Landlords – Certain Lessee Rights Cannot Be Modified Or Waived

There are certain rights which cannot be waived by a tenant even though that tenant might agree and put said waiver or modification in writing. Under Cal. Civ. Code § 1953, certain rights agreed waived or modified by a tenant shall be void and contrary to public policy including: (1) A tenant’s rights or remedies under Sections 1950.5 (security deposit) or 1954 (entry by landlord); (2) His right to assert a cause of action against the lessor which may arise in the future; (3) His right to a notice or hearing required by law; (4) His procedural rights in litigation in any action involving his rights and obligations as a tenant; (5) 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.

If you are a landlord and have a question regarding your residential or commercial lease, contact one of our Lease Attorneys in Los Angeles for a free consultation or case evaluation.

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