Aug 21

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. ¬†ūüėČ

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.

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