ArcaMax

Q: We recently rented a home with a pool, and the pool service is included. For liability reasons we keep the screen doors to the lanai locked to prevent someone entering and falling in the pool. However, the pool service person needs access to clean and check water chemistry. So, we unlock the doors the day of service and relock upon his departure.

Here’s the issue: We are leaving on an extended trip for several months and are concerned about leaving the lanai unlocked for that duration. We’re concerned from the liability perspective, and we obviously wouldn’t want anyone harmed.

How should we handle this? We have gotten mixed answers from other pool owners. Some leave their lanais unlocked, and others do not. By the way, the owners of the house we’re renting are fine with leaving it unlocked. But we worry that as the occupants of the house, we would still be exposed to any legal action should something go wrong while we’re away.

What do you think?

A: We think you’re savvier than your owners in making sure the lanai is locked when the pool is not in use and especially when you are not around. But we understand that the pool needs to be serviced while you’re out of town.

There are several ways to protect yourselves while giving access to those that need it. Have you thought about giving a copy of the key to the pool service company? They could then access the area as needed. A second option might be to set up a lock box system and put a key in the box. You could give the pool service company the code to the box so that they can get in and service the pool. A third option would be to install a keyless entry system and give the pool company the means to get in using that system. The beauty of a keyless entry system is that you can change the code if the need arises.

You might also ask the pool company how they handle this situation for other owners. Find out what systems they recommend for locking down a lanai. You might find out that the pool company has faced this situation in other instances, and they might have a workable solution that you’ll find acceptable.

For specific liability questions, you will want to talk to an attorney who handles liability claims in the area where your rental property is located. We can imagine a situation where a child gets access to the pool and an accident occurs. You may get blamed. But there may be case law in your state that leans one way or another on this issue. That’s why you’d want to consult with a local attorney.

Overall, the safest thing to do is keep the area locked. While we understand that someone could break in or cut the fencing, at least you would have kept the area under lock and key. While the owner said they’re fine keeping the lanai unlocked while you are gone, we suspect that attitude would change if something happens in the pool while you’re gone. To your point, you wouldn’t want to wind up with legal responsibility.

In general, while the owner may own a home, the tenant leases and controls it. That control likely places the legal burden on the tenant to keep the pool safe. For this reason, we agree that you should find a way to keep the pool locked while you are away but allow the pool servicing company to have access to it.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2025 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.