You do a drive by of your rental and there is it. A big new trampoline in the backyard. Cause for concern? You bet! Some tenants think it's a great idea to buy a trampoline. Hours of fun for their children and probably the neighbor's children but is it wise to allow this? Do you even have a choice in the matter? The tenant says this is a safe trampoline because it has the cage around it but is it really safe?
Many insurance companies do not cover injuries sustained by people using trampolines, and the mere presence of a trampoline on the property could result in the insurance company canceling the insurance on the premises. Does your lease adequately address this issue? Can you force the tenant to remove the trampoline? Injuries to individuals using trampolines are high and rising as trampolines are becoming less expensive and easily obtainable at stores such as Wal-Mart. You see it out front leaning against the building! Tempting. Serious injuries occur every year to the neck, legs, spine, face and head of users. This includes your tenants, their kids, neighbors and that drunk uncle who decides at 60 years old he is going to show off at the bar b que. Over 90,000 people sustained injuries last year alone, many included paralysis and some even death due to the use of trampolines. The insurance companies know this and some have taken action!
The "Attractive Nuisance" Problem
On top of the danger to your tenants, a trampoline in the back yard is considered an "attractive nuisance", basically a legal term for something dangerous that is attractive to the kids in the neighborhood. In our opinion, trampolines should be expressly prohibited on residential rental property, as according to many insurance companies, the mere presence of a trampoline on a rental property will result in the loss of insurance coverage.
Does your owner's insurance coverage permit or prohibit trampolines? If the insurance company decides to prohibit them later, can you make the tenant remove the trampoline they bought 4 months ago?
Your First Step: Address It in the Lease
Your first step needs to be to create a policy that trampolines are prohibited, and this needs to be clearly stated in the lease agreement. By failing to state this in the lease agreement, it becomes difficult to make a tenant remove the trampoline and could even appear that the property owner or manager is discriminating against children by making them remove a trampoline. If you discover that trampolines are prohibited by the insurance company, and your lease fails to address the issue, we still recommend that you give a Seven Day Notice of Noncompliance with Opportunity to Cure and attempt to force the tenant to remove the trampoline.
The tenant's use or possession of the trampoline is affecting the insurance coverage the owner has on the property, so this may be grounds for enforcing the removal of the trampoline and even eviction if the tenant fails to comply.
Don't Forget Swing Sets, Pools, and Other "Toys"
What about swing sets, above-ground pools or other toys or recreational equipment that may be prohibited by the insurance company now or in the future. Do you need to list out every possible item and prohibit it all? You simply need to have a clause in your lease which makes the tenant agree to not engage in any activities which can affect insurance coverage.
Here is some wording which may be helpful:
What About a Liability Release?
Some of my clients ask if we can allow the trampoline but put a clause in the lease that states the tenant will hold the owner harmless in the event of an injury or death. A release of liability won't work. It especially won't work for guests, friends or neighbors who may use the trampoline with permission or not. On top of that, the mere asking a tenant to sign a release because you fear their children could be hurt could constitute a fair housing violation on the basis of familial status.
The Exception: Reasonable Accommodation
Now, there are always exceptions. One exception that had to be made was when the tenant of one of our clients actually stated that they needed the trampoline for their autistic child. The tenant provided proof from the doctor that this was medically necessary. We confirmed with the insurance company and in this case, it was allowed.
The Bottom Line
Don't take the trampoline issue lightly or make any assumptions. They are dangerous and despite you having a great experience with one in the past, as a property manager, your job is to protect the property owner, your company and yourself.
