Can a tenant sign away their rights in their lease?

[reenzz]

6 yr. old post.

[CptnRn]

Originally Posted by FelixTheCat

Regarding things like how many days the tenant needs to give notice before moving out, how much deposit a landlord can keep and how much in late fines a landlord can collect, can the lease supersede the CA state law?

For example, is it law for a lease that is now month to month to have the tennant be required to give a 30 day notice or can the landlord write in whatever they want, such as 60 days? Another example, can a landlord say that if something is damaged, like old carpet, that the tenant has to pay the full cost of new carpet? Or does the landlord always have to go by a law that says they can only charge for the life left on the carpet if it is damaged? Basically I am asking, in California, do tenants have certain rights that can not be signed away?

In some cases a lease can legally require terms that might be considered more restrictive, such as requiring 60 days notice before move out. At least that is the way I read this document on California Tenant's laws:

California Tenants - California Department of Consumer Affairs

Tenant's notice to end a periodic tenancy

To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.
You must give the landlord the same amount of notice as there are days between rent payments.193 This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.194 This is true even if the landlord has given you a 60-day notice to end the rental agreement and you want to leave sooner (see Landlord's notice to end a periodic tenancy.)195

If your rental agreement specifies a different amount of notice (for example 10 days), you must give the landlord written notice as required by the agreement.196

Here is another example. Usually it is the landlord's responsibility to make repairs as needed to keep the property habitable. However, that is not the case if the landlord and tenant agree in the lease that the Tenant will make the repairs in exchange for a lower rent fee.

California Tenants - California Department of Consumer Affairs
Tenant's agreement to make repairs The landlord and the tenant may agree in the rental agreement or lease that the tenant will perform all repairs and maintenance in exchange for lower rent.154 Such an agreement must be made in good faith: there must be a real reduction in the rent, and the tenant must intend and be able to make all the necessary repairs. When negotiating the agreement, the tenant should consider whether he or she wants to try to negotiate a cap on the amount that he or she can be required to spend making repairs. Regardless of any such agreement, the landlord is responsible for maintaining the property as required by state and local housing codes.155

[CptnRn]

Originally Posted by reenzz

6 yr. old post.

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