Lease clause - no warranty for shed or mower

Investor · Brentwood, CA · Member since 2013 · 195 posts · 52 votes

House is in Northern Calif.

I have a SFH with a metal shed in the backyard that was there when we bough the house. It is sitting on a concrete pad.

We have a push mower that is stored there, and the tenant could use it if they wish. The backyard has grass.

I want to put a clause in the lease that use of the shed & the mower is at the tenant's discretion, & we won't maintain it or be responsible for any repairs, etc.

Would this be permissible? A bad idea?

Could anyone supply a sample of wording for such a clause?

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JD MartinBusiness Member

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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes

Quote from @Lois S.:

House is in Northern Calif.

I have a SFH with a metal shed in the backyard that was there when we bough the house. It is sitting on a concrete pad.

We have a push mower that is stored there, and the tenant could use it if they wish. The backyard has grass.

I want to put a clause in the lease that use of the shed & the mower is at the tenant's discretion, & we won't maintain it or be responsible for any repairs, etc.

Would this be permissible? A bad idea?

Could anyone supply a sample of wording for such a clause?

*DO NOT* provide the tenants with a mower of any kind. Doing so assumes the tenant knows how to use and maintain it properly. Since a gas powered lawn mower can kill a person, you do not want that liability.

Better idea: include lawn care in the rent and just make sure your rent is increased proportionally to cover the lawn care (and make a little profit). Years ago we used to give tenants the option to cut grass themselves, and *they all suck at it*. So as houses started turning, every time it turned we added it to our lawn care service. I've never had a single tenant complain that the grass gets cut, edged, and all the driveways and patios and decks blown off weekly. I would never go back to letting the tenants cut the grass.

For what it's worth, I don't think your "use the shed at your own risk" clause would fly in California if something were to happen. It's a structure on your property and it's going to be expected by any reasonable court that you maintain the structures on your property. If it's unsafe, remove it. If it's not, just make sure your insurance covers outbuildings (liability and damages). My insurance covers outbuildings automatically, whether they're there or not, and I've had 3 different insurers over the years.

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John Teachout
Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
4y
We require our SFR tenants to maintain the lawn but don't provide a mower. As far as the shed, if it's on the property and they have permission to utilize it, it's incumbent on you to maintain it...
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Bill B.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
4y
Remove the shed and the mower if you don’t want to be responsible for them. If you’re not taking care of the landscaping get a quote on what it costs. Then add that to the rent and say discount of same amount available if tenant maintains grass. Some people like to do that. Some would rather pay.
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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
4y
Quote from @Lois S.:

House is in Northern Calif.
I have a SFH with a metal shed in the backyard that was there when we bough the house. It is sitting on a concrete pad.

We have a push mower that is stored there, and the tenant could use it if they wish. The backyard has grass.

I want to put a clause in the lease that use of the shed & the mower is at the tenant's discretion, & we won't maintain it or be responsible for any repairs, etc.

Would this be permissible? A bad idea?

Could anyone supply a sample of wording for such a clause?

*DO NOT* provide the tenants with a mower of any kind. Doing so assumes the tenant knows how to use and maintain it properly. Since a gas powered lawn mower can kill a person, you do not want that liability.

Better idea: include lawn care in the rent and just make sure your rent is increased proportionally to cover the lawn care (and make a little profit). Years ago we used to give tenants the option to cut grass themselves, and *they all suck at it*. So as houses started turning, every time it turned we added it to our lawn care service. I've never had a single tenant complain that the grass gets cut, edged, and all the driveways and patios and decks blown off weekly. I would never go back to letting the tenants cut the grass.
For what it's worth, I don't think your "use the shed at your own risk" clause would fly in California if something were to happen. It's a structure on your property and it's going to be expected by any reasonable court that you maintain the structures on your property. If it's unsafe, remove it. If it's not, just make sure your insurance covers outbuildings (liability and damages). My insurance covers outbuildings automatically, whether they're there or not, and I've had 3 different insurers over the years.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Lois S.:

I'm less skittish about liability. I would add a clause that says the she and mower are available for tenant use but the tenant is responsible for maintaining the mower at their own cost and you are not liable for injuries or damage caused by operation of the mower.
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Joe Martella
Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
4y
If you are worried about liability then don’t provide them with the mower. You can provide the manual with the mower electronic or physical docs. This way you can say they can use the mower.
Additionally, I think that any reasonable person would say a SFH would come with a shed. I have 4 SFHs. They all have sheds and I have paid to repair as needed. I think you should repair the structure on the property if needed. How much maintenance does a shed take?
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Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
4y
Quote from @Lois S.:

House is in Northern Calif.
I have a SFH with a metal shed in the backyard that was there when we bough the house. It is sitting on a concrete pad.

We have a push mower that is stored there, and the tenant could use it if they wish. The backyard has grass.

I want to put a clause in the lease that use of the shed & the mower is at the tenant's discretion, & we won't maintain it or be responsible for any repairs, etc.

Would this be permissible? A bad idea?

Could anyone supply a sample of wording for such a clause?

Most likely its already included in the lease as its on the property unless it is specifically excluded. As it relates to the mower, if it breaks (which happens a lot with mowers) - who is responsible? What I would do is tell them they are responsible for the yard, sell the mower and give them the option to buy it from you. Then its not your mower anymore.
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Lois S.
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Investor · Brentwood, CA · Member since 2013 · 195 posts · 52 votes
4y
Thanks for all the replies.
BTW, it's a simple push mower - no gas or electric.
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