Frequently, lessors/landlords will present to lessees/renters/tenants a lease full of boilerplate language. A renter will likely not be able to negotiate many of the terms in such standard leases. Consequently, a lease may contain many terms that a renter might not otherwise accept or in fact may not even be legal!
The question arises, what terms can the landlord get away with? That is of course, a very broad question. The best way to have it answered effectively is to contact an attorney like Darwin Bustarde, Esq. or other competent real property professional to review your lease and consult with you regarding its terms.
In California (and other states), the warranty of habitability is one implied warranty that many lessors want waived in the lease. The warranty of habitability requires that a dwelling be in a condition fit for the occupation of humans. California Civil Code Section 1941 et seq. For example, an untenable dwelling may lack: effective waterproofing/roof, plumbing that is in good working order, a water supply that provides cold and hot water, appropriate heating, electrical systems in good working order, adequate garbage receptacles, floors and stairs in good repair, and/or a locking mail box. California Civil Code Section 1941.1.
Sections 1942.1 and 1953 of the Civil Code make any agreement that waives or modifies a tenants rights establishing the warranty of habitability/tenability void as a violation of public policy. There are of course potential exceptions to this general statement that would need to be considered before taking any action in reliance on the warranty of habitablity. For example, a lessor and tenant can agree to have a tenant make improvements or repairs to the property in consideration for rent. Civil Code Section 1942.1.
If you are a landlord looking to control his or her legal duties to the extent legally permissible you should consult with an attorney to review your lease. Bustarde Law can provide that type of consultation for a reasonable flat fee, reflective of your interest as a landlord to make renting/leasing properties as profitable as possible. Conversely, if you are a renter or tenant and you have been presented with a lease, consult with an attorney to review it. A small investment to pay an experienced legal professional to review and consult with you regarding your lease could help you avoid legal issues in the future.
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