would they want you to pay for that and want you to waive liability for that also?

I can write a letter if you want me to. Email my office.

Best,

Daniel Bakondi, Esq.

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