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Old 07-13-2014, 02:02 PM
 
Location: Silicon Valley
18,813 posts, read 32,518,287 times
Reputation: 38576

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Quote:
Originally Posted by Lovehound View Post
I use My Smart Move: https://mysmartmove.com/ which costs $35 for full report including criminal background.
I finally clicked on this link and see this is through TransUnion, and not some random website. I'd heard of this being offered by one of the other credit bureaus, I think. This is a great service.

I thought I'd just mention that there may be an apartment/landlord association in AZ you could join. The owner I worked for was a member of an apartment owner's association for the SF Bay Area. They provide documents that are always up to date, have education, a magazine, all kinds of perks. You might want to check it out. You may be happy with just using documents they have created.

This is the one my ex-boss belongs to:

Tri-County - California Apartment Association
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Old 07-13-2014, 04:21 PM
 
Location: Southern California
3,455 posts, read 8,345,774 times
Reputation: 1420
I haven't read the whole thread (about 4 pages). I'm not an owner but have rented all over the country...

It seems like I've read all kinds of things in leases that could cover you in regards to liability. For instance in CA I'm requires to have renter's insurance.

Can't you have some kind of clause that requires the renters to have some type of insurance in regard to the pool or have them sign some kind of waiver as part of the lease that they are excepting full responsibility for their safety as they are renting a home with a pool that does not have a lifeguard?

It seems to me I see stuff like this all the time.

I think you can write in this kind of stuff, as obviously you can't be there all the time to watch the pool and weather events could destroy any type of man made fences or landscaping you could put in to try to improve safety.

the parents are responsible for the kid. Make them sign a waiver. I seem to have to sign these every time I rent a paddle board or skis...why would a home rental agreement be different?
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Old 07-13-2014, 04:29 PM
 
Location: Southern California
3,455 posts, read 8,345,774 times
Reputation: 1420
Quote:
Originally Posted by Rabrrita View Post
Actually David, in AZ the property owner is always liable for injury/death to a child under the age of 12 in a swimming pool on their property. Has a lot to do with the PR mileage they get from the "Watch your kids around water" campaign. As the property owner, you are responsible for any child around your pool even if you rent the place out. The landlord has the burden of proving that they did everything possible to prevent the incident and if not for the negligence of the renter, it would not have happen. The landlord basically becomes a witness for the prosecutors or victim’s attorney because they have to detail in length the steps taken to prevent such incidents which mean the tenant’s negligence was the one and only cause.
that's crazy. There must not be enough water in AZ for lawmakers to have made a sound decision on this rule. That's totally nuts.

We had two drownings here in SoCal on the ocean in the past week. Is the lifeguard responsible? One lifeguard died trying to save a man this week too.

At least here I haven't heard talk of responsibility even with these deaths. I was a lifeguard once and we faced the same types of threats. It's just crazy to me as a swimmer. Swimmers are responsible for thier safety. Parents are responsible for their childrens safety.

As for AZ and swimming pools, sure I could see some liability if there is no fence or whatever....but I can't believe there is no option for a waiver that if you CHOOSE to rent a home with a pool, it becomes your responsibility to protect your child. Or agree to alter the property to make it fit for a child in agreement with the owner.

Wow, I just can't believe how crazy things have become.
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Old 07-13-2014, 07:04 PM
 
Location: SoCal
14,530 posts, read 20,131,516 times
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Who owns the ocean? Who owns the house? If the ocean, sue God. If the house, sue me.

Thanks NMSFM, I cannot give you more +rep. I have the link.
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Old 07-13-2014, 07:12 PM
 
Location: SoCal
14,530 posts, read 20,131,516 times
Reputation: 10539
Quote:
Originally Posted by rgb123 View Post
As for AZ and swimming pools, sure I could see some liability if there is no fence or whatever....but I can't believe there is no option for a waiver that if you CHOOSE to rent a home with a pool, it becomes your responsibility to protect your child. Or agree to alter the property to make it fit for a child in agreement with the owner.
Sadly, no. If I own the house and your kid drowns and I didn't meet all AZ, Maricopa and Mesa laws, rules and regulations, then it's on me.

What fence? A fence is only required around the property to keep neighborhood kids from drowning.

Who wants a big ugly fence in their back yard? I have a house like that, and 3 more without inside fence. There are ways to comply without an internal fence. Complicated ways.
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Old 07-14-2014, 03:59 AM
 
Location: Florida
23,173 posts, read 26,207,141 times
Reputation: 27914
Quote:
Originally Posted by rgb123 View Post

Can't you have some kind of clause that requires the renters to have some type of insurance in regard to the pool or have them sign some kind of waiver as part of the lease that they are excepting full responsibility for their safety as they are renting a home with a pool that does not have a lifeguard?

It seems to me I see stuff like this all the time.

I think you can write in this kind of stuff, as obviously you can't be there all the time to watch the pool and weather events could destroy any type of man made fences or landscaping you could put in to try to improve safety.

the parents are responsible for the kid. Make them sign a waiver. I seem to have to sign these every time I rent a paddle board or skis...why would a home rental agreement be different?

You can put anything you want in a lease. If it's not legal it can't be upheld which is why every such document has, or should have, a disclaimer that if any part is not legal it will not void any other part.
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Old 07-14-2014, 08:58 AM
 
Location: SoCal
14,530 posts, read 20,131,516 times
Reputation: 10539
You cannot waive legal liability!!!
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Old 07-14-2014, 11:43 PM
 
Location: Silicon Valley
18,813 posts, read 32,518,287 times
Reputation: 38576
Quote:
Originally Posted by Lovehound View Post
You cannot waive legal liability!!!
Correct. I think what was being said was that if one portion of the lease is not legal, it does not make the entire lease voidable.
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Old 07-15-2014, 04:00 AM
 
Location: Florida
23,173 posts, read 26,207,141 times
Reputation: 27914
Quote:
Originally Posted by NoMoreSnowForMe View Post
Correct. I think what was being said was that if one portion of the lease is not legal, it does not make the entire lease voidable.

Correct.
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Old 07-15-2014, 11:45 AM
 
Location: SoCal
14,530 posts, read 20,131,516 times
Reputation: 10539
Legal contracts almost always have that "one part does not void other parts" language. Otherwise one undotted I or uncrossed T could crash the whole thing.

Last edited by Lovehound; 07-15-2014 at 12:04 PM..
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