The California Civil Code, Chapter 2, Section 1953 identifies the types of provisions that landlords are prohibited from using in their rental agreements:
Unlawful Provisions
Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy:
- His rights or remedies under the section California Security Deposit Transfer when Landlord Sells Property or California Landlord Right to Enter Rental Property.
- His right to assert a cause of action against the lessor which may arise in the future.
- His right to a notice or hearing required by law.
- His procedural rights in litigation in any action involving his rights and obligations as a tenant.
- His right to have the landlord exercise a duty of care to prevent personal injury or personal property damage where that duty is imposed by law.
Lease Must be Presented Before Taking Possession
Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive a statutory right, where the modification or waiver is not void under Unlawful Provisions or under Section 1942.1, 1942.5, or 1954, shall be void as contrary to public policy unless the lease or rental agreement is presented to the lessee before he takes actual possession of the premises. This subdivision does not apply to any provisions modifying or waiving a statutory right in agreements renewing leases or rental agreements where the same provision was also contained in the lease or rental agreement which is being renewed.
Added by Stats. 1975, Ch. 302.
Return to California Landlord-Tenant Laws.
