Water Safety In Rentals

Are Rentals Responsible For Water Safety? 

The habitability of a dwelling unit is, in most cases, the responsibility of a rental. A landlord should inspect their property regularly to ensure essential services, including water, adhere to health and safety standards. Tenants or guests must have access to safe drinking water. 

Landlords should have a water supply that has been approved under applicable law. The water supply should be furnished to appropriate fixtures, connected to a sewage disposal system approved under applicable law, and maintained in good working order. Additionally, a landlord should test their water regularly to detect and solve water contamination sooner.

Landlords or Airbnb hosts of a property with a swimming pool and/or a spa should have an adult supervising these amenities to prevent drownings, particularly with children. Installation of barriers around a pool is also necessary. A non-climbable, all-sided fence with a minimum of 60 inches in height is recommended. 

A landlord should install an isolation fence that separates the pool or spa from the house. The isolation fence should have enough openings with a width of not more than four inches to prevent kids from sliding through and accessing the body of water unsupervised.

Other requirements include:

• Having safety covers
• Using self-closing/self-latching gates
• Alarms should be installed on gates/doors to alert adults when a child opens them
• Providing a first-aid kit
• Having a poolside phone
• Providing a pool safety brochure

The lack of these measures has contributed to a significant percentage of Airbnb swimming pool injuries.

Note that a landlord may not be responsible for a water safety concern caused by a tenant’s own deliberate act.

What Can You Do?

If a landlord fails to maintain a dwelling unit in a habitable condition, a tenant should send them a written notice that specifies the particular issue that needs to be solved — for example, a broken swimming pool fence.

Nevada law requires landlords to do their best to remedy such a failure within 14 days of receiving the written notice if it’s remediable. If they fail to solve an issue that can be solved or make a reasonable effort to do so within this number of days, the tenant may:

• Terminate the rental agreement
• Recover actual damages
• Take the matter to court to receive any relief the court believes is proper
• Withhold rent that becomes due without incurring any fees

However, if the landlord is unable to adequately solve the concern after 14 days due to the tenant’s refusal to give the landlord lawful access to the dwelling unit, the tenant may be unable to take these actions. 

If you notice a water safety issue as a guest in a short-term rental, take photos and videos of the concern and message your host. If the host doesn’t solve the issue, you can ask for a refund. It’s crucial to use the Airbnb platform to communicate with the host or any other method that can be easily documented. 

If your host can’t remedy the issue or fails to respond, you can directly contact Airbnb. You should also consider contacting an Airbnb injury attorney to help you understand the steps to take to protect your rights.

Airbnb hosts whose tap water is unsafe to drink should be cautious. Even though they are typically not required to provide bottled water, as it can be expensive, they should take necessary measures to protect guests, such as installing a water filter and including the info on the house rules, which should be clearly displayed.

If you are involved in a swimming pool accident in a hotel or contract an illness after drinking contaminated water, report the matter to the hotel management. It will be best to submit a written report for documentation purposes. If you need immediate medical attention, report verbally and then submit a written report afterward. A Las Vegas hotel injury lawyer can help you gather the needed evidence to file a strong claim.

If you slip and fall in a rental due to water pooling in areas around a pool with a poor drainage system or because of inadequate lighting, cracked flooring, or the lack of anti-slip flooring around the pool, our Las Vegas slip-and-fall attorneys can help you get a fair outcome.

What Happens If I Get Sick From Rental Water? 

If you contract an illness after drinking contaminated water in a rental property, it’s recommended to submit a report to the local health department in addition to submitting a written notice to the landlord or host. 

The department will test the water to determine the cause of your illness. If the water does not meet the legal safety standards as determined by the department, you may have grounds to take further steps against your landlord or host — they may need to cover your medical expenses and any damages you incur due to the illness.

What Happens If I Get Sick From Pool Water? 

If you are exposed to contaminated water in a pool, you can get an illness, such as skin rashes, diarrhea, irritation of the eyes, and Hepatitis A. This is likely to happen in poorly-maintained pools — those with debris, whose water chemistry is not balanced and infested by insects and bacteria. You can also report such a case to the local health department for investigation.

What We Can Do for You

If you sustain an injury after drinking unsafe water or due to safety water concerns in a pool at a rental, you may have grounds to file a case against the landlord or host. At Adam S. Kutner, Injury Attorneys, we can help you determine the cause of your injury and the steps to take.