A pool and spa lease addendum is a document used to layout the rules regarding the use of a pool, spa, hot tub, or Jacuzzi on a leased property to a tenant during a lease. It is an additional document attached to the original lease agreement.
Having a pool within a property is an incentive for potential tenants. It can boost the property appeal to tenants and facilitate the landlord in fetching a higher rental rate for space as it is considered a luxury amenity. However, this comes at an added liability to the landlord who wants to ensure that pool safety rules are followed in his absence. Landlords use a pool and spa lease addendum to protect themselves if the tenant is injured while using the pool, or causes damage to the pool.
Other than issuing guidelines for using the pool, it stipulates how periodic maintenance of the pool will be allocated or shared between the tenant and the landlord. Through a pool and spa lease addendum, one absolves themselves from any legal liability for accidents that might take place while tenants are using the pool. A pool and spa lease addendum can be used for both private and shared pools.
Need for a Pool & Spa Addendum
Having a pool or spa in one’s property comes with its fair share of risks. The contents of a pool and spa lease addendum serve the purpose of protecting from liability due to such risks through the following ways.
- Outlines financial liabilities – The addendum helps allocate financial responsibilities to the appropriate party to be used as a reference to get a resolution in case of any disputes. Financial liabilities include maintenance costs, costs of damages, etc.
- Describes pool rules – A pool and spa lease agreement provides the landlord with an opportunity to communicate the state-required and personalized pool rules and responsibilities directed towards its utilization. It also specifies who is responsible for guaranteeing these operations are done accordingly.
- Reduces liability and risks – The pool and spa lease addendum reduces the landlord’s liability for any precedent and unprecedented events specified in it.
How to Write
The contents of a pool and spa lease addendum will vary from one landlord to the other. However, several items will typically appear on a standard pool and spa lease addendum. These components have been outlined below to illustrate how a typical pool and spa addendum should be structured.
At the beginning of the addendum, one should identify the parties to signatories of the pool and spa lease addendum. To this effect, the following should be given;
- Date – When the addendum was created should be written to declare when the pool and spa lease addendum came into effect.
- Rental address – The location of the property where the pool is situated should be given. The location is specified by giving the mailing address of the property.
- Tenant’s personal information – The tenant should be identified by outlining their name and mailing address.
- Landlord’s personal information – The property owner should then be identified by providing their name and mailing address.
- Weekly maintenance – Next, the addendum should clarify who, between the landlord and the tenant, is responsible for weekly or routine maintenance of the pool. It should state what weekly maintenance entails: maintaining water levels, emptying, and cleaning skimmers and pool sweeps.
Next, insert an introductory statement that states the purpose of the pool and spa lease addendum. For example, an introductory statement can be written as follows.
“This pool and spa addendum is applicable for the property identified above. In addition, the addendum discloses house policies and guidelines in regards to the use of the pool/spa. Its contents apply to all and any tenant(s) of the property using the pool/spa.”
The rules typically found in a pool and spa lease addendum include but are not limited to the following.
- At your own risk– The landlord should clarify that tenants accessing and using the pool or spa are doing so at their own risk. This provision exempts the landlord from general liability.
- Age restriction – The landlord should declare the age limitation imposed to bar minors from accessing or using the pool unless it is under the supervision of an adult. He or she can go further to define the age from which a person is considered an “adult.”
- Caution – One should reaffirm that care and caution should be taken when using the amenity, for it can be dangerous and in the event of an accident, the tenant will have to bear all liability.
- Pool limitations – In some instances, the pool might not be useable or accessible, for example, during extreme weather conditions such as winter or maintenance. The landlord should list any foreseeable limitations.
- Damages – One should indicate that the tenant shall be financially responsible for any tenant-induced damages.
- Privileges – The landlord should convey that tenant’s privilege to use the pool can be revoked should the tenant fail to observe rules specified in the pool and spa lease addendum.
Pool and spa general guidelines
The landlord should then communicate the operating hours of the pool/spa in writing. Operating hours should be declared by indicating the opening and closing hours in numerals.
State laws require pools or pool areas to adhere to certain rules. As a landlord, one must ensure these guidelines are communicated to the tenants. They can be included in the pool and spa lease addendum as additional rules. One may also have other concerns they would like to address; they should be outlined in this section. Some common additional rules are as follows;
- The pool must be fenced in – Some states and local laws dictate that pool access gates should properly be locked, especially during non-operating hours. This rule is automatically transferred to the tenant as a user of the pool/spa, hence including it.
- Inviting guests – Sometimes, tenants may want to invite guests over for a swim. The landlord should state their position regarding this issue. Nothing is wrong with inviting guests, but this can be a concern, especially with shared pools. The options are often to limit the number of guests or prohibit inviting guests.
- Security measures – More often than not, there is a need for security within the pool area. The addendum should outline the security procedures for tenants as they enter and exit the pool area. This creates accountability should there be theft or damage cases.
As the final step, the landlord and the tenant are expected to sign the pool and spa lease addendum for it to be valid. Remember, it is a document that exempts the landlord from legalities associated with the access and use of the pool, and this is not achievable unless the tenant signs. Next to the signatures should be the dates of signing.
Pros and Cons
A pool and spa lease addendum can only be used for properties with a pool, spa, or other “similar” amenities. Constructing a pool as an amenity on one’s property has its upsides and downsides. Below are examples;
Pros:- Some of the benefits of installing a pool for your tenants include;
- Easy to find tenants – Property with pools, spas, hot tubs, and Jacuzzis attracts many tenants, meaning that landlords do not have to market their property intensely. The tenant searching process becomes less tasking for landlords.
- Property value goes up – Amenities such as pools and spas increase the property’s value, meaning higher rental rates can be set. Additionally, one can ensure that tenants chip in for pool maintenance costs ensuring the pool is maintained at a reduced cost on the landlord’s side. This way, property value appreciates and is at minimal financial risk.
- Financial gain – From the high rental rates and constant occupation of the property, the landlord is certain to gain financially.
Cons:- Having a pool within the property also has its negatives. To some tenants, a pool is a turn-off. The cons of having a pool are evidenced in the following ways;
- Security – Pools and pool areas must be secured. This can mean hiring additional manpower or installing security systems whose costs will normally trickle down to the landlord’s pockets. However, if transferred to the tenants, this cost can counter the benefits of having a pool.
- Safety – Pools can be dangerous, especially to minors. This is a source of concern to tenants with children limiting the variety of tenants the property attracts.
- Cleaning – Pools must be cleaned regularly. This can be a lot of work for whoever is allocated the responsibility. In cases where this is the tenant’s responsibility, some might not be willing to take up the workload.
- Upkeep – Maintaining is fairly expensive, especially in case of damages. Some tenants might not be willing to assume that financial burden, and if, as the landlord, one is responsible for such expenses, it can be quite expensive.
- Repairing fixtures – In case of damages due to wear and tear, pools require repairing, ultimately costing the landlord.
- Collecting pool fees – Sometimes, it might be necessary to request tenants to pay a certain fee for using the pool, and since it is a luxury expense, some tenants might find it not worthwhile.
- Insurance – Ownership of a pool, especially for public use, must be accompanied by insurance coverage. Having to cater for this expense can be treated as a downside.
Frequently Asked Questions
What is a pool addendum?
A pool addendum is a document added to a lease agreement by the landlord to outline the terms and conditions (rules)of using and accessing a pool.
How do you write a pool addendum to a lease?
There are two alternatives when it comes to writing a pool addendum. The landlord can choose a pool and spa lease addendum template and personalize it to fit their requirements or craft one from scratch. The basic components of a pool addendum are; effective date, parties’ and property’s identifying information, weekly maintenance clause, addendum introduction (outlines the rules), general guidelines of the pool/spa, additional rules, and finally, the parties’ signatures.