Is a hot tub allowed at a rental home? (Newport Beach: apartments, renters)

[tjaguirre]

Hello,

I rent in Newport Beach and recently got a small portable 110v hot tub for free from a friend. I put it on my front patio that is enclosed by fencing and a gate. I did not ask the landlord for permission as I didn't see it as a permanent install that would modify the property. Just 1 week in to having it (and btw, the managers haven't stopped by my house in over 1.5 yrs) but my luck, the property manager happened to stop by and noticed it while I wasn't home. He told the owner and now the owner is furious about it. I have renters insurance that covers it. I don't mind getting rid of the hot tub since it was free to begin with. However, I do like it and would love to keep it. I have read my rental agreement 3 times and nowhere does it have any mention of alterations to the property, pools, gym equipment etc. Its a basic 3 page agreement. With that being said, do I have any rights to keep it? All the requirements are met as far as a place to drain, check. Didnt require any electrical work since it has a 110 plug, check. It is fenced off and enclosed as private property with access by the tenants only, check. It is on a concrete slab that is part of the front porch and attached to the home and supports the weight, check. There is no possible water damage since the porch is all concrete and runs off into the grass. The hot tub is a small 365 gallon 3 person tub with GFCI protected circuit.

I am not a problem tenant. Been here 3 yrs and pay my rent on time. Never have complaints and have never had to call the manager for issues. I didn't get the hot tub to be that difficult tenant. I simply didn't think about the legal issues at the time and simply didn't know any better. I see both sides of the fence and am a fair person. If they insist it has to go, then I will get rid of it. But I come to this forum just to see if anyone has any experience or knowledge of this situation.

Any advice is appreciated,
TJ

[CSD610]

Perhaps the landlord would have been more than agreeable to approve the hot tub IF you had asked them first.

Maybe talk to your landlord and ask them if you pay a wee bit extra one time fee if you can keep the hot tub, make sure it is covered with your renters insurance policy and show the landlord where it is covered and stated on the printed policy.
If the landlord tells you that you have to get rid of it then you can get rid of it or put it in storage until you have a place you can use it.

Edited to add: None of the "requirements" you have listed above are met IF the landlord has not/does not approve it being on his property.

[ysr_racer]

Instead of asking us, ask the landlord.

[ninnty]

As long as your portable hot tub has more than 18 inches of water, its legally a swimming pool. I'm very pro-tenant rights, especially since most landlords feel like they are doing the tenant some sort of favor by "allowing" them to live there. But installing what is legally defined as a swimming pool on their property is kind of a big deal.

Does the fence around your hot tub meet these requirements?

(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground.
(b) A minimum height of 60 inches.
(c) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches.
(d) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter.
(e) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

http://www.cdph.ca.gov/HealthInfo/en...lSafetyAct.pdf


I'm surprised your lease doesn't have the "water bed and water-filled furniture" ban. Of the 7 apartments I've lived in, all 7 had a specific ban on water filled furniture in the lease. I'm sure a hot tub would be banned under this as well.


Honestly it would shock me if this was not your landlord's hill to die on. Previously, if your fence broke, it was a convenience issue, and your landlord could take a few days to fix. Now its a safety and legal issue. He would have to fix the fence immediately, and he'd also have to trust that you would report a broken fence right away - even if you're at work or on vacation.

Hop in the hot tub one last time, then drain it as soon as you get out. At least you got to enjoy it for a few days.

[NickofDiamonds]

It's the new normal.
It's always easier to ask for forgiveness then permision.
Then when you're caught, litigate !

[MarciaMarshaMarcia]

Sigh...life is too complicated now. When we were newlweds, a friend gave us one of those old-school, cedar tubs that heated with propane. We set it up & enjoyed, it didn't even occur to us to ask the landlord. When he saw it, he said it was cool & asked if he could take a soak when we weren't home.

Why don't try something like, ooops, sorry, thought it would be fine, throw in something about your model tenancy, offer them a beer, cookie, glass of lemonade, whatever...

[stray_slacker]

as a landlord, i wouldnt have minded but i would have made you pay a $300 nonrefundable fee for water damage and being a sneaky rat. next time, just ask.

[Electrician4you]

Originally Posted by tjaguirre

Hello,

I rent in Newport Beach and recently got a small portable 110v hot tub for free from a friend. I put it on my front patio that is enclosed by fencing and a gate. I did not ask the landlord for permission as I didn't see it as a permanent install that would modify the property. Just 1 week in to having it (and btw, the managers haven't stopped by my house in over 1.5 yrs) but my luck, the property manager happened to stop by and noticed it while I wasn't home. He told the owner and now the owner is furious about it. I have renters insurance that covers it. I don't mind getting rid of the hot tub since it was free to begin with. However, I do like it and would love to keep it. I have read my rental agreement 3 times and nowhere does it have any mention of alterations to the property, pools, gym equipment etc. Its a basic 3 page agreement. With that being said, do I have any rights to keep it? All the requirements are met as far as a place to drain, check. Didnt require any electrical work since it has a 110 plug, check. It is fenced off and enclosed as private property with access by the tenants only, check. It is on a concrete slab that is part of the front porch and attached to the home and supports the weight, check. There is no possible water damage since the porch is all concrete and runs off into the grass. The hot tub is a small 365 gallon 3 person tub with GFCI protected circuit.

I am not a problem tenant. Been here 3 yrs and pay my rent on time. Never have complaints and have never had to call the manager for issues. I didn't get the hot tub to be that difficult tenant. I simply didn't think about the legal issues at the time and simply didn't know any better. I see both sides of the fence and am a fair person. If they insist it has to go, then I will get rid of it. But I come to this forum just to see if anyone has any experience or knowledge of this situation.

Any advice is appreciated,
TJ

I wouldn't allow it. I had a tenant who had one. I asked him to remove it. He wasn't happy but push comes to shove I'll fight back. The property wasnt designed or modified to have any pool or spa on the premises. It's a liability issue. I know you probably see it as what's the big deal. But what if you're at work and some kid walks in the yard and drowns in the tub? Kids drown in pools all the time. Because the property wasn't made to have a spa on the premises.
Now who do you think gets dragged in court! You do but so can the LL.