Berkeley Mun. Code Chapter 13.76 § 13.76.170
Nonwaiverability (Berkeley Rent Stabilization and Eviction for Good Cause Ordinance)
Operative Text
Any provision in a rental agreement which waives or modifies any provision of this Chapter is contrary to public policy and void.
Berkeley Municipal Code § 13.76.170 establishes that any clause in a rental agreement that attempts to waive or alter the protections of Chapter 13.76 is void and unenforceable as a matter of public policy. This means the rent regulations in Chapter 13.76 apply to covered tenancies regardless of what a lease may say to the contrary.
Plain English — not legal advice.
Under § 13.76.170, lease terms that attempt to contract around Chapter 13.76's requirements have no legal effect, so compliant operators generally avoid including such clauses and instead draft rental agreements that align with the chapter's standards. Reviewing lease templates against Chapter 13.76 is a common practice among property managers operating in Berkeley to ensure no provisions inadvertently conflict with the ordinance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13.76.170 means that a lease clause purporting to waive your rights under Berkeley's rent regulations is unenforceable, so those protections remain in place even if you signed an agreement containing such language. Tenants who believe a landlord is relying on a waiver clause to deny Chapter 13.76 rights may consider raising the provision as a defense, filing a complaint with the Berkeley Rent Stabilization Board, or reaching out to a local tenant-rights organization for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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