Many California lease terms have no effect no matter what the tenant signs. Civil Code § 1953(a) voids any clause in a dwelling lease where the tenant waives or modifies deposit or entry rights, future claims against the landlord, legally required notices or hearings, procedural rights in litigation, or the landlord's legal duty of care. Other statutes add their own anti-waiver rules, including § 1942.1 for repairs, § 1946.2(j) for just cause, § 1947.12(l) for the rent cap and § 1950.5(n), which bars calling any deposit "nonrefundable."

The short version

  • Section 1953(a) lists five kinds of tenant waivers that are always void in a dwelling lease.
  • Other waivers of statutory rights are void under § 1953(b) unless the lease was presented to the tenant before the tenant took possession.
  • Specific statutes void waivers of habitability, retaliation, just-cause, rent-cap, translation and payment-method rights, and attorney-fee waivers.
  • A one-way attorney fee clause works for whichever side prevails (Civil Code § 1717(a)).
  • A flat damages amount, such as a lease break charge, is void in a dwelling lease unless actual damages would be impracticable or extremely difficult to fix (Civil Code § 1671(d)).
  • A void clause does not cancel the statute it tried to waive. The tenant keeps the right.

Waivers California law voids

A clause that tries toResultSection
Waive or modify security deposit rightsVoidCivil Code § 1953(a)(1) (rights under § 1950.5)
Waive or shorten entry notice rulesVoid§ 1953(a)(1) (rights under § 1954)
Give up a claim against the landlord that may arise in the futureVoid§ 1953(a)(2)
Give up a notice or hearing required by lawVoid§ 1953(a)(3)
Give up procedural rights in a case about the tenancyVoid§ 1953(a)(4)
Excuse the landlord's legal duty of care to prevent personal injury or property damageVoid§ 1953(a)(5)
Waive habitability or repair-and-deduct rights for untenantable conditionsVoid, with two exceptions below§ 1942.1
Waive protection from retaliationVoid§ 1942.5(f)
Waive just-cause rights"Void as contrary to public policy"§ 1946.2(j)
Waive the rent capVoid, same words§ 1947.12(l)
Waive the automatic-renewal protections"Void as against public policy"§ 1945.5
Waive the translation rule"Void and unenforceable"§ 1632(l)
Waive attorney feesVoid§ 1717(a)
Waive rent payment method rightsVoid§ 1947.3

Section 1953 applies to leases executed on or after January 1, 1976 (§ 1953(c)).

Terms that are limited or not allowed

TermWhat the law saysSection
"Nonrefundable" deposit, cleaning fee or pet feeA lease may not characterize any security as nonrefundable§ 1950.5(n)
Upfront charges above the capTotal security is capped at one month's rent for most landlords, however named§ 1950.5(c)(1)
One-way attorney fee clauseWorks for whichever party prevails; reasonable fees are set by the court§ 1717(a)
Fixed damages for breaking the leaseVoid unless actual damages would be impracticable or extremely difficult to fix§§ 1671(d), 1951.5
Fee for paying by checkNot allowed; at least one form of payment that is neither cash nor electronic funds transfer must be allowed§ 1947.3
Fee for serving a noticeNot allowed§ 1946.1(i); CCP § 1161(6)
Required bulk internet with no opt-outFor tenancies commenced, renewed or continuing month to month on or after January 1, 2026, the tenant may opt out§ 1942.8
Requiring the tenant to supply a refrigeratorThe opt-out works only if the landlord does not condition the tenancy on it§ 1941.1(a)(11)(B)
Pet fee or extra deposit for an assistance animalNot allowed2 CCR § 12185
Waiver of future accommodation requestsNot allowed2 CCR § 12180(a)(3)
Consent to electronic dealings buried in a paper form leaseNot allowed under the electronic transactions lawCivil Code § 1633.5(b)

Two items are narrower than they look. An automatic renewal clause that is not in the required bold type is voidable, not void: it binds unless the party who did not prepare the lease chooses to avoid it (§ 1945.5). And § 1942.1 still lets a tenant agree to repair or maintain all or part of the home as part of the consideration for rent, and lets a written agreement send untenantability disputes to arbitration. See habitability and repairs.

How to review a lease for void terms

  1. Search the text for words such as "waive," "release," "hold harmless," "nonrefundable," "forfeit" and "regardless of notice." Each one deserves a second look.
  2. Add up every upfront charge other than first month's rent and the screening fee, and compare the total to the cap. See security deposits.
  3. Read the entry clause against Civil Code § 1954: written notice, 24 hours presumed reasonable, normal business hours, emergencies excepted.
  4. Read the repair clause. Tenant duties under Civil Code § 1941.2 and a repair-for-rent agreement are allowed; a blanket waiver of habitability is not.
  5. Read the fee clauses. Check the attorney fee clause, any late fee and any lease break charge against §§ 1717 and 1671(d).
  6. Check the renewal clause for 8-point bold type and the bold recital just before the signature (§ 1945.5).
  7. Fix problems before signing. Under § 1953(b), a waiver not already void elsewhere can stand only if the lease was presented before the tenant took possession.

Clause mistakes to avoid

  • Assuming a signature cures it. A void waiver stays void even if the tenant initialed it.
  • Using a void clause as leverage. Pointing to a void term to pressure a tenant invites a dispute, and a tenant who asserts a legal right is protected from retaliation under § 1942.5(d). See retaliation, harassment and lockouts.
  • Copying an old form. Forms written before recent changes may still charge check fees, call a cleaning fee nonrefundable or set a deposit above today's cap.
  • Calling a breach fee a "termination option." Whether a buy-out clause is judged as liquidated damages is a case-law question for counsel; see breaking a lease.

For owners

  • Review your lease form at least once a year and after each new law takes effect.
  • Remove clauses that cannot be enforced. A lease without dead clauses keeps attention on the terms that do count.
  • If a tenant points to a void term, correct it in writing rather than arguing it.

For renters

  • A void clause does not take away your rights, but it is not a reason to stop paying rent. Raise it with the owner in writing.
  • Keep a copy of the lease you signed. The owner must give you one within 15 days of your signature (Civil Code § 1962(a)(4)).
  • For a deposit dispute, a claim may be brought in small claims court if it is within that court's limits (§ 1950.5(o)).

If you are deciding whether to keep managing a lease form yourself, what a Coronado property manager does describes the work involved.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements, so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026, based on a review of its code's contents.

Frequently asked questions

Can a California lease make a deposit nonrefundable?

No. Civil Code § 1950.5(n) says a lease may not characterize any security as "nonrefundable," and cleaning fees, pet deposits and other upfront charges count as security under § 1950.5(b). Any of it can be kept only for the deductions the statute allows.

Can a tenant agree to give up entry notice?

Not in the lease. Section 1953(a)(1) voids any lease clause that waives or modifies rights under Civil Code § 1954. A tenant may still consent to an entry at the time it happens, and agreed repairs can be arranged orally within one week, as § 1954 allows.

Is a one-way attorney fee clause enforceable in California?

It is enforceable, but not as written. Civil Code § 1717(a) makes a fee clause that favors one side work for whichever party prevails, and any waiver of attorney fees in the contract is void. A case that is voluntarily dismissed or settled has no prevailing party under § 1717(b)(2).

Can a lease make the tenant responsible for all repairs?

A tenant may agree to repair or maintain all or part of the home as part of the consideration for rent (§ 1942.1), and tenants have their own duties under § 1941.2. A clause that simply waives the landlord's habitability duties for untenantable conditions is void.

If a lease has a void clause, is the whole lease void?

The statutes on this page void the offending provision; they do not say the whole lease fails. How a court treats the rest of a particular lease is a question for counsel. A severability clause, which states that the remaining terms stay in force if one is struck, is one way to address it in the lease.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

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