Sacramento, CA asked in Contracts, Intellectual Property and Real Estate Law for California

Q: Property management company wrote us a letter saying we needed to remove our pool in our backyard. Do we have too?

Been living in the house for 5 years have had a plastic pool up every summer for 5 years never been an issue got a letter saying it need to be removed because it violates paragraph 11:USE OF THE PREMISES: The premises shall not be used for any propose other than as a residence for the authorized Tenants listed above, and not for any commercial or other enterprise at any time during the occupancy of the premises. Tenant shall not disturb, annoy, endanger or interfere with other Tenants of the building or neighborhood, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. Tenant agrees that there will be no boats, campers, oversized or non-working vehicles parked on or in front of the property without prior written approval from Landlord. Maintenance of vehicles should be limited to private vehicles for a short term. Tenant shall not engage in “professional” vehicle repair on the premises.

1 Lawyer Answer

A: Let me break it down for you: Regardless of how many years you have been able to enjoy a portable plastic backyard pool, your landlord has now taken the legal position that your portable plastic backyard pool violates one or more of the nuisance rules governing your rented home or apartment, and has told you to remove it.

So it appears you have two choices to make:

(1) Do nothing and wait for the next shoe to drop-- which could be a 30 day notice of eviction; or

(2) Take the pool down.

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