Cal. Civ. Code § 28
Waivers of Secs. 23 to 27 void and unenforceable
Operative Text
Section 28. A waiver of sections 23 to 27, inclusive, in any lease or other rental agreement, except as otherwise provided by law or by federal, state or local regulation shall be void and unenforceable.
Mass. Gen. Laws c. 186 § 28 establishes that any clause in a lease or rental agreement that attempts to waive the protections set out in sections 23 through 27 of the same chapter is legally void and carries no enforceable weight. In other words, even if a tenant signs a document containing such a waiver, that clause does not eliminate the underlying rights or obligations those sections create. The only exceptions are waivers that are expressly permitted by other applicable law or by federal, state, or local regulation.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 28, lease language that purports to have a tenant give up the rights established in sections 23 through 27 will not hold up if challenged, regardless of whether the tenant signed the agreement. Compliant operators generally review their lease templates to ensure no such waiver clauses are included, since their presence does not create an enforceable benefit and may signal broader compliance concerns. Staying current with any federal, state, or local regulations that carve out permissible exceptions is also a practice associated with well-managed rental operations.
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 § 28 means that a waiver of sections 23 through 27 protections found in a lease does not strip a tenant of those rights, even if the tenant signed the lease containing that language. If a landlord attempts to enforce such a waiver, a tenant may be able to raise its invalidity as a defense in a housing court proceeding or other relevant forum. Tenants who believe a waiver clause is being used against them can explore options such as contacting a local tenant-rights organization or a rent board if one has jurisdiction, or consulting with a housing attorney to understand the available paths.
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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