The California Civil Code, Chapter 2, Section 1953 identifies the types of provisions that landlords are prohibited from using in their rental agreements:
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.
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California Prohibited Residential Lease Provisions | American LandlordThe California Civil Code, Chapter 2, Section 1953 identifies the types of illegal provisions that landlords are prohibited from using in their rental agreements to have tenant waive or modify their legal rights.
View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-prohibited-residential-lease-provisions/
California Residential Lease Renewal Laws | American LandlordLearn what happens after a term of tenancy expires and how California laws govern rental agreements that are written to auto-renew - based on the California Civil Code, Chapter 2, Section 1945 and 1945.5.
This video answers the question: If a landlord deposits my rent check after the lease has ended, does that mean my lease is automatically renewed?
View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-residential-lease-renewal-laws/
California Landlord May Prohibit Smoking Cigarettes | American LandlordThe California Civil Code, Chapter 2, Section 1947.5 allows for a landlord (or agent) of a residential rental property to adopt a no smoking policy for tenants on the property or in any building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with the law.
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
This video answers the question: Can my landlord prevent me from smoking marijuana in my apartment?
View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-landlord-may-prohibit-smoking-cigarettes/