Cal. Civ. Code § 15F
Residential leases or rental agreements restricting litigation or landlord liability; ouster of tenant; remedies
Operative Text
Section 15F. Any provision of a lease or other rental agreement relating to residential real property whereby the tenant agrees to waive his right to trial by jury in any subsequent litigation with the landlord, or agrees that no action or failure to act by the landlord shall be construed as a constructive eviction, shall be deemed to be against public policy and void. If a tenant is removed from the premises or excluded therefrom by the landlord or his agent except pursuant to a valid court order, the tenant may recover possession or terminate the rental agreement and, in either case, recover three months' rent or three times the damages sustained by him, and the cost of suit, including reasonable attorney's fees. Any agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section shall be deemed to be against public policy and void.
Massachusetts General Laws c. 186 § 15F renders two types of lease clauses legally unenforceable: one that would strip a tenant of the right to a jury trial in disputes with the landlord, and one that would prevent a tenant from claiming constructive eviction. Beyond voiding those clauses, the law also addresses self-help evictions — situations where a landlord removes or locks out a tenant without a valid court order — by providing the displaced tenant a right to reclaim the unit or end the tenancy and seek enhanced monetary damages. Any private agreement attempting to waive these protections is itself void under the statute.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 15F, compliant residential operators understand that lease language waiving a tenant's jury-trial rights or foreclosing constructive-eviction claims cannot be enforced and should not appear in rental agreements. Operators also recognize that regaining possession of a unit requires a valid court order; removing or excluding a tenant through self-help methods — such as changing locks or removing belongings — exposes the owner to a statutory damages claim of three months' rent or three times actual damages, plus the tenant's attorney's fees and court costs. Property managers generally review their standard lease forms to ensure no clauses conflict with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 15F means that if your lease contains a clause waiving your right to a jury trial or barring you from claiming constructive eviction, those clauses are void and cannot be used against you. If a landlord or their agent removes you from or locks you out of your home without a valid court order, the statute provides a right to seek reoccupancy or to terminate the tenancy and pursue damages equal to three months' rent or three times actual harm, along with court costs and reasonable attorney's fees. Tenants who believe this provision has been violated can explore options such as raising the violation as a defense or counterclaim in court, contacting a local tenant-rights organization, or consulting with a housing attorney to understand available remedies.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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