Cal. Civ. Code § 1942.1
California Civil Code
Operative Text
Any agreement by a lessee of a dwelling waiving or modifying his rights under Section 1941 or 1942 shall be void as contrary to public policy with respect to any condition which renders the premises untenantable, except that the lessor and the lessee may agree that the lessee shall undertake to improve, repair or maintain all or stipulated portions of the dwelling as part of the consideration for rental. The lessor and lessee may, if an agreement is in writing, set forth the provisions of Sections 1941 to 1942.1, inclusive, and provide that any controversy relating to a condition of the premises claimed to make them untenantable may by application of either party be submitted to arbitration, pursuant to the provisions of Title 9 (commencing with Section 1280), Part 3 of the Code of Civil Procedure, and that the costs of such arbitration shall be apportioned by the arbitrator between the parties.
Under Cal. Civ. Code § 1942.1, any lease clause in which a tenant gives up or limits their rights to habitable conditions is void and unenforceable as a matter of public policy. The law does allow one narrow exception: a tenant and landlord may agree in writing that the tenant will take on specific repair, improvement, or maintenance responsibilities as part of the rental arrangement. Additionally, the parties may include a written arbitration clause to resolve disputes about whether the premises are untenantable, with costs allocated by the arbitrator.
Plain English — not legal advice.
Cal. Civ. Code § 1942.1 means that standard lease language purporting to waive a tenant's habitability rights has no legal effect, so compliant operators avoid including such clauses. Landlords who wish to assign repair or maintenance duties to a tenant do so through a clear, written agreement that identifies the specific work as part of the rental consideration. Where both parties prefer arbitration over court proceedings for habitability disputes, a written arbitration clause referencing the statutory framework can be incorporated into the lease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1942.1 protects tenants by making any lease provision that waives habitability rights unenforceable, meaning such a clause cannot be used against you even if you signed it. If a landlord attempts to rely on a waiver or modification of your rights under Sections 1941 or 1942, tenants can raise the invalidity of that clause as a defense in any related proceeding. Tenants who have questions about whether a specific lease term violates this provision may contact a local tenant-rights organization or a rent board if one exists in their jurisdiction.
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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