Did you know... April 28, 2014

Attractive Nuisance

Doesn’t mean you’re pretty!!

Most residential leases, including the NWMLS’s, include a clause forbidding the tenant from creating a nuisance?  This would include an attractive nuisance.

An attractive nuisance is a danger likely to lure children onto a person’s land. For example, an individual who has a pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children.*

In order to enforce this provision, the landlord would need to give the tenant written notice of the violation via a Ten Day Notice.  This would be used, for instance, if a tenant installed a trampoline without permission and without appropriate safeguards.

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*http://legal-dictionary.thefreedictionary.com/Private+Nuisance

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.