Duringer-Legal Corner | December 14, 2010

Written by AACSC | 13 December 2010

A: The short answer is yes. There are several measures you can, and should, take to protect yourself. First and foremost, ensure that the pool and the gate/enclosure conform to all state and local codes and ordinances. The gate should be self-latching, and should be checked to ensure that it closes properly.

Review your insurance policy with your broker to ensure that your coverage is adequate; consider an umbrella policy as well. Your broker can counsel you on coverage limits; consider $3,000,000 as a minimum. Finally, you should include as part of your rental documents an addendum to the lease in which the tenant acknowledges the dangers of the pool, agrees to ensure that all gates are kept closed, and agrees to periodically verify that the self-latching gate functions properly.

Consider requiring that your tenants procure renters’ liability insurance as well.

These requirements should be a part of your rental policies for a property with a pool, regardless of whether or not your tenants have children.