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Rent Regulations

San Jose Mun. Code Chapter 17.23 § 17.23.520

Waivers (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
San JoseProhibited Clauses

Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.520
A. Nonwaiver. Any waiver or purported waiver by a Tenant of rights granted under this Chapter 17.23 prior to the time when such rights may be exercised shall be void as contrary to public policy.
B. Waiver of Rights. It shall be unlawful for a Landlord to attempt or seek to waive, or to waive, in a written or oral rental agreement, the rights granted a Tenant under this Chapter prior to the execution of, or as a condition of entering into or extending, a written or oral rental agreement.
Source: Legislative text reproduced verbatim
Plain English

Under San Jose Mun. Code § 17.23.520, any attempt to waive a tenant's rights under Chapter 17.23 before those rights can be exercised is automatically void and unenforceable as a matter of public policy. The provision also makes it unlawful for a landlord to seek or obtain such a waiver—whether written or oral—as part of entering into, extending, or conditioning a rental agreement.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Landlords operating under San Jose Mun. Code § 17.23.520 generally ensure that no lease clause, addendum, or verbal condition attempts to strip tenants of their Chapter 17.23 protections before those rights arise. Compliant operators review rental agreements to confirm that no waiver language—express or implied—is included as a prerequisite to signing or renewing a tenancy.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 17.23.520, a tenant's Chapter 17.23 rights cannot be signed away in advance, meaning any lease clause or verbal agreement purporting to waive those rights is void and carries no legal effect. Tenants who believe a landlord has attempted to impose such a waiver may consider raising it as a defense in a relevant proceeding, filing a complaint with the City of San Jose's Housing Department, or reaching out to a local tenant-rights organization for general information.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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Related Rules

§ 127K
Agreement to waive enforcement of sanitary code; validity
§ 15
Non-liability of landlord; provisions in lease or rental agreement
§ 15A
Waiver of notices; lease or rental agreement provisions; validity

Source Information

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