California Prohibited Lease Clauses
7 restricted clause typesOur California law database tracks 7 lease clause types that state law prohibits or restricts (5 illegal, 1 typically unenforceable, 1 legally questionable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right. A clause marked "questionable" is not automatically void, but is worth challenging or having reviewed.
Educational information: generated from our California law database (last updated 2024-07-01). Not legal advice.
Clause types restricted by California law
Waiver of right to jury trial
Likely IllegalLegal basis: California Civil Code Section 1953(a)(4)
Waiver of implied warranty of habitability
Likely IllegalLegal basis: California Civil Code Section 1942.5
Waiver of legal rights or remedies
Likely IllegalLegal basis: California Civil Code Section 1953
Confession of judgment clause
Likely IllegalLegal basis: California Civil Code Section 1953(a)(1)
Landlord right to seize tenant property for rent
Likely IllegalLegal basis: California Civil Code Section 1953(a)(3)
Unreasonably high late fee (>10% typically)
Often UnenforceableLegal basis: California Civil Code Section 1671
Mandatory binding arbitration (may be unenforceable)
QuestionableLegal basis: California Code of Civil Procedure Section 1281
Frequently asked questions
- What lease clauses are illegal in California?
- California law restricts 7 clause types tracked in our database, such as: waiver of right to jury trial; waiver of implied warranty of habitability; waiver of legal rights or remedies.
- Is a lease still valid if it contains an illegal clause in California?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of right to jury trial" in California?
- California Civil Code Section 1953(a)(4).
Check Your Lease Against California Law
Not sure whether your lease complies with California law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More California lease law guides
- California rental lease laws — overview
- California security deposit limit
- California deposit return deadline
- California deposit interest rules
- California landlord entry notice
- California late fee laws
- California rent grace period
- California required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in California for your specific situation.