• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

tenants installed pool!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

creep54

Junior Member
What is the name of your state (only U.S. law)? CT
My 87 year old father-in-law owns a 2 family house and lives upstairs. I live about an hour away. He is planning on moving soon and turning his reverse mortgage house back to the bank. He has rented the downstairs apartment to a series of bad tenants. He is also in frail health and exhibiting signs of dementia. The family feels that he is too old to be a landlord and he is on a waiting list for elderly housing in my town. His downstairs tenants recently installed an aboveground pool. They told him that they checked with the city and were told that they didn't need a permit for this type of pool. They referred to it as a "portable pool". It is 5' deep and 24' across with a ladder. They told him that they had adequate liability insurance although it is probably just renters insurance since the ultimate liability is with the homeowner. Renters insurance just covers the contents of their apartment. Anyway, he believed them. He thought that they were nice people and never checked their background, or required a lease or security deposit either. I was suspicious as my town does require permits for all pools except kiddy pools. They also require fencing, a lock and an alarm as well. I checked with his city Planning and Zoning Dept. as well as the Building Dept.and was told that no one from that property ever contacted them and that it sounded like it definitely needed a permit. I told them that we were concerned about liability and were afraid that a neighbor child could drown or the pool could burst and flood his neighbor's basement. It was just too much liability as well as being too close to the property line. I told the town to inspect it since we recently got durable P.O.A. They checked it out and declared it an illegal pool. I called the tenants and explained who I was and that I was acting in my father-in-law's behalf under P.O.A. and we had found out about the pool The tenant wife told me that she had spent a lot of money on the pool and that they had no intention of taking it down. I reminded her that she was on a month-to-month tenancy with no lease and that the pool had to go or she and her husband would have to leave. She said that they "were planning on pulling the permits" soon. I explained that you're supposed to do that before you put up the pool it and the pool was illegal and that she should have done her homework first. She hung up on me. I sent a certified letter demanding that the pool be removed. The next step is eviction. Do I have a right to remove the pool myself or hire a company to do it? My attorney says just evict them NOW but meanwhile, the town will be fining my father-in-law for the pool. They lied to him about not needing a permit and then lied to me about going to get the permit in the future. What a mess and what presumptious idiots!
 


ecmst12

Senior Member
Evict them now and hire a company to remove the pool. Include the cost when you sue them for damages.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CT
My 87 year old father-in-law owns a 2 family house and lives upstairs. I live about an hour away. He is planning on moving soon and turning his reverse mortgage house back to the bank. He has rented the downstairs apartment to a series of bad tenants. He is also in frail health and exhibiting signs of dementia. The family feels that he is too old to be a landlord and he is on a waiting list for elderly housing in my town. His downstairs tenants recently installed an aboveground pool. They told him that they checked with the city and were told that they didn't need a permit for this type of pool. They referred to it as a "portable pool". It is 5' deep and 24' across with a ladder. They told him that they had adequate liability insurance although it is probably just renters insurance since the ultimate liability is with the homeowner. Renters insurance just covers the contents of their apartment. Anyway, he believed them. He thought that they were nice people and never checked their background, or required a lease or security deposit either. I was suspicious as my town does require permits for all pools except kiddy pools. They also require fencing, a lock and an alarm as well. I checked with his city Planning and Zoning Dept. as well as the Building Dept.and was told that no one from that property ever contacted them and that it sounded like it definitely needed a permit. I told them that we were concerned about liability and were afraid that a neighbor child could drown or the pool could burst and flood his neighbor's basement. It was just too much liability as well as being too close to the property line. I told the town to inspect it since we recently got durable P.O.A. They checked it out and declared it an illegal pool. I called the tenants and explained who I was and that I was acting in my father-in-law's behalf under P.O.A. and we had found out about the pool The tenant wife told me that she had spent a lot of money on the pool and that they had no intention of taking it down. I reminded her that she was on a month-to-month tenancy with no lease and that the pool had to go or she and her husband would have to leave. She said that they "were planning on pulling the permits" soon. I explained that you're supposed to do that before you put up the pool it and the pool was illegal and that she should have done her homework first. She hung up on me. I sent a certified letter demanding that the pool be removed. The next step is eviction. Do I have a right to remove the pool myself or hire a company to do it? My attorney says just evict them NOW but meanwhile, the town will be fining my father-in-law for the pool. They lied to him about not needing a permit and then lied to me about going to get the permit in the future. What a mess and what presumptious idiots!

It would be unwise for us to second-guess your attorney.
 

LdiJ

Senior Member
Evict them now and hire a company to remove the pool. Include the cost when you sue them for damages.

I don't agree with the bolded. That is an expensive above ground pool and they will obviously take it with them once they are evicted. The last thing you need is to damage that expensive pool. That would just muck things up completely.

However, I would also like to point out that since your father did give them permission to install the pool, its going to be a little mucky anyway.
 

csi7

Senior Member
The tenants will definitely take their "expensive" above ground pool with them when they leave. If a contractor put in the above ground pool, the contractor would have needed permits, and if they put it up themselves, it will be easy for them to take it down.

Do the eviction process, take pictures of the pool, dated, as well, to have on hand, if needed.
 

creep54

Junior Member
update on pool

On 7/2/13 I sent the tenants a certified letter along with a letter from the town and copies of ordinances. No response. On 7/11, they had a big argument with my father-in-law when he again told them to take down the pool. Wife cried & husband yelled at him for making her cry and threatened to find another place to live if they had to take down the pool. Apparently they thought that they were doing everyone a favor by living there! Then they went on vacation for a week. When they came back, they signed for my letter. Yesterday took town the pool. We may not have to go through the hassle of evicting them after all. Good riddance to them!
 

OHRoadwarrior

Senior Member
I am not going to defend their stupidity. That said, if you were poor and wanted to make a magnanimous gesture to your kids, this might be it. Imagine the humility of then having to take back the expenditure.



On 7/2/13 I sent the tenants a certified letter along with a letter from the town and copies of ordinances. No response. On 7/11, they had a big argument with my father-in-law when he again told them to take down the pool. Wife cried & husband yelled at him for making her cry and threatened to find another place to live if they had to take down the pool. Apparently they thought that they were doing everyone a favor by living there! Then they went on vacation for a week. When they came back, they signed for my letter. Yesterday took town the pool. We may not have to go through the hassle of evicting them after all. Good riddance to them!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top