What A Lease Cannot Say
Civ. Code 1953 — a dwelling lease clause waiving these rights is void as contrary to public policy
Void as contrary to public policy. Any provision of a dwelling lease or rental agreement by which the tenant agrees to modify or waive the rights the section lists is void.
- The rights and remedies under the sections on security deposits and on the landlord's entry.
- The right to bring a cause of action against the landlord that may arise in the future.
- The right to a notice or hearing required by law.
- Procedural rights in litigation over the tenant's rights and obligations as a tenant.
- The right to have the landlord exercise a duty of care to prevent personal injury or property damage, where the law imposes that duty.
Those are the rights the section names.
Other statutory rights. A provision waiving any other statutory right is also void unless the lease was presented to the tenant before the tenant took actual possession. That rule does not reach the same provision carried into a renewal.
Which leases. The section applies to leases and rental agreements executed on or after January 1, 1976.
Whether a particular clause is enforceable, and what follows if a landlord relies on one, are questions for a licensed California attorney.
Sources for this section (1)
- Civ. Code 1953 — Lease provisions waiving tenant rights; void
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.