Lease clause - no warranty for shed or mower

[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?

[JD Martin]

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.