Chapter 2. Hiring of Real Property - California Civil Code Section 1953
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California Laws > Civil Code > Chapter 2. Hiring of Real Property - California Civil Code Section 1953
1953. (a) 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:
(1) His rights or remedies under Section 1950.5 or 1954.
(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.
(b) 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 subdivision (a) 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.
(c) This section shall apply only to leases and rental agreements
executed on or after January 1, 1976.
Last modified: February 16, 2015