Signing a Lease Does Not Mean You Accepted Everything in It
One of the most important things California tenants need to understand: a landlord cannot override state law with a lease clause. If a lease clause violates California law, it is void and unenforceable — even if you signed it, even if it was in large print, even if the landlord told you it was standard. Civil Code §1953 specifically voids lease clauses that attempt to waive tenants’ legal rights.
Common Illegal Lease Clauses
- “Tenant waives right to habitable premises” — void under Civil Code §1953
- “Landlord may enter at any time without notice” — void; 24-hour written notice is required by law
- “Tenant is responsible for all repairs” — void; habitability obligations cannot be transferred
- “No service animals or emotional support animals” — void under FEHA and Fair Housing Act
- “Tenant waives right to jury trial” — void in residential leases
- Late fees over 5-6% of rent — generally unenforceable as a penalty
- “Security deposit is non-refundable” — void (cleaning fees labeled “non-refundable” may be partially valid but are limited)
- “Landlord not liable for negligence” — void
- “No guests for more than X days without written approval” — may be void if unreasonably restrictive
Month-to-Month vs. Fixed-Term Leases
California recognizes two main types of rental agreements:
- Fixed-term lease: Locks both parties in for a set period (typically 12 months). The landlord generally cannot raise rent or evict without cause during the term. Early termination may result in penalties — but your landlord has a duty to mitigate by re-renting.
- Month-to-month: Either party can terminate with proper notice (30 or 60 days). More flexible but less security. If AB 1482 or a local RSO applies, the landlord still needs just cause to terminate.
Can a Landlord Change the Lease Mid-Term?
No. A landlord cannot unilaterally add new fees, rules, or conditions during the lease term without your written consent. New terms can only be added at renewal or with mutual written agreement. If your landlord tries to add fees mid-lease without your consent, you are not bound by them.
Oral Rental Agreements
California recognizes oral rental agreements for tenancies under one year. If you have no written lease, you have a month-to-month tenancy with all the same legal rights as a written agreement. The problem is proving the agreed terms — always try to get agreements in writing, even a text message confirmation works.
What to Do if a Landlord Tries to Enforce an Illegal Clause
- Respond in writing immediately, stating that the clause is void under California law and citing the relevant statute
- Do not simply comply — compliance may be treated as acceptance in some circumstances
- Contact a tenant attorney or legal aid organization
- If the landlord threatens eviction over an illegal clause, that eviction itself may be retaliatory and therefore illegal