Cal. Civ. Code § 1953
California Civil Code
Operative Text
(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.
California Civil Code § 1953 establishes that certain tenant rights cannot be signed away through a lease or rental agreement. Specifically, any clause in a residential lease that purports to waive a tenant's rights related to security deposits, landlord entry, future legal claims, required notices, litigation procedures, or a landlord's duty of care is void and unenforceable as a matter of public policy. For waivers of other statutory rights not covered by that absolute prohibition, the waiver is only enforceable if it was presented to the tenant before they took possession of the unit — and this timing requirement does not apply when the same waiver clause was already present in a lease being renewed. The law applies to leases and rental agreements entered into on or after January 1, 1976.
Plain English — not legal advice.
Under Cal. Civ. Code § 1953, compliant residential landlords and property managers generally avoid including lease clauses that attempt to strip tenants of core statutory protections, such as rights tied to security deposits, landlord entry rules, required legal notices, or the landlord's duty of care. For any other statutory-right modifications that are not outright prohibited, operators typically ensure those provisions are presented to the prospective tenant before the tenant takes actual possession of the premises, as clauses introduced after move-in are unenforceable. When renewing a lease, operators can carry forward waiver provisions that were already present in the expiring agreement without triggering the pre-possession timing requirement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1953 means that if a lease you signed contains a clause attempting to waive your rights to security deposit protections, landlord entry rules, legal notices, the ability to sue your landlord, or your landlord's duty of care, that clause is void regardless of your signature. If a lease introduced a waiver of some other statutory right after you had already taken possession of the unit, that clause may also be unenforceable under § 1953. Tenants who believe a landlord is relying on such a void clause — for example, as a defense in a dispute — may consider raising the provision's unenforceability in any relevant proceeding, consulting a local tenant-rights organization, or contacting a local rent board if one exists in their jurisdiction.
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.
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