Hot Tubs

By Dylan Mazeika

Unfortunately there are a number of hurdles for renters that prevent them from buying a hot tub. Outside of possible lease violations from a renter installing a hot tub, there are a number of concerns from a landlord’s perspective in terms of liability if a third party was to be injured because of the hot tub.

Issues with the lease

Installing a hot tub will require a number of modifications to the property. If you were to review your lease closely you would likely see language similar to this:

“Lessees shall not be allowed to paint or decorate the premises or make any alterations, additions, without the Lessors’ consent.”

Consider the following changes to the property that will have to be made:

• Ensuring the hot tub has a sound foundation: Often time’s decks and patios will provide adequate support for a hot tub, but will also require significant modifications during the installation process. Many cities require a permit depending on the location of the home as well.
• Electric inputs: You’re going to need to create a power setup for the hot tub that most likely isn’t preexisting. Big spas will need a lot of power, and most likely will require being hardwired. Expect to need a 50 – 60 amp circuit installed, as well as a manual disconnect device within 5 feet of the tub.

While it can be worked out that the renter will assume the costs associated with installation and maintenance, landlords will be keeping the future of the property and new tenants in mind. Going forward the landlord will have to ensure that future tenants are responsible for and have a passion for keeping the hot tub clean and taking care of maintenance. If it came down to having the tub removed, most landlords would prefer not to incur that cost and not allow hot tubs in the first place.

Liability issues

On top of making sure that a hot tub installation is approved and legal in the eyes of local government, there are a number of liability concerns that home owners are weary of when a renter wants to install a hot tub.

Many cities and towns often have regulations around how and where pools and tubs are installed. A home owner must be concerned with keeping the area of a hot tub gated and secure. Consider a situation where the renter isn’t home and a neighborhood child climbs into the hot tub when no one is around and is injured, or worse. The homeowner could be subject to blame here for just tacitly allowing the hot tub to be on the premises. While the renter could assume costs for installation and upkeep, the home owner would have to consider potential legal ramifications that they could be responsible for by allowing a hot tub on the property.