In the past week I have had three owners ask about pools. First, let me say this is much better than the questions about ice dams that we get most of the year. 😉
If your lease is silent on pools, you may use the Wisconsin state law that requires your tenant to comply with local housing codes.
§707.07(3) (c) A tenant in a residential tenancy shall comply with a local housing code applicable to the premises.
Milwaukee Ordinance define the requirement for pools, starting at 75-20-5
“PERMIT REQUIRED. In addition to the requirements of ch. SPS 390, Wis. Adm. Code, no person shall construct, install, enlarge, establish, maintain or make any alteration to any public swimming place or any outdoor private swimming place without a pool construction permit issued by the commissioner.”
If your tenant is a month to month you must give them a 14 day termination. I suggest if they were otherwise good tenant that you include language such as “We will vacate this notice only if you remove the pool within 48 hours conditioned on not reinstalling a pool in the future without first obtaining all permits and complying with all City regulations”. Attached a copy of the Milwaukee pool regulations.
If you use a year lease you must give them a 5 day breach notice, allowing them 5 days to remove the pool or be evicted.
Why are owners against pools, don’t they want the tenants to enjoy summer? Pools are dangerous even when installed with proper fencing etc.
- An average of 3,533 fatal unintentional drownings (non-boating related) annually in the United States
- About one in five people who die from drowning are children 14 and younger.
- For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.
